ORS 271.725
Acquisition and creation of conservation or highway scenic preservation easement

(1)

The state, any county, metropolitan service district, soil and water conservation district, city or park and recreation district or a county service district established under ORS 451.410 (Definitions for ORS 451.410 to 451.610) to 451.610 (Advisory committee for emergency communications system) to construct, maintain and operate service facilities in Washington or Clackamas Counties for the purposes specified in ORS 451.010 (Authorization to establish master plans and service districts) (1)(a) and (b) and in Washington County for the purpose specified in ORS 451.010 (Authorization to establish master plans and service districts) (5) may acquire by purchase, agreement or donation, but not by exercise of the power of eminent domain, unless specifically authorized by law, conservation easements in any area within their respective jurisdictions wherever and to the extent that a state agency or the governing body of the county, metropolitan service district, soil and water conservation district, city, park and recreation district or county service district established under ORS 451.410 (Definitions for ORS 451.410 to 451.610) to 451.610 (Advisory committee for emergency communications system) to construct, maintain and operate service facilities in Washington or Clackamas Counties for the purposes specified in ORS 451.010 (Authorization to establish master plans and service districts) (1)(a) and (b) and in Washington County for the purpose specified in ORS 451.010 (Authorization to establish master plans and service districts) (5) determines that the acquisition will be in the public interest.

(2)

Except as otherwise provided in ORS 271.715 (Definitions for ORS 271.715 to 271.795) to 271.795 (Construction of Act), a conservation easement or highway scenic preservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.

(3)

The state, any county, metropolitan service district, soil and water conservation district, city or park and recreation district or a county service district established under ORS 451.410 (Definitions for ORS 451.410 to 451.610) to 451.610 (Advisory committee for emergency communications system) to construct, maintain and operate service facilities in Washington or Clackamas Counties for the purposes specified in ORS 451.010 (Authorization to establish master plans and service districts) (1)(a) and (b) and in Washington County for the purpose specified in ORS 451.010 (Authorization to establish master plans and service districts) (5) may acquire by purchase, agreement or donation, but not by exercise of the power of eminent domain unless specifically authorized by law, highway scenic preservation easements in land within 100 yards of state, county or city highway rights of way. These easements may be acquired only in lands that possess significant scenic value in themselves and contribute to the overall scenic beauty of the highway.

(4)

No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement or highway scenic preservation easement before its acceptance by the holder and recordation of the acceptance.

(5)

Except as provided in ORS 271.755 (Action affecting conservation or highway scenic preservation easement) (2) a conservation easement or highway scenic preservation easement is unlimited in duration unless the instrument creating it otherwise provides.

(6)

An interest in real property in existence at the time a conservation easement or highway scenic preservation easement is created is not impaired by it unless the owner of the interest is a party to or consents to the conservation easement or highway scenic preservation easement. [1983 c.642 §2; 1985 c.160 §2; 1997 c.249 §79; 1999 c.208 §2; 2003 c.467 §2; 2005 c.368 §2]

Source: Section 271.725 — Acquisition and creation of conservation or highway scenic preservation easement, https://www.­oregonlegislature.­gov/bills_laws/ors/ors271.­html.

Notes of Decisions

In general

Zoning limitations that do not require land to be left in natural state do not constitute taking of conservation easement on property. Dodd v. Hood River County, 317 Or 172, 855 P2d 608 (1993)

Attorney General Opinions

Under former similar statute (ORS 271.720)

Willamette River Greenway law as a specific separate scheme, (1974) Vol 36, p 1060

Law Review Citations

In general

34 EL 247 (2004)

271.005
Definitions for ORS 271.005 to 271.540 271.080
Vacation in incorporated cities 271.090
Filing of petition 271.100
Action by city governing body 271.110
Notice of hearing 271.120
Hearing 271.130
Vacation on city governing body’s own motion 271.140
Title to vacated areas 271.150
Vacation records to be filed 271.160
Vacations for purposes of rededication 271.170
Nature and operation of statutes 271.180
Vacations in municipalities included in port districts 271.190
Consent of owners of adjoining property 271.200
Petition 271.210
Hearing 271.220
Filing of objections 271.230
Records of vacations 271.300
Application and administration of ORS 271.300 to 271.360 271.310
Transfer or lease of real property owned or controlled by political subdivision 271.320
Exchange of trust fund assets 271.330
Relinquishing title of property not needed for public use 271.335
Relinquishing reversionary interest held by political subdivision 271.340
Property valuation in exchange to be equal 271.350
Determining valuation of property in exchanges 271.360
Lease requirements 271.375
Public grazing lands 271.380
Indemnifying political subdivision for loss or damage resulting from occupancy of its property 271.390
Lease or purchase of real estate by public body or council of governments 271.400
Conveyances by political subdivision to state 271.405
Transfer of property by city or town to county for public institutions and works 271.410
Use of municipal property for rodeos, games, racing and exhibitions 271.420
City bonds as payment for land sold by city 271.430
Lease of space above or below street or highway 271.440
Agreements for location of transmission lines on property of political subdivision 271.445
Installation of fiber-optic lines on public land and in public right of way 271.510
Definition of “industrial facility” for ORS 271.510 to 271.540 271.520
Declaration of legislative purpose 271.530
Powers of counties and cities to acquire and dispose of industrial facilities 271.540
County or city operation of industrial facility 271.600
Use of term “squaw” 271.715
Definitions for ORS 271.715 to 271.795 271.725
Acquisition and creation of conservation or highway scenic preservation easement 271.729
Report on effect of conservation or highway scenic preservation easement on property value 271.735
Hearing 271.745
Validity of conservation or highway scenic preservation easement 271.755
Action affecting conservation or highway scenic preservation easement 271.765
Applicability 271.775
Rules governing conservation and highway scenic preservation easements 271.785
Taxation of property subject to highway scenic preservation easement 271.795
Construction of Act
Green check means up to date. Up to date

Current through early 2024

§ 271.725’s source at oregon​.gov