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 2479
 
                         Senate Bill 892
 
Sponsored by Senator GEORGE
 
 
                             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.
 
  Allows soil and water conservation district to acquire
conservation easement and highway scenic preservation easement.
Requires public hearing before acquisition. Allows district to
make rules regarding care, use and management of easement.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to land use; amending ORS 271.715, 271.725, 271.735 and
  271.775; and declaring an emergency.
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
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,
 { +  soil and water conservation 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.
  (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. ORS 271.725 is amended to read:
  271.725. (1) The state, any county, metropolitan service
district,  { + soil and water conservation district, + } city or
park and recreation district may acquire by purchase, agreement
or donation, but not by exercise of the power of eminent domain,
unless specifically authorized by law, conservation easements in
any area within their respective jurisdictions wherever and to
the extent that a state agency or the governing body of the
county, metropolitan service district,  { + soil and water
conservation district, + } city or park and recreation district
determines that the acquisition will be in the public interest.
  (2) Except as otherwise provided in ORS 271.715 to 271.795, a
conservation easement or highway scenic preservation easement may
be created, conveyed, recorded, assigned, released, modified,
terminated, or otherwise altered or affected in the same manner
as other easements.
  (3) The state, any county, metropolitan service district,  { +
soil and water conservation district, + } city or park and
recreation district may acquire by purchase, agreement or
donation, but not by exercise of the power of eminent domain
unless specifically authorized by law, highway scenic
preservation easements in land within 100 yards of state, county
or city highway rights of way.  These easements may be acquired
only in lands that possess significant scenic value in themselves
and contribute to the overall scenic beauty of the highway.
  (4) No right or duty in favor of or against a holder and no
right in favor of a person having a third-party right of
enforcement arises under a conservation easement or highway
scenic preservation easement before its acceptance by the holder
and recordation of the acceptance.
  (5) Except as provided in ORS 271.755 (2) a conservation
easement or highway scenic preservation easement is unlimited in
duration unless the instrument creating it otherwise provides.
  (6) An interest in real property in existence at the time a
conservation easement or highway scenic preservation easement is
created is not impaired by it unless the owner of the interest is
a party to or consents to the conservation easement or highway
scenic preservation easement.
  SECTION 3. ORS 271.735 is amended to read:
  271.735. (1) Before the acquisition of a conservation easement
or highway scenic preservation easement, the state agency,
county, metropolitan service district,  { + soil and water
conservation district, + } city  { - , - }  or park and
recreation district considering acquisition of such an easement
shall hold one or more public hearings on the proposal and the
reasons therefor. The hearings shall be held in the community
where the easement would be located and all interested persons,
including representatives of other governmental agencies, shall
have the right to appear and a reasonable opportunity to be
heard.
  (2) Notice of the hearing shall be published at least twice,
once not less than 12 days and once not less than five days,
prior to the hearing in a newspaper of general circulation in the
community. The notice may also be published by broadcasting or
telecasting generally in the community.
  (3) At least 30 days prior to the hearing, the state agency
shall mail notice of the hearing to the governing body of each
county, city and other governmental agency having jurisdiction in
the area of the proposed easements.
 
  (4) This section does not apply to conservation easements or
highway scenic preservation easements acquired pursuant to ORS
390.121, 390.310 to 390.338 and 390.805 to 390.925 or acquired
pursuant to a metropolitan service district bond measure
authorizing the acquisition of open spaces within specific areas.
  SECTION 4. ORS 271.775 is amended to read:
  271.775. The board or officer administering a state agency or
the governing body of any county, metropolitan service district,
 { +  soil and water conservation district, + } city or park and
recreation district may make and enforce reasonable rules,
regulations, orders or ordinances governing the care, use and
management of its conservation easements and highway scenic
preservation easements.
  SECTION 5.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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