2017 ORS 530.059¹
Procedure for sales of forest products
  • surety deposit required of bidder

(1) Before offering any forest products for sale under authority of ORS 530.050 (Management of lands acquired) or 530.500 (Authority of State Forester in management, protection, utilization and conservation of lands and waters), the State Forester shall cause the forest products to be appraised. Should the appraised value of the forest products be in excess of $25,000, the State Forester shall not sell the same to a private person, firm or corporation, except after giving notice of the sale as required by this section, and affording an opportunity for competitive bidding either by public auction or through sealed bids, or a combination of both; provided, however, that such notice and opportunity for competitive bidding will not be required for sales in connection with:

(a) Experimental or research projects in the field of forestland management or forest product utilization.

(b) The removal, injury or destruction of forest products necessitated by any grant of easement or right of way, or necessitated by a permit or license to use a right of way, including trees which may endanger the use of such easement or way.

(c) The removal of forest products with an appraised value of less than $100,000 that, as a result of an act of nature or other unforeseen circumstance:

(A) Pose a threat to the health of the forests, waterways or forest road infrastructures; or

(B) Will lose value as a result of potential theft.

(d) The removal of forest products with an appraised value of less than $100,000 to facilitate the development, placement or maintenance of forest road infrastructures.

(2) The State Forester shall give the notice required by subsection (1) of this section by mail to all persons requesting such notice and in such other media of communication as the State Forester may deem advisable. The State Forester shall maintain a mailing list with the names and addresses of persons who have requested to receive State Forestry Department notices of timber sales. The notice shall describe the forest products to be sold and the land on which such products are situated, state the minimum price at which the same may be sold, and contain a brief statement of the terms of the sale. As a provision of each sale, the State Forester shall reserve the right to accept or reject any or all bids.

(3) Prior to or at the time the State Forester receives bids, each bidder shall furnish the State Forester with a certified check, cashier’s check, money order, surety bond, cash deposit, assignment of surety, irrevocable letters of credit or other securities as determined acceptable by the State Forester in an amount designated by the State Forester. The amount designated by the State Forester may not exceed 10 percent of the minimum price of the forest products to be sold or $500,000, whichever is less. The State Forester shall retain the amounts furnished by the successful bidder as a credit toward payment of the purchase price of the forest products sold. The State Forester shall return the amounts furnished by an unsuccessful bidder after determination of the successful bid. Any checks, bonds or orders furnished under this subsection shall be made payable to the State of Oregon.

(4) If the provisions of this section have been complied with, and no satisfactory bid has been received, or the bidder fails to complete the purchase, the State Forester may, at any time, during a period of six months after the advertised date of sale, sell the forest products in such manner as the forester deems appropriate, but the sale price shall not be less than the minimum terms offered in the notice of sale or the highest bid received, whichever is the larger amount. [1959 c.141 §4; 1963 c.475 §2; 1967 c.396 §4; 1975 c.185 §7; 1983 c.759 §10; 1987 c.324 §1; 1995 c.375 §3; 1997 c.285 §1; 2014 c.47 §3]

Notes of Decisions

Where county transferred forest land that it could have kept and administered for its own benefit to state “in considera­tion of the pay­ment to the county of the percentage of revenue derived from such lands,” county is entitled to enforce that claim and state cannot avoid its obliga­tion to county by conveying the prop­erty to third per­son. Tillamook Co. v. State Board of Forestry, 302 Or 404, 730 P2d 1214 (1986)

Chapter 530

Law Review Cita­tions

42 EL 1275 (2012)

1 Legislative Counsel Committee, CHAPTER 530—State Forests; Community Forests, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors530.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 530, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano530.­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.