State Forests

ORS 530.040
Exchange of forestland or timber

  • reservations
  • hearing
  • approval of title
  • status of lands received


(1)

It is desirable that lands acquired under the provisions of ORS 530.010 (State Board of Forestry authorized to acquire lands) shall be consolidated in areas wherever possible through exchanges of land. It is recognized that the management of state forests will be more economically feasible through such consolidation.

(2)

In order to accomplish the objectives of subsection (1) of this section, the State Board of Forestry may exchange any land acquired under the provisions of ORS 530.010 (State Board of Forestry authorized to acquire lands), or may exchange the timber on such land, for land of approximately equal aggregate value, situated in the same county, when such exchange is in furtherance of the purposes of ORS 530.010 (State Board of Forestry authorized to acquire lands). However, the State Board of Forestry may exchange land or timber situated in one county or counties for land situated in another county or counties if such exchange is first approved by the county court or board of county commissioners of each county involved. Either party to any such exchange may make reservations of easements, rights of use and other interests and rights. Under the authority granted in this section, the State Board of Forestry may provide or receive, in addition to land to be exchanged, a monetary consideration where necessary to make the values comply with this subsection.

(3)

Before making any such exchange, the State Board of Forestry shall hold a hearing thereon at the courthouse of the county in which such lands are situated and shall give notice of the time and place thereof by publication in two successive issues of a newspaper of general circulation published in such county. The notice shall contain a description of the lands to be given and to be received in the proposed exchange. However, no such exchange shall be made until the title to the lands to be received has been approved by the Attorney General.

(4)

All lands received in exchange shall have the same status and be subject to the same provisions of law as the lands given in exchange therefor. [Amended by 1955 c.421 §2; 1959 c.103 §1; 1967 c.396 §2; 2007 c.71 §172]
§§ 530.010 to 530.170

Notes of Decisions

Where county transferred forest land that it could have kept and administered for its own benefit to state "in consideration of the payment to the county of the percentage of revenue derived from such lands," county is entitled to enforce that claim and state cannot avoid its obligation to county by conveying the property to third person. Tillamook Co. v. State Board of Forestry, 302 Or 404, 730 P2d 1214 (1986)

Chapter 530

Law Review Citations

42 EL 1275 (2012)


Source

Last accessed
Jun. 26, 2021