ORS 270.140
Action if no satisfactory proposal received
- rules
(1)
If the provisions of ORS 270.100 (Notice to department before sale of real property), 270.110 (Disposition of property not needed for public use) and 270.130 (Publication of notice of sale) have been complied with as to property administered by it and no satisfactory proposal has been received, a state agency acting for the state in the sale of real property or an equitable interest in real property that the state owns may, beginning at any time no later than 18 months after completing the process of giving notice under ORS 270.130 (Publication of notice of sale), offer for sale the real property or equitable interest in any manner that the state agency considers appropriate, including such commercially reasonable means as through a real estate licensee as set forth in ORS 696.007 (Statement of legislative purpose).(2)
If efforts by a state agency to sell real property or an equitable interest pursuant to subsection (1) of this section have been discontinued for a period of 12 months or more, the state agency may not resume offering the real property or equitable interest for sale pursuant to subsection (1) of this section without first complying with the provisions of ORS 270.100 (Notice to department before sale of real property), 270.110 (Disposition of property not needed for public use) and 270.130 (Publication of notice of sale).(3)
The Oregon Department of Administrative Services may adopt rules necessary to carry out the provisions of this section. [1991 c.816 §9; 2017 c.205 §1](a)
Transfers all adults in custody from the facility to another Department of Corrections institution or facility; and(b)
Provides the county with a written notice of closure applicable to the facility.(2)
The department shall offer to convey the state’s interest “AS IS, WHERE IS” and without any representation or warranty of any kind or nature by the department and without cost to the county except as provided in subsection (4) of this section.(3)
If the county does not accept the offer within 30 days, the department may withdraw the offer.(4)
If the county accepts the offer, the department shall convey the interest pursuant to a statutory bargain and sale deed under ORS 93.860 (Bargain and sale deed form) and the Department of State Lands shall release and transfer to the county all of the state’s interest in the mineral or geothermal resources notwithstanding ORS 273.775 (Definitions for ORS 273.775 to 273.790) to 273.790 (Registry of rights under state board). The Department of Corrections’ conveyance must include all fixtures installed in the facility, except for fixtures that the department determines are appropriate for transfer to another department institution or facility. The county shall bear its transaction and closing costs related to the conveyance, including any applicable recording fees, escrow fees and title insurance.(5)
As a condition of the conveyance described in this section and for the duration of the period during which any state-issued bonds related to the real property or improvements remain outstanding, Lake County must agree to provide written notice to the Director of the Oregon Department of Administrative Services at least 30 days before any subsequent sale, transfer, lease or nongovernmental use of the real property or improvements.(6)
Notwithstanding ORS 215.431 (Plan amendments), if Lake County receives title to an institution under this section, the county, with respect to the land on which the institution is sited, may amend its comprehensive plan or enact or amend any land use regulation without respect to statewide planning goals to allow the use of the land for any other purpose, provided that:(a)
The enactment or amendment is passed by an ordinance of the governing body of the county after a public hearing;(b)
The county has not converted the institution to a regional correctional facility;(c)
The ordinance is passed within one year of the transfer; and(d)
A copy of the ordinance is delivered to the Land Conservation and Development Commission within 14 days of passage.(7)
Notwithstanding ORS 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development) to 197.625 (Acknowledgment of comprehensive plan or land use regulation changes), upon receipt of a copy of an ordinance passed under subsection (6) of this section, the commission shall consider the ordinance to be acknowledged, as that term is used in ORS chapter 197. [2021 c.642 §1]
Source:
Section 270.140 — Action if no satisfactory proposal received; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors270.html.
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