2007 ORS 270.100¹
Notice to department before sale of real property
  • rules
  • procedures
  • restrictions on final disposition

(1)(a) Before offering for sale any real property or equitable interest therein owned by the state, the state agency acting for the state in such transaction shall report its intent of sale or transfer to the Oregon Department of Administrative Services. The department, or the agency specifically designated by the department, shall notify other state agencies authorized to own real property of the intended sale or transfer to determine whether acquisition of the real property or interest therein would be advantageous to another state agency.

(b) The department shall give political subdivisions, as defined in ORS 271.005 (Definitions for ORS 271.005 to 271.540), the first opportunity after other state agencies to acquire, purchase, exchange or lease real property to be sold or disposed of by the State of Oregon. The state agency responsible for selling or transferring the property may require at the time of the sale or transfer that any state real property sold or transferred to a political subdivision, as defined in ORS 271.005 (Definitions for ORS 271.005 to 271.540), shall be for use for a public purpose or benefit, and not be for resale to a private purchaser.

(c) If property is not disposed of under paragraph (a) or (b) of this subsection, in accordance with rules adopted by the department, the state agency desiring to sell or transfer the property shall cause it to be appraised by one or more competent and experienced appraisers. Except as provided in ORS 273.825 (Purchase of lands by lessee or other person), if such property has an appraised value exceeding $5,000 it shall not be sold to any private person except after notice calling for such proposals as set forth in ORS 270.130 (Publication of notice of sale).

(d) The department shall adopt rules to carry out the provisions of this section.

(2) Before acquisition of any real property or interest therein by any state agency, except for highway right of way acquired by the Department of Transportation and park properties acquired by the State Parks and Recreation Department and property within the approved projected campus boundaries for institutions of the Department of Higher Education, the state agency shall report its intent of acquisition to the Oregon Department of Administrative Services. The department shall notify other state agencies owning land of the intended acquisition to determine whether another state agency desires to sell or transfer property which would meet the needs of the purchasing agency. In accordance with rules adopted by the Oregon Department of Administrative Services, if no other state agency desires to sell or transfer property which would meet the needs of the agency, the agency may acquire the real property or interest therein, consistent with applicable provisions of law.

(3) Before any terminal disposition of real property or an interest in real property, the state agency acting for the state in the transaction must secure approval of the transaction from the Oregon Department of Administrative Services.

(4) Subsection (3) of this section does not apply to terminal disposition of the following real property:

(a) Property controlled by the State Department of Fish and Wildlife;

(b) State forestlands controlled by the State Forestry Department;

(c) Property controlled by the Department of Transportation;

(d) Property controlled by the Department of State Lands;

(e) Property controlled by the Department of Higher Education;

(f) Property controlled by the legislative or judicial branches of state government; and

(g) Property controlled by the State Parks and Recreation Department.

(5) Notwithstanding the provisions of subsection (4) of this section, prior approval by the Oregon Department of Administrative Services is required for the terminal disposition of public land for less than the fair market value of that land.

(6) The provisions of ORS 184.634 (Disposition of real property by department), 270.005 (Definitions) to 270.015 (Effect of ORS 270.005 to 270.190), 270.100 (Notice to department before sale of real property) to 270.190 (Disposition of operating fund revenues), 273.416 (Exchange of property held as trust fund asset), 273.426 (Exchange of property) to 273.436 (Lease procedure), 273.551 (Mining and drilling leases on state lands) and 308A.709 (Circumstances when additional taxes are not imposed) (1) to (4) do not apply to a home or farm acquired, sold, or both, by the Department of Veterans’ Affairs under ORS 88.720 (Acquisition, administration and disposal by state of property subject to lien held by state), 273.388 (Acquisition of Space Age Industrial Park by Department of State Lands), 406.050 (Additional powers and duties of director or department), 407.135 (Authority of department), 407.145 (Purchase and control of property), 407.375 (Sale of foreclosed properties) and 407.377 (Sale or management of foreclosed property under personal services contract). [1991 c.816 §6; 1999 c.314 §81; 2005 c.625 §64]

1 Legislative Counsel Committee, CHAPTER 270—State Real Property, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­270.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.