(1)Except as provided in OAR 141-122-0060 (Compensation)(3), the Department will, prior to granting an easement, require an applicant to submit to the Department a compensatory payment for each individual crossing or use of state-owned land in the greatest of:
(a) 100 percent of the market value of the area requested for the easement if it is on, over or above state-owned upland for uses as defined in OAR 141-122-0010 (Purpose and Applicability)(2) and (3). Market value is either:
(A) Real market value as determined by the county tax assessor for DSL parcel impacted and the benefitting tax lot(s); or
(B) An appraised value that is acceptable to the Department and that has been prepared by a qualified state-certified appraiser.
(b) Minimum compensation fee as follows:
(A) Utilities: $3,500.00
(B) Roadways: $2,500.00
(C) Miscellaneous Development: $1,000.00
(2) If required by the Department, applicants must also submit to the Department a payment in an amount to be determined by the Department for the market value of any commercially valuable timber, sand and gravel, or other natural resources in the easement area which must be removed during or after placement of the proposed use, or which cannot be developed because of the easement use. Such payment shall be due at a date to be determined by the Department.
(3) The Department may, in lieu of a cash compensatory payment, negotiate a non-cash compensatory payment equivalent to or greater than the compensation required under OAR 141-122-0060 (Compensation)(1).
Rule 141-122-0060 — Compensation,