OAR 125-045-0211
Exempt Agencies and Transactions
(1)
Exempt Acquiring Agencies do not have to report certain Acquisitions to the Department. The Exempt Acquiring Agencies are:(a) The Department of Transportation, if acquiring highway right of way;
(b) The Oregon Parks and Recreation Department, if acquiring park properties;
(c) Public universities listed in ORS 352.002 (Public universities), if acquiring properties within approved projected campus boundaries;
(d) Any Legislative or judicial branch of the State;
(e) The Oregon Health Authority (OHA) or Department of Human Services (DHS) if acquiring residential real property under the Estate Recovery Program Authorized by ORS 410.075 (Authority of department and Oregon Health Authority to hold title to property), 411.620 (Recovery of public assistance or medical assistance obtained or disposed of unlawfully) and 416.340 (Collection of claim against estate of deceased) including mineral and geothermal rights according to ORS 273.785 (Application of ORS 273.551 and 273.775 to 273.790).
(f) The Oregon Housing and Community Services Department for residential real property acquired under ORS 456.515 (Definitions for ORS 456.515 to 456.725 and ORS chapter 458) to 456.725 (Discrimination against purchaser with children prohibited), and 458.480 (Definitions) to 458.490 (Local Innovation and Fast Track Housing Program Fund); and
(g) The Department of Veterans’ Affairs for a home or farm acquired 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).
(2) Exempt Disposing Agencies are not required to obtain Department approval for certain Terminal Dispositions unless the selling price is below the Appraised Fair Market Value. The Exempt Disposing Agencies are:
(a) The Department of Fish and Wildlife;
(b) The Department of Forestry, if disposing of State forestland;
(c) The Department of State Lands;
(d) The Department of Transportation, if disposing of highway right of way;
(e) Public universities listed in ORS 352.002 (Public universities);
(f) The Oregon Parks and Recreation Department;
(g) Any legislative or judicial branch of the State;
(h) The Oregon Health Authority (OHA) or the Department of Human Services (DHS) if disposing of residential real property under the Estate Recovery Program authorized by ORS 410.075 (Authority of department and Oregon Health Authority to hold title to property), 411.620 (Recovery of public assistance or medical assistance obtained or disposed of unlawfully) and 416.340 (Collection of claim against estate of deceased) including mineral and geothermal rights according to ORS 273.785 (Application of ORS 273.551 and 273.775 to 273.790);
(i) The Oregon Housing and Community Services Department if disposing of residential real property acquired under ORS 456.515 (Definitions for ORS 456.515 to 456.725 and ORS chapter 458) to 456.725 (Discrimination against purchaser with children prohibited), and 458.480 (Definitions) to 458.490 (Local Innovation and Fast Track Housing Program Fund); and
(j) The Department of Veterans’ Affairs if disposing of a home or farm acquired 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).
(3) These exemptions do not apply to real property transaction reporting to the Department of State Lands, as set forth in ORS 273.099 (Property transaction instruments to be maintained with department). All deeds and conveyances belonging to the State of Oregon must be documented in the Department of State Lands by providing an electronic copy of the instrument that conveys the real property transaction with the Department of State Lands upon the sale, Acquisition or exchange of any State Real Property Interest.
Source:
Rule 125-045-0211 — Exempt Agencies and Transactions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=125-045-0211.