Authority to seize abandoned structure or derelict structure
- • notice
(1) The Department of State Lands is authorized to seize a structure on, under or over state-owned submerged or submersible lands if:
(a) The department determines, after providing notice and opportunity for a hearing, that the structure is an abandoned structure or a derelict structure; and
(b) The owner of the structure has failed to correct the problems identified in the notice within 20 days or a longer reasonable time as specified in the notice provided under the rules adopted under ORS 274.385 (Rules) or within any additional time that may be granted by the department.
(2)(a) The notice required under subsection (1) of this section must:
(A) Identify, with specificity, the department’s proprietary interest in and jurisdiction over the state-owned submerged or submersible lands that the structure is on, under or over;
(B) Identify any person that the department has determined may have a potential interest in the structure or the land upon which the structure is located; and
(C) Be delivered by certified mail, return receipt requested, to any person with a potential interest in the structure or the land upon which the structure is located, as determined by the department after diligent investigation.
(b) As used in this subsection, “diligent investigation” includes but is not limited to a search of the county property records.
(3) The department may remove, salvage, store and dispose of structures seized under this section.
(4)(a) Nothing in this section affects the ability of the department to:
(A) Investigate and prosecute trespasses on and damage to state lands under ORS 273.185 (Director to investigate trespasses on state lands); or
(B) Immediately seize without notice a structure that presents a hazard to navigation or an imminent threat to public health or safety.
(b) If the department seizes a structure without notice under this subsection and the department wishes to salvage or dispose of the structure, the department shall provide notice as provided for in the rules adopted under ORS 274.385 (Rules). [2015 c.715 §2]
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