Or. Admin. Code § 125-045-0220

Current through Register Vol. 63, No. 10, October 1, 2024

Section 125-045-0220 - Acquisition of Real Property Interests

(1) Except for Exempt Acquiring Agencies, before an Agency offers to acquire a Real Property Interest, it shall first declare to the Division in writing its intent to acquire the Interest. The written declaration must include the following information:

(a) A detailed description of the Real Property Interest sought to be acquired, including its approximate size in square feet or acreage;

(b) Any particular requirements of the Agency that the Interest must satisfy;

(c) A description of the general or specific location where the Agency desires to acquire the Real Property Interest, including a map if possible;

(d) The reason for the Acquisition;

(e) A completed notice using a from provided by the Division; and

(f) Any other information the Division may request.

(2) After receiving the declaration described in this rule and before an Acquiring Agency other than an Exempt Acquiring Agency may unconditionally offer to acquire any Real Property Interest, the Division shall provide written notice of the intended Acquisition to all other Agencies authorized by statute to own State Real Property Interests. In addition to any other information the Administrator or Agency determines is desirable, written notice must include the following:

(a) The information provided by the Acquiring Agency defined in OAR 125-045-0220(1);

(b) A request that the Agency give the Division written notice if the Agency controls a State Real Property Interest that the Agency no longer needs and the State Real Property Interest may match the needs of the Acquiring Agency;

(c) The deadline for the Agency to respond to the Division, which may not be less than 30 days from the date of the Division's notice, unless the Administrator determines that a shorter period is in the State's interest; and

(d) Any other information the Acquiring Agency and the Division elect to include in the notice.

(3) The Division may dispense with notice to Agencies if the Administrator adopts written findings that in the reasoned judgment of the Division, it is unlikely that a State Real Property Interest could satisfy the Acquiring Agency's needs and that as a result, notice would be a futile act.

(4) If an Agency responds timely to the written notice described in this rule, the Agency shall thereafter negotiate with the Acquiring Agency for a sale or transfer of the Agency's State Real Property Interest. The Acquiring Agency may not reject, without Division approval, a bona fide offer by another Agency to transfer to the Acquiring Agency a State Real Property Interest that satisfies the Acquiring Agency's acquisition criteria.

(5) The Acquiring Agency may proceed with an Acquisition of a Real Property Interest from a source other than an Agency after satisfying the requirements of OAR 125-045-0215 and this rule, provided the Acquisition is consistent with other applicable provisions of law.

Or. Admin. Code § 125-045-0220

DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06

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

Stats. Implemented: