OAR 141-067-0220
General Procedures for Land Sales (Except OAR 141-067-0215)
(1)
These general procedures apply to the processing of all land sale applications, except sales of formerly submerged and submersible land (under 141-067-0300 (Procedures for Resolving Claims to Formerly Submerged or Submersible Land (does not apply to lands described in OAR 141-067-0215))), and release of mineral and geothermal resource rights to owners of residential real property (under 141-067-0320 (Procedures for the Sale, Exchange or Release and Transfer of Mineral and Geothermal Resources)). The Department may offer land for sale at any time without having first received an application from an individual or person. (Refer to 141-067-0230 (Sale Procedures for Rangelands/Common School Grazing Lands) for additional requirements for the sale of rangelands.)(2)
Any person who is eligible to do so as described in OAR 141-067-0160 (Eligibility to Apply to Purchase or Exchange Land), may submit an application to purchase state land.(3)
Upon receipt of the application, the Department will conduct an initial review of the land sale application, including but not limited to:(a)
A determination whether or not the land described in the land sale application is a legal lot of record as described in ORS Chapter 92 (Subdivisions and Partitions);(b)
A determination, of the Department ’s rights and interests in the land or interests in land described in the land sale application, based, if necessary, on a preliminary title report by the Department or its agent;(c)
A Land Disposal Evaluation of the lands described in the land sale application;(d)
The results of the DAS notice process, if applicable, as described in OAR 141-067-0190 (Compliance with the Department of Administrative Service (DAS) Rules for the Disposition and Acquisition of Real Property);(e)
The applicable elements of the public interest review process as described in OAR 141-067-0180 (Public Interest Review Process; Public Meetings and Hearings) of these rules; and(f)
A determination of whether the proposal is consistent with the policies set forth in OAR 141-067-0155 (Policies).(4)
The Department will notify the lessee, if applicable (by registered or certified mail) and the applicant of receipt of the land sale application. Within a reasonable time after receipt of the sale application and following completion of the initial review, the Director will determine the action to be taken including, but not limited to:(a)
Rejecting the application. A rejected application shall be returned to the applicant with the reasons for its rejection clearly stated. The lessee, if any, will also be notified. An additional non-refundable application fee will not be required for an application that is resubmitted within 120 calendar days of its rejection;(b)
Accepting the application for further processing; or(c)
Requesting more information.(5)
The Department may group together similar land sale applications for more efficient processing and to attract more buyer interest. The willingness of applicants or other interested parties to pay for or share in the cost of appraisals, surveys, advertising or other expenses may be a factor in the Department’s prioritization of land sales applications for processing.(6)
If following the initial review of the land sale application is accepted for further processing, the Director will within a reasonable time:(a)
Classify as “available for sale” the land under consideration; or(b)
Not classify the lands under consideration as “available for sale.” If the decision is to not classify the land as “available for sale” the Department will terminate further processing of the land sale application. As soon as possible after the Director’s determination, the Department will notify the applicant and, if applicable, the lessee (by registered or certified mail) of the Director’s decision.(7)
If the lands are classified as “available for sale”:(a)
The Director will determine the method of sale for the land as described in OAR 141-067-0270 (Methods for Conducting Land Sales) and request the State Land Board’s approval of the land sale;(b)
The Department, its agent, or the applicant will, take such action as is necessary to obtain a legal lot of record determination as described in ORS 92 before the final closing of the sale;(c)
The Department will exercise the its authorities under any applicable lease contract provisions allowing for the land to be sold without the encumbrance of the lease;(d)
The Department, its agent, or the applicant, will obtain a land appraisal in accordance with the provisions of OAR 141-067-0310 (General Requirements for Appraisals); and(e)
The Department will determine the Department Estimate of Value as the minimum bid, reserve price or final purchase price, as applicable, depending on the approved method of sale.(8)
The Department will conduct the sale in accordance with the method of sale established by the Director and approved by the State Land Board.(9)
The Department, its agent or the applicant will give public notice of the proposed land sale by publication in a local newspaper of general circulation within the county where the proposed land sale is located and on the Department’s website. The newspaper notice will be published for at least one day per week for at least three consecutive weeks prior to the sale. The Department will notify all landowners and lessees of land adjacent to the land being offered for sale of the sales procedure and all pertinent information concerning the proposed land sale.(10)
The Department may, at any time prior to the closing, withdraw from the sale process any or all of the lands subject to the land sale. If lands are withdrawn from sale under these rules, any monetary deposit on the land withdrawn will be refunded to the owner.
Source:
Rule 141-067-0220 — General Procedures for Land Sales (Except OAR 141-067-0215), https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-067-0220.