ORS 271.330
Relinquishing title of property not needed for public use


(1)

Any political subdivision is granted express power to relinquish the title to any of the political subdivision’s property not needed for public use to any governmental body, providing the property is used for not less than 20 years for a public purpose by the governmental body in the State of Oregon. These transfers for public purposes may include transfers without consideration of property held by counties as a result of tax foreclosures.

(2)

Intentionally left blank —Ed.

(a)

Any political subdivision is granted express power to relinquish the title to any of the political subdivision’s property to a qualifying nonprofit corporation or a municipal corporation for the purpose of providing any of the following:

(A)

Low income housing;

(B)

Social services; or

(C)

Child care services.

(b)

As used in this subsection:

(A)

“Qualifying nonprofit corporation” means a corporation that is a public benefit corporation as defined in ORS 65.001 (Definitions) and that has obtained a ruling from the federal Internal Revenue Service providing that the corporation is exempt from federal income taxes under section 501(c)(3) of the Internal Revenue Code.

(B)

“Social services” and “child care services” include but are not limited to education, training, counseling, health and mental health services and the provision of facilities and administrative services to support social services and child care services.

(3)

Any political subdivision is granted express power to convey real property to a nonprofit or municipal corporation to be used by the nonprofit or municipal corporation for the creation of open space, parks or natural areas for perpetual public use. The instrument conveying the real property must include a restriction on the use of the property that limits the uses of the property to those uses described in this subsection. The instrument conveying the property must also contain a provision for the reversion of the property to the political subdivision if the property is not used in conformance with the restriction. Real property conveyed under this subsection may include real property held by a political subdivision as a result of tax foreclosures.

(4)

Any political subdivision is granted express power to convey real property to a nonprofit, municipal or private corporation for the purpose of providing broadband service. The instrument conveying the real property shall include a restriction on the use of the property that requires the property to be used to provide broadband service. The instrument conveying the property shall also contain a provision for the reversion of the property to the political subdivision if the property is not used in conformance with the restriction.

(5)

Transfers under this section may include transfers without consideration of property held by counties as a result of tax foreclosures.

(6)

Before any county court or board of county commissioners may transfer, under subsection (1) of this section, any tax foreclosed lands in which the state or a political subdivision has represented delinquent and uncollected taxes, liens or assessments, the county court or board of county commissioners shall advertise in a newspaper of general circulation in the county for two successive weeks the court’s or the board’s intention to so transfer the property. The notice must state when the county court will hear objections to the transfer and must specifically describe the property intended to be transferred. After the hearing set in the notice is held and objections are heard, the court may, in the court’s sound discretion, proceed with the transfer. Except in the case of a transfer for low income housing, real property must be conveyed by deed, subject to a reversionary interest retained by the granting political subdivision in the event that the property is used for a purpose that is inconsistent with the grant. The granting political subdivision may waive the subdivision’s right to a reversionary interest at the time the property is conveyed. After the transfer the interests of the state or any political subdivision in the land on account of uncollected taxes, liens or assessments are extinguished, and the county is relieved of the necessity to account for uncollected taxes, liens or assessments. [Amended by 1981 c.787 §29; 1991 c.556 §1; 1997 c.248 §1; 1997 c.752 §2; 1999 c.366 §1; 2001 c.315 §54; 2013 c.158 §35; 2013 c.274 §13; 2019 c.112 §1; 2019 c.174 §112]

Source: Section 271.330 — Relinquishing title of property not needed for public use, https://www.­oregonlegislature.­gov/bills_laws/ors/ors271.­html.

Attorney General Opinions

Authority of city to grant balance of its special port fund to newly formed port district, (1979) Vol 39, p 757

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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