72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 3122
 
                         Senate Bill 730
 
Sponsored by Senator MINNIS
 
 
                             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.
 
  Directs Oregon Department of Administrative Services to sell
state surplus real property. Specifies that proceeds of sale are
dedicated to payment of expenses of Oregon Project Independence.
Declares state executive residence to be surplus real property.
 
                        A BILL FOR AN ACT
Relating to surplus state property; creating new provisions; and
  amending ORS 270.110 and 270.150.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 270.110 is amended to read:
  270.110. (1) Except as provided in subsection (2) of this
section, whenever the state or any agency thereof possesses or
controls real property not needed for public use,  { + whenever
surplus real property is reported under ORS 270.180  + }or
whenever the public interest may be furthered, the state or its
agency   { - may - }  { +  shall + } sell, exchange, convey or
lease for any period not exceeding 99 years all or any part of
its interest in the property to or with the state or any
political subdivision of the state or the United States or any
agency thereof or private individual or corporation.  Except
where the state is exchanging real property, the consideration
for the transfer or lease may be cash or real property, or both.
  (2) If the ownership, right or title of the state to any real
property set apart by deed, will or otherwise for a burial ground
or cemetery, or for the purpose of interring the remains of
deceased persons, is limited or qualified or the use of such real
property is restricted, whether by dedication or otherwise, the
state or its agency may, after first declaring by resolution that
such real property is not needed for public use, or that the
sale, exchange, conveyance or lease thereof will further the
public interest, file a complaint in the circuit court for the
county in which such real property is located against all persons
claiming any right, title or interest in such real property,
whether the interest be contingent, conditional or otherwise, for
authority to sell, exchange, convey or lease all or any part of
such real property. The resolution is prima facie evidence that
such real property is not needed for public use, or that the
sale, exchange, conveyance or lease will further the public
interest. The action shall be commenced and prosecuted to final
determination in the same manner as an action not triable by
right to a jury. The complaint shall contain a description of
such real property, a statement of the nature of the
restrictions, qualifications or limitations, and a statement that
the defendants claim some interest therein. The court shall make
such judgment as it shall deem proper, taking into consideration
the limitations, qualifications or restrictions, the resolution
and all other matters pertinent thereto. Neither costs nor
disbursements may be recovered against any defendant.
  (3) The authority to lease property granted by this section
includes authority to lease property not owned or controlled by
the state at the time of entering into the lease. Such lease
shall be conditioned upon the subsequent acquisition of the
interest covered by the lease.
  (4) Except for airspace leases negotiated by the Oregon
Department of Aviation, leases of state forestlands, and leases
of property controlled by the Division of State Lands, Department
of Higher Education or the legislative or judicial branches of
state government, any lease of state real property exceeding five
years must be approved in advance by the Oregon Department of
Administrative Services.
  SECTION 2. ORS 270.150 is amended to read:
  270.150. (1) The proceeds, less costs, of any real
property { + , other than surplus real property, + } sold by the
Oregon Department of Administrative Services under ORS 270.100,
270.110 and 270.130 may be credited to and deposited in the
Capital Projects Fund established by ORS 276.005 or the Trust for
Cultural Development Account established in ORS 359.405.
  (2) The proceeds of any real property { + , other than surplus
real property, + } sold by a state agency under ORS 270.100 and
270.110 may be credited to and deposited in the Trust for
Cultural Development Account. If the proceeds are credited to and
deposited in the account, a state agency may retain from the
proceeds the costs of selling the real property and the amount
originally paid by the state agency when the state agency
acquired the real property.
  (3) The revenue from the  { + sale, + } rental or lease of
surplus real property managed by the department shall be
deposited in the State Treasury to the credit of   { - the
operating fund established by ORS 283.076 - }  { +  the Senior
and Disabled Services Account established by ORS 410.120, to be
used for payment of expenses related to Oregon Project
Independence + }.
  (4) Notwithstanding the provisions of subsection (1) or (2) of
this section, an agency may negotiate with the department to
apply the proceeds of a sale, transfer or lease of   { - such
surplus - } real property { + , other than surplus real
property, + } to another capital acquisition of that agency.
  SECTION 3.  { + Pursuant to the provisions for terminal
disposition of state real property in ORS 270.100 to 270.190, the
state executive residence, also known as Mahonia Hall and the
Livesley Mansion, is declared to be surplus real property and
shall be sold by the Oregon Department of Administrative
Services.  The department shall place the proceeds of the sale of
the state executive residence into the Senior and Disabled
Services Account established pursuant to ORS 410.120, to be used
for payment of expenses related to Oregon Project
Independence. + }
  SECTION 4.  { + The amendments to ORS 270.110 and 270.150 by
sections 1 and 2 of this 2003 Act apply to any proceeds from the
sale, lease or rental of state property on or after the effective
date of this 2003 Act. + }
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