ORS 271.310
Transfer or lease of real property owned or controlled by political subdivision

  • procedure in case of qualified title
  • notice
  • rules

(1)

Except as provided in subsection (2) of this section and subject to subsection (3) of this section, whenever any political subdivision possesses or controls real property not needed for public use, or whenever the public interest may be furthered, a political subdivision may sell, exchange, convey or lease for any period not exceeding 99 years all or any part of the political subdivision’s interest in the property to a governmental body or private individual or corporation. The consideration for the transfer or lease may be cash or real property, or both.

(2)

If the ownership, right or title of the political subdivision 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 the real property is restricted, whether by dedication or otherwise, the political subdivision may, after the county court or governing body thereof has first declared by resolution that the real property is not needed for public use, or that the sale, exchange, conveyance or lease of the real property will further the public interest, file a complaint in the circuit court for the county in which the real property is located against all persons claiming any right, title or interest in the real property, whether the interest be contingent, conditional or otherwise, for authority to sell, exchange, convey or lease all or any part of the real property. The resolution is prima facie evidence that the 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 the real property, a statement of the nature of the restriction, qualification 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 limitation, qualifications or restrictions, the resolution, and all other matters pertinent thereto. Neither costs nor disbursements may be recovered against any defendant.

(3)

Intentionally left blank —Ed.

(a)

At least 30 days before listing or placing real property for sale, exchange or conveyance, a political subdivision shall notify the Department of Transportation of its intent to sell, exchange or convey the real property if the real property is within 100 feet of a railroad right of way or is within 500 feet of an at-grade rail crossing.

(b)

The department shall share the advance notice with private providers of rail service that might be interested in obtaining the real property to facilitate the current delivery or future expansion of rail service. Notwithstanding the benefit of receiving advance notice, a private provider of rail service may not obtain or enter into negotiations to obtain the real property until the political subdivision offers the real property for sale, exchange, conveyance or lease to the general public. As used in this paragraph, “general public” includes private providers of rail service.

(c)

Paragraph (a) of this subsection does not apply:

(A)

To light rail corridors and any other rail corridors excluded by rule of the department;

(B)

If the proposed sale, exchange or conveyance of the real property is to a provider of rail service; or

(C)

To the proposed sale, exchange or conveyance of easements.

(d)

The department shall adopt rules to implement this subsection. The rules may include provisions that:

(A)

Identify rail corridors within which a political subdivision is not required to provide notice of intention to sell, exchange or convey real property within 100 feet of a railroad right of way or within 500 feet of an at-grade rail crossing.

(B)

Establish a process for providing advance notice to private providers of rail service.

(4)

Unless the governing body of a political subdivision determines under subsection (1) of this section that the public interest may be furthered, real property needed for public use by any political subdivision owning or controlling the property may not be sold, exchanged, conveyed or leased under the authority of ORS 271.300 (Application and administration of ORS 271.300 to 271.360) to 271.360 (Lease requirements), except that it may be exchanged for property that is of equal or superior useful value for public use. Any such property not immediately needed for public use may be leased if, in the discretion of the governing body having control of the property, the property will not be needed for public use within the period of the lease.

(5)

The authority to lease property granted by this section includes authority to lease property not owned or controlled by the political subdivision at the time of entering into the lease. A lease under this subsection shall be conditioned upon the subsequent acquisition of the interest covered by the lease. [Amended by 1955 c.755 §1; 1961 c.136 §1; 1979 c.284 §127; 1981 c.787 §27; 1985 c.443 §5; 1999 c.559 §2; 2011 c.446 §1; 2013 c.781 §32]

Source: Section 271.310 — Transfer or lease of real property owned or controlled by political subdivision; procedure in case of qualified title; notice; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors271.­html.

Notes of Decisions

City council’s decision to sell publicly owned property pursuant to this section was legislative, as it did not entail an adjudicatory application of pre-existing criteria to concrete facts and therefore was not judicially reviewable by writ of review. Lane v. City of Prineville, 49 Or App 385, 619 P2d 940 (1980)

Attorney General Opinions

Power of school district to except right to use services as partial consideration for sale of school district property, (1979) Vol 39, p 707

271.005
Definitions for ORS 271.005 to 271.540
271.080
Vacation in incorporated cities
271.090
Filing of petition
271.100
Action by city governing body
271.110
Notice of hearing
271.120
Hearing
271.130
Vacation on city governing body’s own motion
271.140
Title to vacated areas
271.150
Vacation records to be filed
271.160
Vacations for purposes of rededication
271.170
Nature and operation of statutes
271.180
Vacations in municipalities included in port districts
271.190
Consent of owners of adjoining property
271.200
Petition
271.210
Hearing
271.220
Filing of objections
271.230
Records of vacations
271.300
Application and administration of ORS 271.300 to 271.360
271.310
Transfer or lease of real property owned or controlled by political subdivision
271.320
Exchange of trust fund assets
271.330
Relinquishing title of property not needed for public use
271.335
Relinquishing reversionary interest held by political subdivision
271.340
Property valuation in exchange to be equal
271.350
Determining valuation of property in exchanges
271.360
Lease requirements
271.375
Public grazing lands
271.380
Indemnifying political subdivision for loss or damage resulting from occupancy of its property
271.390
Lease or purchase of real estate by public body or council of governments
271.400
Conveyances by political subdivision to state
271.405
Transfer of property by city or town to county for public institutions and works
271.410
Use of municipal property for rodeos, games, racing and exhibitions
271.420
City bonds as payment for land sold by city
271.430
Lease of space above or below street or highway
271.440
Agreements for location of transmission lines on property of political subdivision
271.445
Installation of fiber-optic lines on public land and in public right of way
271.510
Definition of “industrial facility” for ORS 271.510 to 271.540
271.520
Declaration of legislative purpose
271.530
Powers of counties and cities to acquire and dispose of industrial facilities
271.540
County or city operation of industrial facility
271.600
Use of term “squaw”
271.715
Definitions for ORS 271.715 to 271.795
271.725
Acquisition and creation of conservation or highway scenic preservation easement
271.729
Report on effect of conservation or highway scenic preservation easement on property value
271.735
Hearing
271.745
Validity of conservation or highway scenic preservation easement
271.755
Action affecting conservation or highway scenic preservation easement
271.765
Applicability
271.775
Rules governing conservation and highway scenic preservation easements
271.785
Taxation of property subject to highway scenic preservation easement
271.795
Construction of Act
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