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 3049
                     (To Resolve Conflicts)
 
                           A-Engrossed
 
                         Senate Bill 872
                  Ordered by the House June 22
  Including House Amendments dated June 22 to resolve conflicts
 
Sponsored by Senator NELSON; Representatives JENSON, LEE (at the
  request of Confederated Tribes of the Umatilla Indian
  Reservation)
 
 
                             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.
 
  Modifies definition of holder of conservation or highway scenic
preservation easement to include Indian tribe with traditional
cultural area in Oregon.
 
                        A BILL FOR AN ACT
Relating to holders of easements; amending ORS 271.715.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 271.715 is amended to read:
  271.715. As used in ORS 271.715 to 271.795, unless the context
otherwise requires:
  (1) 'Conservation easement' means a nonpossessory interest of a
holder in real property imposing limitations or affirmative
obligations the purposes of which include retaining or protecting
natural, scenic, or open space values of real property,
 { - assuring - }  { +  ensuring + } its availability for
agricultural, forest, recreational, or open space use, protecting
natural resources, maintaining or enhancing air or water quality,
or preserving the historical, architectural, archaeological, or
cultural aspects of real property.
  (2) 'Highway scenic preservation easement' means a
nonpossessory interest of a holder in real property imposing
limitations or affirmative obligations the purposes of which
include retaining or protecting natural, scenic or open space
values of property.
  (3) 'Holder' means:
  (a) The state or any county, metropolitan service district,
city or park and recreation district acting alone or in
cooperation with any federal or state agency, public corporation
or political subdivision;   { - or - }
  (b) A charitable corporation, charitable association,
charitable trust, the purposes or powers of which include
retaining or protecting the natural, scenic, or open space values
of real property, assuring the availability of real property for
agricultural, forest, recreational, or open space use, protecting
natural resources, maintaining or enhancing air or water quality,
or preserving the historical, architectural, archaeological, or
cultural aspects of real property  { - . - }  { + ; or
  (c) An Indian tribe as defined in ORS 97.740. + }
  (4) 'Third-party right of enforcement' means a right provided
in a conservation easement or highway scenic preservation
easement to enforce any of its terms granted to a governmental
body, charitable corporation, charitable association or
charitable trust, which, although eligible to be a holder, is not
a holder.
  SECTION 2.  { + If House Bill 3564 becomes law, section 1 of
this 2001 Act (amending ORS 271.715) is repealed and ORS 271.715,
as amended by section 12, chapter ___, Oregon Laws 2001 (Enrolled
House Bill 3564), is amended to read: + }
  271.715. As used in ORS 271.715 to 271.795, unless the context
otherwise requires:
  (1) 'Conservation easement' means a nonpossessory interest of a
holder in real property imposing limitations or affirmative
obligations the purposes of which include retaining or protecting
natural, scenic, or open space values of real property, ensuring
its availability for agricultural, forest, recreational, or open
space use, protecting natural resources, maintaining or enhancing
air or water quality, or preserving the historical,
architectural, archaeological, or cultural aspects of real
property.
  (2) 'Highway scenic preservation easement' means a
nonpossessory interest of a holder in real property imposing
limitations or affirmative obligations the purposes of which
include retaining or protecting natural, scenic or open space
values of property.
  (3) 'Holder' means:
  (a) The state or any county,   { - tribal government, - }
metropolitan service district, city or park and recreation
district acting alone or in cooperation with any federal or state
agency, public corporation or political subdivision;   { - or - }
 
  (b) A charitable corporation, charitable association,
charitable trust, the purposes or powers of which include
retaining or protecting the natural, scenic, or open space values
of real property, assuring the availability of real property for
agricultural, forest, recreational, or open space use, protecting
natural resources, maintaining or enhancing air or water quality,
or preserving the historical, architectural, archaeological, or
cultural aspects of real property { + ; or
  (c) An Indian tribe as defined in ORS 97.740 + }.
  (4) 'Third-party right of enforcement' means a right provided
in a conservation easement or highway scenic preservation
easement to enforce any of its terms granted to a governmental
body, charitable corporation, charitable association or
charitable trust, which, although eligible to be a holder, is not
a holder.
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