ORS 352.113
Real and personal property held by public universities
- legal title
- custody
- sale and transfer
(1)
Legal title to all real property acquired by a public university listed in ORS 352.002 (Public universities) must be taken and held in the name of the State of Oregon, acting by and through the governing board of the public university. Legal title to all real property conveyed to a public university is considered to be conveyed to and vested in the State of Oregon, acting by and through the governing board. Authorized conveyances of all real property, other than university lands, acquired by or vested in the State of Oregon for the use or benefit of the university must be executed in the name of the State of Oregon, acting by and through the governing board, by the chairperson of the governing board.(2)
The governing board has custody and control of and shall care for all real property used for university purposes. Management, maintenance, encumbrance, disposal and preservation of all real property used for university purposes, whether the real property is acquired before or after the establishment of a governing board, is the responsibility of the governing board. Unless the governing board has granted prior consent, real property taken and held under this section may only be encumbered by the State of Oregon in accordance with state law and in a manner that would not impair the financial condition of the university or the rights of the holders of any obligations of the university issued or incurred under any master indenture or other financing agreement.(3)
Legal title to all personal property acquired, constructed, remodeled, repaired, equipped or furnished with the proceeds of bonds issued pursuant to Article XI-Q of the Oregon Constitution for the benefit of a public university listed in ORS 352.002 (Public universities) must be taken and held in the name of the State of Oregon, acting by and through the governing board. The governing board has custody and control of the personal property and shall care for the personal property owned by the State of Oregon. When the Article XI-Q bonds are no longer outstanding, legal title to the personal property automatically by operation of law transfers to and vests in the public university for whose benefit the Article XI-Q bonds were issued.(4)
Unless the State Treasurer has granted prior consent, real or personal property held in the name of the State of Oregon, or in which the State of Oregon has an ownership or other legal interest, that was acquired, constructed, improved with or otherwise directly benefited by the proceeds of outstanding state bonds, may not be:(a)
Used by a governing board in a manner that would give rise to private business use; or(b)
Sold, transferred, encumbered, leased or otherwise disposed of by a governing board. The reference to leases in this paragraph does not apply to residential leases that a governing board enters into with students, faculty or employees of the university. [2013 c.768 §12; 2014 c.121 §16; 2017 c.440 §19]
Source:
Section 352.113 — Real and personal property held by public universities; legal title; custody; sale and transfer, https://www.oregonlegislature.gov/bills_laws/ors/ors352.html.
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