2015 ORS 270.100¹
Notice to department before sale of real property
  • rules
  • procedures
  • restrictions on final disposition

Caution-flag-2-25x25
This section is amended
Effective March 15, 2016
Relating to the Housing and Community Services Department; creating new provisions; amending ORS 270.100 and 456.559; and declaring an emergency.

(1)(a) Before offering for sale any real property or equitable interest in real property that the state owns, the state agency acting for the state in the sales transaction shall report to the Oregon Department of Administrative Services that the state agency intends to sell or transfer the real property or the equitable interest. The department, or an agency the department specifically designates, shall notify other state agencies authorized to own real property of the intended sale or transfer to determine whether acquiring the real property or interest in the real property would be advantageous to another state agency.

(b)(A) The department shall give the first opportunity after other state agencies to acquire, purchase, exchange or lease real property or an interest in real property that the State of Oregon disposes of or sells to:

(i) The following entities, on the condition that the entities will develop housing on the real property that will be occupied by families and individuals with an income no greater than 80 percent of the median family income for the county in which the real property is located:

(I) Nonprofit organizations; and

(II) Indian tribes, as defined in ORS 97.740 (Definitions for ORS 97.740 to 97.760); and

(ii) Political subdivisions, as defined in ORS 271.005 (Definitions for ORS 271.005 to 271.540).

(B) The state agency responsible for selling or transferring the property or the equitable interest may require at the time of the sale or transfer that a political subdivision must use state real property or an equitable interest in real property sold or transferred to the political subdivision for a public purpose or benefit, and that the political subdivision may not resell the real property or the equitable interest to a private purchaser.

(c) If a state agency that intends to sell or transfer real property or an equitable interest in real property has not disposed of the real property or the equitable interest under paragraph (a) or (b) of this subsection, the state agency shall cause the real property to be appraised by one or more competent and experienced appraisers in accordance with rules the department adopts. Except as provided in ORS 273.825 (Purchase of lands by lessee or other person), if the property has an appraised value exceeding $5,000, the property or an equitable interest in the property may 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 a state agency acquires any real property or interest in real property, except for highway right of way that the Department of Transportation acquires, park properties that the State Parks and Recreation Department acquires and property within the approved projected campus boundaries for public universities listed in ORS 352.002 (Public universities), the state agency shall report to the Oregon Department of Administrative Services that the state agency intends to acquire the real property or the interest in real property. The department shall notify other state agencies that own land that the state agency intends to acquire real property or an interest in real property to determine whether another state agency desires to sell or transfer property that would meet the needs of the acquiring agency. In accordance with rules the Oregon Department of Administrative Services adopts, if no other state agency desires to sell or transfer property that would meet the needs of the agency that intends to acquire real property or an interest in real property, the agency may acquire the real property or interest in real property, 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 that the State Department of Fish and Wildlife controls;

(b) State forestlands that the State Forestry Department controls;

(c) Property that the Department of Transportation controls;

(d) Property that the Department of State Lands controls;

(e) Property that public universities listed in ORS 352.002 (Public universities) control;

(f) Property that the legislative branch of state government controls;

(g) Property that the judicial branch of state government controls; and

(h) Property that the State Parks and Recreation Department controls.

(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 the public 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) A home or farm that the Department of Veterans’ Affairs acquires or sells under ORS 88.720 (Acquisition, administration and disposal by state of property subject to lien held by state), 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) or 407.377 (Sale or management of foreclosed property under personal services contract).

(b) Real property that the Housing and Community Services Department acquires or sells under the provisions of ORS 456.515 (Definitions for ORS 456.515 to 456.725 and ORS chapter 458) to 456.725 (Discrimination against purchaser with children prohibited) or ORS chapter 458.

(c) Real property that the Oregon Health Authority or the Department of Human Services acquires or sells under ORS 410.075 (Authority of department and Oregon Health Authority to hold title to property) or 416.340 (Collection of claim against estate of deceased). [1991 c.816 §6; 1999 c.314 §81; 2005 c.625 §64; 2009 c.762 §50; 2011 c.34 §2; 2011 c.637 §82; 2013 c.167 §1; 2013 c.768 §119; 2015 c.285 §1; 2015 c.572 §1a; 2015 c.767 §§72,228,229]


1 Legislative Counsel Committee, CHAPTER 270—State Real Property, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors270.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.