2015 ORS 271.725¹
Acquisition and creation of conservation or highway scenic preservation easement

(1) The state, any county, metropolitan service district, soil and water conservation district, city or park and recreation district or a county service district established under ORS 451.410 (Definitions for ORS 451.410 to 451.610) to 451.610 (Advisory committee for emergency communications system) to construct, maintain and operate service facilities in Washington or Clackamas Counties for the purposes specified in ORS 451.010 (Facilities and services provided by service districts) (1)(a) and (b) and in Washington County for the purpose specified in ORS 451.010 (Facilities and services provided by service districts) (5) may acquire by purchase, agreement or donation, but not by exercise of the power of eminent domain, unless specifically authorized by law, conservation easements in any area within their respective jurisdictions wherever and to the extent that a state agency or the governing body of the county, metropolitan service district, soil and water conservation district, city, park and recreation district or county service district established under ORS 451.410 (Definitions for ORS 451.410 to 451.610) to 451.610 (Advisory committee for emergency communications system) to construct, maintain and operate service facilities in Washington or Clackamas Counties for the purposes specified in ORS 451.010 (Facilities and services provided by service districts) (1)(a) and (b) and in Washington County for the purpose specified in ORS 451.010 (Facilities and services provided by service districts) (5) determines that the acquisition will be in the public interest.

(2) Except as otherwise provided in ORS 271.715 (Definitions for ORS 271.715 to 271.795) to 271.795 (Construction of Act), a conservation easement or highway scenic preservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.

(3) The state, any county, metropolitan service district, soil and water conservation district, city or park and recreation district or a county service district established under ORS 451.410 (Definitions for ORS 451.410 to 451.610) to 451.610 (Advisory committee for emergency communications system) to construct, maintain and operate service facilities in Washington or Clackamas Counties for the purposes specified in ORS 451.010 (Facilities and services provided by service districts) (1)(a) and (b) and in Washington County for the purpose specified in ORS 451.010 (Facilities and services provided by service districts) (5) may acquire by purchase, agreement or donation, but not by exercise of the power of eminent domain unless specifically authorized by law, highway scenic preservation easements in land within 100 yards of state, county or city highway rights of way. These easements may be acquired only in lands that possess significant scenic value in themselves and contribute to the overall scenic beauty of the highway.

(4) No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement or highway scenic preservation easement before its acceptance by the holder and recordation of the acceptance.

(5) Except as provided in ORS 271.755 (Action affecting conservation or highway scenic preservation easement) (2) a conservation easement or highway scenic preservation easement is unlimited in duration unless the instrument creating it otherwise provides.

(6) An interest in real property in existence at the time a conservation easement or highway scenic preservation easement is created is not impaired by it unless the owner of the interest is a party to or consents to the conservation easement or highway scenic preservation easement. [1983 c.642 §2; 1985 c.160 §2; 1997 c.249 §79; 1999 c.208 §2; 2003 c.467 §2; 2005 c.368 §2]

Notes of Decisions

In General

Zoning limita­tions that do not require land to be left in natural state do not constitute taking of conserva­tion ease­ment on prop­erty. Dodd v. Hood River County, 317 Or 172, 855 P2d 608 (1993)

Atty. Gen. Opinions

Under Former Similar Statute (Ors 271.720)

Willamette River Greenway law as a specific separate scheme, (1974) Vol 36, p 1060

Law Review Cita­tions

In General

34 EL 247 (2004)

Law Review Cita­tions

14 EL 557 (1984)

Atty. Gen. Opinions

Willamette River Greenway law as a specific separate scheme, (1974) Vol 36, p 1060


1 Legislative Counsel Committee, CHAPTER 271—Use and Disposition of Public Lands Generally; Easements, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors271.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 271, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano271.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.