71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2675
 
                         House Bill 2839
 
Sponsored by Representative G SMITH; Representatives GARRARD, P
  SMITH, T SMITH, Senator FERRIOLI (at the request of Marvin
  Padberg)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires Oregon Department of Administrative Services to allow
political subdivisions first opportunity after state agencies to
acquire all or part of real property of state prior to sale or
disposition. Requires all state agencies to obtain consent of
county governing board prior to sale or terminal disposition of
real property located in that county.
 
                        A BILL FOR AN ACT
Relating to the sale of real property owned by the state;
  amending ORS 270.100 and 273.413.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 270.100 is amended to read:
  270.100. (1)(a) Before offering for sale any real property or
equitable interest therein owned by the state, the state agency
acting for the state in such transaction shall report its intent
of sale or transfer to the Oregon Department of Administrative
Services. The department, or the agency specifically designated
by the department, shall notify other state agencies authorized
to own real property of the intended sale or transfer to
determine whether acquisition of the real property or interest
therein would be advantageous to another state agency.
  (b) The department shall give political subdivisions, as
defined in ORS 271.005, the first opportunity after other state
agencies to acquire, purchase, exchange or lease  { + all or part
of + } real property to be sold or disposed of by the State of
Oregon.  The state agency responsible for selling or transferring
the property may require at the time of the sale or transfer that
any state real property sold or transferred to a political
subdivision, as defined in ORS 271.005, shall be for use for a
public purpose or benefit, and not be for resale to a private
purchaser.
  (c) If property is not disposed of under paragraph (a) or (b)
of this subsection, in accordance with rules adopted by the
department, the state agency desiring to sell or transfer the
property shall cause it to be appraised by one or more competent
and experienced appraisers. Except as provided in ORS 273.825, if
such property has an appraised value exceeding $5,000 it shall
not be sold to any private person except after notice calling for
such proposals as set forth in ORS 270.130.
  (d) The department shall adopt rules to carry out the
provisions of this section.
  (2) Before acquisition of any real property or interest therein
by any state agency, except for highway right of way acquired by
the Department of Transportation and park properties acquired by
the State Parks and Recreation Department and property within the
approved projected campus boundaries for institutions of the
Department of Higher Education, the state agency shall report its
intent of acquisition to the Oregon Department of Administrative
Services. The department shall notify other state agencies owning
land of the intended acquisition to determine whether another
state agency desires to sell or transfer property which would
meet the needs of the purchasing agency. In accordance with rules
adopted by the Oregon Department of Administrative Services, if
no other state agency desires to sell or transfer property which
would meet the needs of the agency, the agency may acquire the
real property or interest therein, consistent with applicable
provisions of law.
  (3) Before any terminal disposition of real property or an
interest in real property, the state agency acting for the state
in the transaction must secure approval of the transaction
from { + :
  (a) + } The Oregon Department of Administrative Services { + ;
and
  (b) The governing body of the county or counties in which the
real property is located + }.
    { - (4) Subsection (3) of this section does not apply to
terminal disposition of the following real property: - }
    { - (a) Property controlled by the State Department of Fish
and Wildlife; - }
    { - (b) State forestlands controlled by the State Forestry
Department; - }
    { - (c) Property controlled by the Department of
Transportation; - }
    { - (d) Property controlled by the Division of State
Lands; - }
    { - (e) Property controlled by the Department of Higher
Education; - }
    { - (f) Property controlled by the legislative or judicial
branches of state government; and - }
    { - (g) Property controlled by the State Parks and Recreation
Department. - }
    { - (5) Notwithstanding the provisions of subsection (4) of
this section, prior approval by the Oregon Department of
Administrative Services is required for the terminal disposition
of public land for less than the fair market value of that
land. - }
    { - (6) - }   { + (4) + } The provisions of ORS 184.634,
270.005 to 270.015, 270.100 to 270.190, 273.416, 273.426 to
273.436, 273.551 and 308A.709 (1) to (4) do not apply to a home
or farm acquired, sold, or both, by the Director of Veterans'
Affairs under ORS 88.720, 273.388, 406.050, 407.135, 407.145,
407.375 and 407.377.
  SECTION 2. ORS 273.413 is amended to read:
  273.413. (1) The Division of State Lands may dispose of
isolated sections and fragments of sections of state lands which
are not suitable for management according to long-range policies
of the State Land Board. The proceeds of such sales shall be
applied and are continuously appropriated to the Division of
State Lands for the acquisition of lands or other suitable
investments as directed by the board in consultation with the
Oregon Investment Council.
  (2) The proceeds of any sale authorized by subsection (1) of
this section shall be deposited in a revolving account in the
Common School Fund. The costs of acquisition authorized by
 
subsection (1) of this section shall be charged to the revolving
account.
  (3) When requested in writing by the Division of State Lands,
the Oregon Department of Administrative Services shall draw a
warrant on the Common School Fund in favor of the Division of
State Lands for use as a revolving account. The State Treasurer
shall hold the revolving account in special account against which
the Division of State Lands may draw checks.
  (4) The Division of State Lands may use the revolving account
for the purposes specified in subsection (1) of this section.
  (5) Before disposing of lands described in subsection (1) of
this section, the division shall cause owners or lessees of land
adjoining the land to be disposed of to be notified of the
pending disposition. The notice shall indicate the time and
method of sale, the minimum or reserved price, if any, and shall
invite the landowners or lessees to participate as a prospective
purchaser if the landowner or lessee wishes to do so.
  (6) Before purchasing   { - or selling - }  land, the division
shall obtain approval of the governing body of the county or
counties in which such land is located.
  (7) The division shall prepare sales materials, including
catalogues of lands available for sale, and may charge a fee for
such materials.
  (8) This section does not apply to the sale or management of
state-owned submerged and submersible lands subject to ORS
chapter 274.
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