Or. Admin. Code § 125-045-0205

Current through Register Vol. 63, No. 12, December 1, 2024

Section 125-045-0205 - Definitions

The following definitions apply to the rules in this Division 045:

(1) "Acquiring Agency" means an Agency that proposes to acquire a Real Property Interest and is not an Exempt Acquiring Agency.

(2) "Acquisition" means obtaining rights of ownership in a Real Property Interest by an Agency through a purchase, exchange, conveyance or other transfer of that Real Property Interest.

(3) "Administrator" means the Administrator of the Department's Enterprise Asset Management Division.

(4) "Agency" means any board, commission, department or agency of the State of Oregon, whose costs are paid from funds held in the State Treasury and that are authorized to acquire or dispose of Real Property Interests.

(5) "Appraisal" means a written report by a licensed and experienced real estate appraiser estimating the fair market value of a Real Property Interest prepared in accordance with OAR 125-045-0215.

(6) "Appraised Fair Market Value" means the fair market value of a Real Property Interest as determined by an Appraisal.

(7) "Clearing House Process" means the notification process whereby agencies notify the Department of terminal dispositions or acquisitions of State Real Property Interests and Department notifies other state agencies, Nonprofit Organizations, Indian Tribes, and political subdivisions under OAR 125-045-0220 and 125-045-0225.

(8) "Department" means the Oregon Department of Administrative Services.

(9) "Directed Appraisal" means a written report by a licensed and experienced real estate appraiser estimating the fair market value of a Real Property Interest with restrictions or for a particular use, zone or conditional use in accordance with OAR 125-045-0215.

(10) "Director" means the Director of the Department.

(11) "Disposing Agency" means an Agency that proposes to dispose of a Real Property Interest.

(12) "Division" means the Enterprise Asset Management Division of the Department.

(13) "Exempt Acquiring Agency" means an Agency that is not required by law to report to the Department its intentions to acquire a Real Property Interest. At the time of the adoption of these rules the Exempt Acquiring Agencies are:

(a) The Department of Transportation, if acquiring a highway right of way;

(b) The Higher Education Coordination Commission and any public university with a governing board listed in ORS 352.054, if acquiring real property within the approved projected campus boundaries of institutions subject to its authority;

(c) The Oregon Parks and Recreation Department, if acquiring park properties;

(d) Oregon Health Authority (OHA) and Department of Human Services (DHS) if acquiring residential real property under the Estate Recovery Program authorized by ORS 410.075, 411.620 and 416.340 including mineral and geothermal rights according to ORS 273.785;

(e) The Department of Housing and Community Services for residential real property acquired under ORS 465.515 to 456.725 or ORS chapter 458: and

(f) The Department of Veterans' Affairs for a home or farm acquired under ORS 88.720, 406.050, 407.135, 407.145, 407.375 or 407.377.

(14) "Exempt Disposing Agency" means an Agency that is exempt by law from the requirement that it obtain Department approval prior to the Terminal Disposition of a Real Property Interest, unless the Terminal Disposition will be for less than the Appraised Fair Market Value. At the time of the adoption of these rules, the Exempt Disposing Agencies are:

(a) The Department of Fish and Wildlife;

(b) The Department of Forestry, if disposing of State forestlands;

(c) The Department of State Lands;

(d) The Department of Transportation;

(e) The Higher Education Coordination Commission and any public university with a governing board listed in ORS 352.054;

(f) The Oregon Parks and Recreation Department;

(g) Any legislative or judicial branch of the State;

(h) The Oregon Health Authority (OHA) and Department of Human Services (DHS) for residential real property acquired or sold under the Estate Recovery Program authorized by ORS 410.075, 411.620 and 416.340 including mineral and geothermal rights according to ORS 273.785;

(i) The Department of Housing and Community Services Department for residential real property sold under the provisions of ORS 456.515 to 456.725 or ORS chapter 458; and

(j) The Department of Veterans' Affairs for a home or farm sold under ORS 88.720, 406.050, 407.135, 407.145, 407.375 or 407.377.

(15) "Governing Body" means a board or commission with constitutional or statutory governing authority to approve the Acquisition or Terminal Disposition of a Real Property Interest. The term "Governing Body" includes but is not limited to the following bodies:

(a) The Oregon Board of Forestry;

(b) The Higher Education Coordination Commission and any public university with a governing board listed in ORS 352.054;

(c) The Oregon Fish and Wildlife Commission;

(d) The Oregon Parks and Recreation Commission;

(e) The Oregon Transportation Commission; and

(f) The State Land Board.

(16) "Improvements" means any and all structures on or attachments to Real Property Interests but excluding public improvements as defined in ORS 279A.010.

(17) "In Reserve" as used in the Statewide Lands Inventory means an Agency-owned Real Property Interest that is not currently being used by the Agency, but that the Agency intends to use to fulfill an anticipated future requirement, need or benefit related to the mission of the Agency.

(18) "In Use" as used in the Statewide Lands Inventory means a State Real Property Interest that is actively being used to serve the mission of the Agency.

(19) "Indian Tribe" means Indian Tribes as defined in ORS 97.740.

(20) "Long Term Lease" means any lease, which the State does not have the right of termination for convenience, to another Agency, Political Subdivision, private or public party, having a term, including options of twenty years or more.

(21) "Nonprofit Organization" means nonprofit housing developers that develop real property that will be occupied by families and individuals with an income no greater than 80 percent of the median family income for the county in which the real property is located

(22) "Office Quarters" means office space, office buildings and associated services, storage and parking facilities for Agencies. Office space may include factory-built modular or portable units but excludes stand-alone storage and parking facilities.

(23) "Political Subdivision" means a local governmental unit, including a county, city, town, port, dock, commission or district, that exists under the laws of Oregon and that has the power to levy and collect taxes as defined in ORS 271.005.

(24) "Property Restrictions" means any restrictions placed on a Real Property Interest or on the sale proceeds from the Terminal Disposition of the Real Property Interest including deed reversion clauses or constitutional or statutory requirements to deposit all or a portion of the sale proceeds into specified funds other than the general fund.

(25) "Proposal" means a written offer to purchase a State Real Property Interest submitted in response to a Request for Proposals.

(26) "Proposer" means an individual or entity that submits a Proposal in response to a Request for Proposals.

(27) "Public Lands Advisory Committee" (PLAC) means the advisory committee established under ORS 270.120.

(28) "Real Property Interest" means any legal or equitable interest in land, or an option to acquire, or a leasehold interest with a term, including options to renew or extension provisions that contemplate a total period of occupancy of more than 20 years, together with all Improvements. For the purposes of these rules, a Real Property Interest does not include:

(a) An Office Quarters lease, regardless of the term;

(b) An easement, unless the easement has an Appraised Fair Market Value of $100,000 or greater; or

(c) Mineral or geothermal resources, as defined in ORS 273.755, the sale or other disposition of which is governed by ORS 273.775 to 273.790 or other provisions of law governing these resources.

(29) "Request for Proposals" means a solicitation of offers to acquire a State Real Property Interest made pursuant to OAR 125-045-0235.

(30) "Right of First Refusal" means a conditional privilege that the Disposing Agency, in the exercise of its discretion, may grant to a qualified Proposer by OAR 125-045-0230 to match the best Proposal for the purchase of a State Real Property Interest.

(31) "Rural community" means an unincorporated community that consists primarily of permanent residential dwellings but also has at least two other land uses that provide commercial, industrial or public uses to the community, the surrounding rural area or persons traveling through the area.

(32) "State" means the State of Oregon.

(33) "State Real Property Interest" means any Real Property Interest that is owned in the name of the State of Oregon.

(34) "Statewide Lands Inventory" means the inventory of State Real by Property Interests maintained on a computer database.

(35) "Surplus" as used in the Statewide Lands Inventory means a State Real Property Interest that is not currently used or is not needed or desirable to support a future need, use or function of the Agency.

(36) "Surplus real property" means all state-owned real property and improvements surplus to agency and state need.

(37) "Terminal Disposition" means the alienation of a State Real Property Interest through a sale, exchange, conveyance, donation, lease or other transfer of that interest.

(38) "Urban growth boundary" has the meaning given that term in ORS 195.060.

(39) "Urban reserve" means any land designated as an urban reserve under ORS 195.145.

(40) "Urban unincorporated community" has the meaning given that term in ORS 197.015.

Or. Admin. Code § 125-045-0205

DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06; DAS 8-2009, f. & cert. ef. 7-21-09; DAS 1-2016, f. & cert ef. 1/7/2016

Stat. Auth.: ORS 270.015(2), 270.100(1)(d), 271.005

Stats. Implemented: ORS 244.010, 270.005, 270.010, 270.100, 270.105, 270.110, 270.120, 270.130, 270.135 & Ch. 572, OL 2015 (HB3524)