State Forests

ORS 530.065
Modifying timber sale contracts


(1)

During the period of a timber sale contract made under ORS 530.059 (Procedure for sales of forest products), either party may propose to change or modify the terms of the contract if unforeseen circumstances develop. As used in this subsection, “unforeseen circumstances” means acts of nature or other unforeseen circumstances or conditions that:

(a)

Affect the nature or scope of the work to be performed or volume to be harvested under the terms of the sale contract made by the State Forester; or

(b)

Require additional work or harvest in an area adjacent to a timber sale made by the State Forester.

(2)

The State Forester is hereby authorized to change or modify the terms or conditions of the contract in the event of unforeseen circumstances requiring such change or modification under subsection (1) of this section only when:

(a)

Such change or modification is in the best interest of the State of Oregon; and

(b)

The purchaser of the timber sale agrees that the proposed change or modification will maintain an equitable contractual relationship between the parties. [1965 c.128 §2; 1983 c.759 §11; 1997 c.285 §2]
§§ 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