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Oregon Bulletin

May 1, 2011

Parks and Recreation Department
Chapter 736

  • Rule Caption: Implements new federal ADA regulations in Oregon State Parks general park rules.
  • Adm. Order No.: PRD 2-2011(Temp)
  • Filed with Sec. of State: 3-24-2011
  • Certified to be Effective: 3-24-11 thru 9-15-11
  • Notice Publication Date:
  • Rules Amended: 736-010-0015, 736-010-0025, 736-010-0026, 736-010-0030
  • Subject: New federal regulations implementing the Americans with Disabilities Act of 1990 (42 U.S.C. 12181) (ADA) expand the types of mobility devices that may be used for access. This broadening of the range of devices that may now be used requires changes to OAR 736, division 10, to allow such devices for the purposes of ADA access. The new ADA regulations also define “Service Animal” which is being incorporated into division 10 rules, and require that miniature horses be allowed in specific facilities subject to certain considerations. These temporary rules will be replaced by permanent division 10 rules through the normal process later this year.
  • Rules Coordinator: Vanessa DeMoe—(503) 986-0719
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  • 736-010-0015
  • Definitions
  • As used in this division, unless the context requires otherwise:
  • (1) “District Manager” means the immediate supervisor of park managers within a specified geographic region of the state.
  • (2) “Commission” means the Oregon State Parks and Recreation Commission.
  • (3) “Department” means the Oregon State Parks and Recreation Department.
  • (4) “Director” means the department director.
  • (5) “Enforcement Officer” means a peace officer or park employee specifically designated by the director under ORS 390.050 to investigate observed or reported violations and to issue oral or written warnings or citations to enforce park area rules.
  • (6) “Park Area” means any state park, wayside, corridor, monument, historic, trail, or recreation area, including the ocean shore adjacent to any park area boundary, under the jurisdiction of the department.
  • (7) “Park Employee” means an employee of the department.
  • (8) “Park Manager” means the supervisor or designated employee in charge of a park area.
  • (9) “Park Resources” means any natural, cultural, or human-made structure or feature of a park area.
  • (10) “Peace Officer” means a sheriff, constable, marshal, municipal police officer, member of the Oregon State Police, and other persons as may be designated by law.
  • (11) “Person” includes individuals, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality, or a non-profit entity.
  • (12) “Service Animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler’s disability. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.
  • (13) “Violate” includes failure to comply.
  • (14) “Wheelchair” means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor and outdoor locomotion.
  • Stat. Auth.: ORS 390.124
  • Stats. Implemented: ORS 390.050, 390.111 & 390.124
  • Hist.: 1 OTC 17, f. 12-20-73; 1 OTC 23, f. 2-19-74; 1 OTC 56 (Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75, ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR 5-1983, f. & ef. 3-30-83; PR 1-1990, f. & cert. ef. 5-14-90; PR 13-1993, f. 7-12-93, cert. ef. 8-2-93; PRD 4-2005, f. & cert. ef. 5-5-05; PRD 8-2007, f. & cert. ef. 8-28-07; PRD 2-2011(Temp), f. & cert. ef. 3-24-11 thru 9-15-11
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  • 736-010-0025
  • Motor Vehicles
  • (1) All park area roadways are considered public roadways and all provisions of motor vehicle laws of the State of Oregon are applicable and enforceable. Motorists must comply with motor vehicle regulatory signs posted in park areas.
  • (2) Motor vehicles shall be operated only on roads and in parking areas constructed or designated for motor vehicle use.
  • (3) Where not otherwise posted, motor vehicles may not be operated within a park area at speeds in excess of 25 miles per hour.
  • (4) Automobiles, trailers, or other vehicles shall be parked only in designated parking areas.
  • (5) The department may have a vehicle towed at the owner’s expense if a vehicle is parked in a fire lane, roadway, campsite, entry way, driveway or other location in a manner that impedes park operations, safety, or both.
  • (6) Abandoned vehicles exceeding 72 hours or vehicles owned by a person who has been excluded or who is in violation of criminal trespass may be towed at the owner’s expense.
  • (7) All motor vehicles and trailers parking overnight in day use areas must obtain a permit. Motor vehicles and trailers without a permit are subject to towing at the owner’s expense.
  • (8) Unlicensed motorized vehicles, except park area service vehicles, may not be operated in park areas unless otherwise posted, with the exception of the operation of motor assisted scooters by disabled persons on bicycle lanes or paths.
  • (9) A person may operate an Off-Highway Vehicle (OHV) only in designated off-highway riding areas or on park roadways which are signed for OHV use.
  • (10) A person may operate an OHV in park areas only during those seasons and hours of operation which are established by the park manager.
  • (11) A person shall operate an OHV below the maximum permissible decibel level.
  • (12) A person may not operate a motor assisted scooter in a park area, including on a bicycle lane or bicycle path.
  • (13) The park manager or his or her designee will allow the use of other power-driven mobility devices by individuals with mobility disabilities, in areas open to the public unless it is determined that the device cannot be operated in accordance with legitimate safety concerns for the operator, park visitors and park facilities. In determining if the device can be operated in a safe manner the manager or designee will consider the following criteria:
  • (a) The type, size, weight, dimensions, and speed of the device;
  • (b) The facility’s volume of pedestrian traffic (which may vary at different times of the day, week, month, or year);
  • (c) The facility’s design and operational characteristics (e.g., whether its service, program, or activity is conducted indoors, its square footage, the density and placement of stationary devices, and the availability of storage for the device, if requested by the user);
  • (d) Whether legitimate safety requirements can be established to permit the safe operation of the other power-driven mobility device in the specific facility or area; and
  • (e) Whether the use of the other power-driven mobility device creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or poses a conflict with applicable state laws and regulations.
  • Stat. Auth.: ORS 390.124
  • Stats. Implemented: ORS 390.111, 390.330, 819.110, 819.120, 811 et seq., 814.500, 814.516, 814.550 & 814.554
  • Hist.: 1 OTC 17, 12-20-73; 1 OTC 23, f. 2-19-74; 1 OTC 56(Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75, ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR 5-1983, f. & ef. 3-30-83; PR 1-1990, f. & cert. ef. 5-14-90; PR 13-1993, f. 7-12-93, cert. ef. 8-2-93; PR 1-1994, f. & cert. ef. 2-9-94; PRD 4-2005, f. & cert. ef. 5-5-05; PRD 8-2007, f. & cert. ef. 8-28-07; PRD 2-2011(Temp), f. & cert. ef. 3-24-11 thru 9-15-11
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  • 736-010-0026
  • Non-Motorized Vehicles, Cycles or Similar Devices
  • (1) A person operating a bicycle, skateboard, scooter, roller- or inline skate, or other wheeled, operator-propelled equipment that transports the operator on land must comply with the following:
  • (a) Motor vehicle and bicycle regulatory signs posted in park areas,
  • (b) Persons under 16 years of age are required to wear protective headgear,
  • (A) In the event that a person under 11 years of age violates this subsection, the notice of violation shall be issued to the person’s parent, legal guardian or person with legal responsibility.
  • (B) In the event that a person between 11 and 16 years of age violates this subsection, the notice of violation may be issued to the violator or that person’s parent, legal guardian or person with legal responsibility.
  • (c) Restrict speed and manner of operation to a reasonable and prudent practice relative to terrain, prevailing conditions, equipment, personal capabilities, personal safety and the safety of all other park users. This includes:
  • (A) Yielding the right-of-way to pedestrians and animals;
  • (B) Dismounting and walking in congested areas and posted walk zones;
  • (C) Slowing down and making presence well know in advance and using caution when overtaking other persons or animals;
  • (D) Displaying adequate lighting during the hours of darkness, in compliance with ORS Chapters 814 to 816;
  • (E) Using caution when approaching turns or areas of limited sight distance;
  • (F) Not disturbing or harassing wildlife as provided in OAR 736-010-0055; and
  • (G) Operating in compliance with any additional requirements identified in ORS 814.488 when on public roads accessible by motor vehicles.
  • (2) A person may operate non-motorized cycles or similar devices on roads and trails in any park area, except where posted to specifically prohibit or conditionally restrict such activity.
  • (3) The director or designee may open or close roads and trails to the operation of non-motorized cycles or similar devices, based on an evaluation of factors related to the use of these devices including, but not limited to, the degree of conflict with other users, public safety, or damage to park resources.
  • (4) A person may not operate non-motorized cycles, scooters, or similar devices in any park area listed below, except where authorized by the director and posted specifically or conditionally to allow such activities:
  • (a) Off roads or trails;
  • (b) Within designated natural areas, natural forest areas, or natural area preserves except on roads open for motor vehicles; and
  • (c) On docks, piers, floats and connecting ramps.
  • (5) Individuals with mobility disabilities can use wheelchairs and manually-powered mobility aids, designed for use by individuals with mobility disabilities, to access any areas open to pedestrian use.
  • Stat. Auth.: ORS 390.124
  • Stats. Implemented: ORS 390.111, 814.400 - 814.489 & 814.600
  • Hist.: PR 4-1991, f. 4-30-91, cert. ef. 5-13-91; PRD 4-2005, f. & cert. ef. 5-5-05; PRD 2-2011(Temp), f. & cert. ef. 3-24-11 thru 9-15-11
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  • 736-010-0030
  • Domestic Animals
  • (1) Domestic animals means those animals whose food and shelter are provided by a human custodian. Handler means any person who either brings a domestic animal into a park area or keeps a domestic animal in a park area.
  • (2) A handler shall either confine the domestic animal or keep it on a leash not more than six feet long. The animal shall be under physical control at all times.
  • (3) A handler is responsible for the animal’s behavior and containment and for the removal of the animal’s waste while in the park area.
  • (4) With the exception of service animals and miniature horses as described in section (9) below, domestic animals are prohibited in the following locations:
  • (a) Park area buildings and structures;
  • (b) Bodies of water, except hunting dogs are allowed in those areas described in OAR 736-010-0055;
  • (c) Beaches adjacent to designated for swimming areas; and
  • (d) Other areas where posted.
  • (5) The park manager or an enforcement officer may take any measure deemed necessary (including the removal of the animal from the park area) to protect park resources or to prevent interference by the animal with the safety, comfort, or well being of any person in the park area.
  • (6) Park employees may seize any domestic animal running at large in a park area and release to an animal pound or animal control officer.
  • (7) The park manager may designate a portion of a park area as open to dogs off leash for the purposes of training dogs, open field trials, or exercising dogs, when the handler is in control of the dog.
  • (8) With the exception of miniature horses as described in section (9) below, a person may not ride, drive, lead, or keep a horse or other large animal in any park area, except on such roads, trails, or areas designated for that purpose. A handler may not hitch or confine a horse or other large animal in a manner that may cause damage to any tree, shrub, improvement or structure.
  • (9) The park manager or his or her designee will allow the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability and if, in the park manager or designee’s assessment, the miniature horse can reasonably be allowed in a specific facility based on consideration of the following:
  • (a) The type, size and weight of the miniature horse and whether the facility can accommodate these features;
  • (b) Whether the handler has sufficient control of the miniature horse;
  • (c) Whether the miniature horse is housebroken; and
  • (d) Whether the miniature horse’s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.
  • Stat. Auth ORS 390.124
  • Stats. Implemented: ORS 390.111
  • Hist.: 1 OTC 17, f. 12-20-73; 1 OTC 23, f. 2-19-74; 1 OTC 56 (Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75, ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 82, f. 5-11-77, ef. 5-14-77; 1 OTC 5-1979, f. & ef. 2-9-79; 1 OTC 22-1979 (Temp), f. & ef. 9-24-79; 1 OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR 1-1990, f. & cert. ef. 5-14-90; PR 13-1993, f. 7-12-93, cert. ef. 8-2-93; Renumbered from 736-015-0050, PRD 4-2005, f. & cert. ef. 5-5-05; PRD 8-2007, f. & cert. ef. 8-28-07; PRD 2-2011(Temp), f. & cert. ef. 3-24-11 thru 9-15-11
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  • Rule Caption: Amend Division 19 Land Acquisition and Exchange rules to address changes in OPRD’s acquisition strategy.
  • Adm. Order No.: PRD 3-2011
  • Filed with Sec. of State: 3-30-2011
  • Certified to be Effective: 3-30-11
  • Notice Publication Date: 11-1-2010
  • Rules Adopted: 736-019-0070
  • Rules Amended: 736-019-0000, 736-019-0020, 736-019-0040, 736-019-0060, 736-019-0080, 736-019-0100, 736-019-0120
  • Subject: Amend the OAR 736-019 to reflect changes in OPRD’s land acquisition strategy and process. Changes include defining “overwhelming public benefit,” adding criteria for exchange of land either initiated by OPRD or by Other Parties, adding requirement for notification to Department of Administrative Services of land transfers from OPRD to Other Parties, establishing an internal environmental review, appraisal standards, and direction on the Department working collaboratively with stakeholders on land acquisitions.
  • Rules Coordinator: Vanessa DeMoe—(503) 986-0719
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  • 736-019-0000
  • Scope and Purpose
  • This division implements the statutory mandate in ORS 390.112 to describe criteria for the acquisition and development of new historic sites, parks and recreation areas. The purpose of this division is to establish a methodology for consideration of land acquisition and land exchange that will allow the Parks and Recreation Department to:
  • (1) Identify and acquire the best representative landscapes and most significant sites in Oregon for the purpose of protecting the State’s most valuable natural, scenic, cultural, historic, and recreational resources;
  • (2) Ensure the general public’s access to and enjoyment of these sites as compatible with OPRD cultural and sustainability policies;
  • (3) Ensure that the themes of Oregon’s natural and human history are woven into the master development plans of new and existing properties; and
  • (4) Foster appreciation and enjoyment of outdoor recreation resources by conserving, developing and maintaining waterways, scenic roads, highway corridors, trails and State recreation areas.
  • Stat. Auth.: ORS 390.121 & 390.124
  • Stats. Implemented: ORS 390.112 & 390.121
  • Hist.: PRD 11-2004, f. & cert. ef. 9-15-04; PRD 3-2011, f. & cert. ef. 3-30-11
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  • 736-019-0020
  • Definitions
  • As used in this division, unless the context requires otherwise:
  • (1) “Acquisition” means obtaining title to real property or any right or interest therein, or an interest in timber or other assets, by purchase, agreement, donation, exchange, gift, devise, or by exercise of eminent domain.
  • (2) “Commission” means the State Parks and Recreation Commission.
  • (3) “Department” means the State Parks and Recreation Department.
  • (4) “Director” means the State Parks and Recreation Department Director.
  • (5) “Exchange” means the simultaneous, mutual transfer between willing parties of one or more interests in land, timber, other assets of equal value, or any combination thereof,.
  • (6) “Other assets” means cash or forms of consideration other than land or an interest in timber, including but not limited to access rights, mineral rights, and water rights.
  • (7) “Third party” means any person other than the Department or the owner(s) of property that is the subject of an acquisition or exchange.
  • (8) “Overwhelming public benefit” means a Commission determination in the approval of a property exchange that accounts for the natural, scenic, cultural, historic, recreational, and operational benefits of a proposal that are likely to be above and beyond the monetary value of the exchange.
  • Stat. Auth.: ORS 390.121 & 390.124
  • Stats. Implemented: ORS 390.112 & 390.121
  • Hist.: PRD 11-2004, f. & cert. ef. 9-15-04; PRD 3-2011, f. & cert. ef. 3-30-11
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  • 736-019-0040
  • Policy
  • The Department shall use sound principles of real estate acquisition when acquiring or exchanging real property, comply with all federal and state laws pertaining to real property acquisition, and ensure the prudent use of public monies in its real property transactions. The Department aspires to:
  • (1) Ensure that the discharge of its fiduciary responsibility for the use of public funds receives the highest priority.
  • (2) Seek to preserve the public’s confidence in our business practices and stewardship of real estate assets.
  • (3) Conduct real estate transactions in an atmosphere of openness, honesty and integrity with land owners and the public, and maintain the confidentiality of such transactions to the extent allowed by law when it serves the public interest or to avoid harm to private citizens’ interests.
  • (4) Balance the need for and benefits of public open space with impacts on local tax revenue and private economic opportunity.
  • Stat. Auth.: ORS 390.121 & 390.124
  • Stats. Implemented: ORS 390.112 & 390.121
  • Hist.: PRD 11-2004, f. & cert. ef. 9-15-04; PRD 3-2011, f. & cert. ef. 3-30-11
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  • 736-019-0060
  • Criteria for Acquisition
  • (1) The Department will:
  • (a) Establish and maintain a list of properties and areas of interest. The Department may acquire properties on that list as they become available, subject to approval and the availability of funds.
  • (b) Consider park master plans adopted pursuant to ORS 195.120, the State Trails Plan, the Willamette Greenway Plan or other plans adopted by the Commission that identify certain land acquisitions as desired and needed.
  • (c) Acquire properties as specifically directed by Acts of the Oregon Legislature.
  • (d) Acquire other properties that contribute to the established goals of the Department but were not previously included on a list of properties of interest or identified in a Department plan.
  • (2) The purpose of the Department and the public’s interests are served when an acquisition satisfies one or more of the following objectives:
  • (a) Protects areas of outstanding natural, scenic, cultural, historic and recreational significance for the enjoyment and education of present and future generations.
  • (b) Consolidates state park parcels, trail systems or greenways so that more efficient management and administration of the state park system is made possible.
  • (c) Provides a buffer to adjacent or nearby development that may diminish the recreation or conservation values of a state park parcel.
  • (d) Provides access to recreation areas for management or protection of state park parcels, and
  • (e) Addresses opportunities that may be lost to the Department if acquisition is delayed.
  • (3) The acquisition or exchange of all real property shall be consistent with the Department’s purpose and its long-range planning goals, and shall be prioritized through a rating system. The rating system will evaluate an acquisition or exchange’s significance as it relates to the Department’s mission, development and operational costs, geographic distribution, diversity of values, public demand, and other factors connected to its feasibility as a state park. The Commission will periodically review the rating system.
  • (4) The Department will look favorably at opportunities for acquisitions and exchanges that enhance the overall management of existing park lands.
  • Stat. Auth.: ORS 390.121 & 390.124
  • Stats. Implemented: ORS 390.112 & 390.121
  • Hist.: PRD 11-2004, f. & cert. ef. 9-15-04; PRD 3-2011, f. & cert. ef. 3-30-11
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  • 736-019-0070
  • Criteria for Exchange
  • (1) In considering an acquisition that includes a sale or exchange of real property owned by the Department, the Department will:
  • (a) Apply all elements of the “Criteria for Acquisition” provided in OAR 736-019-0060, and
  • (b) Apply the provisions of sections (2) or (3) of this rule.
  • (2) For exchanges that it initiates, the Department will:
  • (a) Identify for the Commission the reasoning and justification for an exchange based on the Department’s mission, strategies, objectives, and work plan, and
  • (b) Undertake exchanges only if there is a significant benefit to the Department. Examples of a significant benefit to the Department include, but are not limited to:
  • (A) Adding properties that adjoin properties owned by the Department,
  • (B) Improving the Department’s access to one or more properties owned or operated by the Department,
  • (C) Resolving in-holdings,
  • (D) Property line adjustments that facilitate operations or management, and
  • (E) Acquiring identified property needs.
  • (3) For exchanges that a party other than the Department initiates, the Department will:
  • (a) Determine whether the exchange aligns with the Department’s mission, strategies, objectives, and work plan,
  • (b) Inquire whether the local county and local communities support the exchange,
  • (c) Determine whether the exchange will accommodate public use and access, and be in the best interest of the Department,
  • (d) Submit an Agency Surplus Real Property Notification to the Department of Administrative Services and request the notification of adjacent cities, appropriate counties and all state agencies for the sale, transfer, or exchange of any real property right from Department ownership.
  • (e) Require the proponent provide the Department a written environmental review for all lands the Department is to receive in the exchange. The Department may determine that an environmental report provides information that further requires that the proponent to provide additional environmental assessment, and
  • (f) Require that all proposals made to the Department be in writing with adequate detail for the Department to evaluate the transaction for:
  • (A) Natural resource impacts and protection,
  • (B) Cultural resource impacts and protection, and
  • (C) Overwhelming public benefit to the parks system.
  • (4) To approve an exchange that a party other than the Department initiates, the Commission shall determine that the proposed exchange provides an overwhelming public benefit to the Oregon State Park system, its visitors, and the citizens of Oregon. The Commission has sole discretion to determine whether a proposal provides an overwhelming public benefit to the Oregon State Park system, its visitors, and citizens, which is resounding, clear and obvious. An overwhelming public benefit to the Oregon State Park system, may include, but is not limited to, an exchange in which the Department receives:
  • (a) One or more properties in areas of interest listed pursuant to OAR 736-019-0060(1)(a),
  • (b) An endowment for long-term stewardship that provides significant and meaningful stewardship resources to the Department, or
  • (c) Other contributions to the Oregon State Park system, beyond the property to be received, which the Commission determines when combined with the property to be received by the Department, and when weighed against the property to be transferred out of the Oregon State Park system, along with all of the Departments transaction costs, will result in an overwhelming public benefit to the Oregon State Park system.
  • Stat. Auth.: ORS 390.121 & 390.124
  • Stats. Implemented: ORS 390.112 & 390.121
  • Hist.: PRD 3-2011, f. & cert. ef. 3-30-11
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  • 736-019-0080
  • Sources of Funding
  • The Department will:
  • (1) Purchase lands with appropriations granted by the Legislature.
  • (2) Use proceeds from land sales to purchase other lands pursuant to ORS 390.121(3).
  • (3) Accept donated private funds and donated lands.
  • (4) Seek state, federal and private grants for land purchases when appropriate.
  • (5) Employ land exchanges when the land traded away is less suitable for open space and recreation than the land received.
  • Stat. Auth.: ORS 390.121 & 390.124
  • Stats. Implemented: ORS 390.112 & 390.121
  • Hist.: PRD 11-2004, f. & cert. ef. 9-15-04; PRD 3-2011, f. & cert. ef. 3-30-11
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  • 736-019-0100
  • Acquisition Practices
  • (1) The Department will:
  • (a) Engage in land purchases and land sales in which the value of the land is established by an up-to-date appraisal prepared by an independent professional appraiser or a qualified government employee.
  • (b) Obtain an independent review of appraisals when the appraised value exceeds $250,000.00.
  • (c) Consult with local taxing entities of government when a land purchase has potential to cause a significant loss of property tax revenue.
  • (d) Seek to purchase from willing sellers as the preferred method of buying land.
  • (e) Exercise the greatest of restraint in using the power of eminent domain consistent with the spirit and intent of the laws authorizing such power.
  • (f) Acquisitions and exchanges shall be made only with approval of the Commission.
  • (g) The Director may pay up to $10,000.00 for an option or earnest money agreement if there is a high degree of certainty, without committing a future Legislature, that the funds to complete the subject purchase will be forthcoming. Option payments in excess of $10,000.00 shall only be made if approved by the Commission.
  • (h) The Department will utilize sound business principles in securing appraisals and conducting negotiations, and shall complete its due diligence in connection with all real property acquisitions and exchanges, including the request for and review of title searches, hazardous material assessments, agreements with third parties intended to facilitate an acquisition by the Department, and any other documents necessary to make the best decision regarding a land purchase or exchange.
  • (i) Appraisals upon which the Department makes an offer must be dated as close in time to the expected closing as possible, and not be older than one year.
  • (j) The Department will require the appraiser to consider the new, anticipated, or intended use, income, or zone, if the Grantee proposing an exchange or sale intends, or is likely to pursue, a different highest and best use than the Department’s current use or zone.
  • (k) Submit an Agency Surplus Real Property Notification to the Department of Administrative Services and request the notification of adjacent cities, appropriate counties and all state agencies for the sale, transfer, or exchange of any real property right from Department ownership.
  • (l) Conduct a visual inspection and check the records for historical uses of any land considered for acquisition. If either the visual inspection or historic records provide information the Department determines merits further investigation of environmental issues, the Department will engage in additional environmental review.
  • (2) In addition to the practices describe in section (1) of this rule, when acquiring ownership of or interests in lands abutting, adjacent or contiguous to the ocean shore for state recreation areas or access where such lands are held in private ownership, the department will also consider the criteria provided in ORS 390.630.
  • Stat. Auth.: ORS 390.121 & 390.124
  • Stats. Implemented: ORS 390.112 & 390.121
  • Hist.: PRD 11-2004, f. & cert. ef. 9-15-04; PRD 3-2011, f. & cert. ef. 3-30-11
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  • 736-019-0120
  • Working with Other Parties
  • The Department may collaborate on land acquisitions with other parties, including county governments, state and federal agencies, non-profit organizations, private corporations, landowners, and private land trusts. It is the policy of the Department to seek out and engage in land acquisition collaborations when they are of mutual benefit and further the attainment of shared values and goals. In general, in addition to compliance with the rest of this division, the Department considers the following elements to be important to successful collaboration on land acquisitions:
  • (1) Acquisition opportunities must align with the goals, strategies, and priorities for land acquisition established by the Commission;
  • (2) The potential partner engages with the Department early in the process, and frequently throughout, including full disclosure and transparency on all of the details of the proposal. The Department commits to treat partners in the same way, both for projects brought to it, and where the Department seeks out a collaborator;
  • (3) An understanding by the potential partner that discussions with the Department staff are preliminary and that only the Commission may approve a land acquisition;
  • (4) The Department is very willing to give attention and publicity to projects and the accomplishments of partners and believes its participation in a deal can add to that;
  • (5) A demonstration that the county, local community, interested state and federal agencies support the acquisition, and that the acquisition accommodates public use and access;
  • (6) An understanding by the potential partner that the Department must undertake real estate transactions in a transparent manner and involve willing sellers who are paid fair market value and only after due diligence has been done, and risks adequately addressed; and
  • (7) A recognition that the Department is subject to specific and extensive state statutes, rules, and public accountability.
  • Stat. Auth.: ORS 390.121 & 390.124
  • Stats. Implemented: ORS 390.112 390.117(5) & 390.121
  • Hist.: PRD 11-2004, f. & cert. ef. 9-15-04; PRD 3-2011, f. & cert. ef. 3-30-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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