2017 ORS 275.298¹
Sale of minerals or mineral rights
  • preferential right of holder of interest less than fee

(1) In any sale hereafter made under ORS 275.110 (Order to sell certain county lands) to 275.250 (Notice to county assessor of sale or resale) of minerals or mineral rights heretofore reserved to a county where such minerals or mineral rights were acquired by a county by foreclosure of delinquent tax liens, the holder of an interest less than the fee in the same lands where the mineral rights are located shall have the right to purchase such minerals or mineral rights interest by depositing with the sheriff within 60 days from date of sale not less than the high amount bid for the minerals or mineral rights by a third person. If no sale was made at the offering, then such person shall have the right to purchase at whatever price the governing body of the county deems reasonable.

(2) Unless the purchaser at any sale is the owner of some interest less than the fee, the execution of a deed shall be postponed for 60 days from the date of sale in order to give the party granted preferential right under subsection (1) of this section, or the assignee of the party, the right to exercise the preference in the manner set forth in subsection (1) of this section.

(3) The provisions of this section shall not be applicable to the sale of mineral rights on or under any land suitable for the commercial production or development of timber. [1955 c.370 §§1,2,3; 2005 c.243 §22]

Notes of Decisions

This sec­tion is not unconstitu­tional on equal protec­tion grounds. Bryant v. Seagraves, 270 Or 16, 526 P2d 1027 (1974)

1 Legislative Counsel Committee, CHAPTER 275—County Lands, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors275.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 275, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano275.­html (2017) (last ac­cessed Mar. 30, 2018).
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.