Dedication of land for natural heritage conservation purposes
- • notice and hearing
- • termination of dedication
(1) A private individual or organization which is the owner of any registered natural area may voluntarily agree to dedicate that area as a natural heritage conservation area by executing with the State Land Board an instrument of dedication. The instrument of dedication shall be effective upon its recording in the real property records of the office of the clerk of the county in which any or all of the natural heritage conservation area is located.
(2) Any public agency may dedicate lands under the provisions of ORS 273.563 (Definitions for ORS 273.563 to 273.591) to 273.591 (Natural Heritage Program Account) following the providing of opportunity for adequate public notice and hearing by the agency. The Oregon Transportation Commission, the State Fish and Wildlife Commission, the State Board of Forestry, the State Board of Higher Education, the State Parks and Recreation Commission and the State Land Board shall, with the advice and assistance of the Natural Heritage Advisory Council, establish procedures for the dedication of natural heritage conservation areas on land, the title of which is held by the State of Oregon, and which is under that agency’s management and control.
(3) The instrument of dedication shall contain any information or provisions as the private owner, organization or agency and council consider necessary to complete the dedication.
(4) Dedication of a natural heritage conservation area may be terminated as follows:
(a) The dedication of a natural heritage conservation area by a public agency may be terminated following the providing of opportunity for adequate public notice and hearing and a finding by that agency of an imperative and unavoidable necessity, or a finding by that agency, with the approval of the council, that the natural heritage conservation area is no longer needed according to the guidelines of the Oregon Natural Heritage Plan.
(b) The dedication of a natural heritage conservation area by a private individual or organization may be terminated by the private individual or organization after the council is assured that there has been compliance with the procedures required by the terms of the dedication instrument.
(c) The dedication of a natural heritage conservation area may be terminated by the board upon the advice of the council if the area is no longer needed according to the guidelines of the plan, or has permanently lost its natural character. [1979 c.711 §7; 1983 c.786 §8; 1991 c.121 §2]
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