ORS Chapter 275
Chapter 275 — CountyLands
2009 EDITION
COUNTYLANDS
PUBLICLANDS
MANAGEMENTAND DISPOSITION OF LANDS AND RESOURCES
275.020 Formand effect of conveyance to county
275.027 Adversepossession of county lands
275.030 Saleof real estate not in use for county purposes
275.040 Conveyancepursuant to ORS 275.030
275.060 Authorityto exchange lands offered for sale and not sold
275.070 Saleor donation to United States, state or government corporation; procedure
275.080 Saleof county lands for public water supply purposes; procedure; title to land andtimber
275.088 Saleto certain county officers or employees of real property acquired byforeclosure of tax lien; disposition of real property or proceeds of sale ofreal property acquired by ineligible purchaser
275.090 Powersof county as to lands acquired on foreclosure of tax liens, or by exchange,devise or gift
275.105 Acquisitionby county of 90 percent of the lots in a plat for taxes and purchase ofremaining lots; vacation of whole plat
275.110 Orderto sell certain county lands; exception
275.120 Sheriff’snotice of sale
275.130 Claimsof municipal corporations against the land to be filed prior to sale
275.140 Timeand place of sale
275.150 Certificateof sale
275.160 Salereturn
275.180 Saleto record owner or contract purchaser of property; conditions
275.188 Definitionsfor ORS 275.110 to 275.250
275.190 Cashor installment sale; rights and liabilities of installment purchaser
275.200 Saleof land not sold by sheriff
275.210 Filingof purchase agreement; assignment
275.220 Procedureupon default or breach under land sale contract
275.225 Saleof county land by private sale; conditions; notice; terms
275.240 Taxationof county lands sold under purchase agreement
275.250 Noticeto county assessor of sale or resale
275.260 Landsacquired by county on tax foreclosure exempt from taxes of other taxingdistricts
275.275 Distributionof proceeds
275.290 Saleor lease of timber on county lands
275.294 Saleor lease of right to prospect for and remove minerals or oil and gas fromcounty lands
275.296 Validationof certain conveyances prior to August 3, 1955
275.298 Saleof minerals or mineral rights; preferential right of holder of interest lessthan fee
275.300 Saleof mineral or other interest in county lands less than fee; conditions andregulations; bond
275.310 Partitionof land in which county has acquired interest
275.312 Conveyanceby county of reserved or excepted mineral rights
275.314 Contentsof application; investigation and hearing
275.316 Noticeof hearing; findings; execution of conveyance
275.318 Saleor lease of land located in industrial use zone; Industrial DevelopmentRevolving Fund; use of proceeds of sale
COUNTYFORESTS AND PARKS
275.320 Designationof county forests, parks and recreational areas
275.330 Conveyanceof county forests, parks or recreational areas; agreements to manage timber
275.335 Exchangingland within county forest; reserving rights of way
275.340 Saleor lease of forest products, minerals or oil and gas from county forestland
275.360 Recordingorders of county
275.370 Validationof conveyances prior to January 1, 1941
275.010 [Repealed by1983 c.327 §16]
MANAGEMENTAND DISPOSITION OF LANDS AND RESOURCES
275.020Form and effect of conveyance to county. All real or personal estate conveyed byany form of conveyance, and duly acknowledged and recorded, to the inhabitantsof any county, or to the county treasurer, or to any committee or other personsfor the use of such county, shall be deemed the property of such county. Allsuch conveyances shall have the same force and effect as if made to theinhabitants of such county by their corporate name.
275.025 [Repealed by1983 c.537 §7]
275.027Adverse possession of county lands. The rights of any county to publiclands are not extinguished by adverse possession. No title or property rightsto public lands shall be acquired against the county through operation of astatute of limitations. [1981 c.153 §51]
275.030Sale of real estate not in use for county purposes. (1) Except asotherwise provided by statute, the county governing body may, whenever it deemsit to the best interest of the county so to do, sell and convey, in the mannerprovided for sale of county land under ORS 275.120, 275.140 to 275.160 and275.180 to 275.260, any real estate owned by the county and not in use forcounty purposes. The sale shall be directed by an order of the county governingbody entered upon the journals.
(2)A county may sell and convey real estate owned by the county in a mannerprovided in ORS chapter 271 if the real estate was not acquired by foreclosurefor nonpayment of real property taxes and the county governing body deems itnot to the best interest of the county to sell and convey in the mannerprovided under ORS 275.120, 275.140 to 275.160 and 275.180 to 275.260. [Amendedby 1981 c.602 §1; 1983 c.537 §1; 2001 c.649 §1]
275.040Conveyance pursuant to ORS 275.030. The conveyance transferring the realestate sold pursuant to ORS 275.030 to the purchaser thereof shall contain thedate of the order authorizing such sale and the page and journal where theorder is entered. The conveyance shall be signed by the county judge or thechairperson of the board of county commissioners and acknowledged in the mannerprovided by law for acknowledgment of other conveyances of real estate. Aconveyance so made conveys all the interest of the county in the propertydescribed therein. [Amended by 1983 c.537 §2]
275.050 [Repealed by1983 c.537 §7]
275.060Authority to exchange lands offered for sale and not sold. (1) Except asotherwise provided by statute, the governing body of a county may exchangecounty land of any character, which has first been offered for sale but notsold for want of a satisfactory bid, for other lands of equal value to whichthe owner thereof can give clear title and which are free of all liens andencumbrances.
(2)Exchanges may be effected between the county and an individual, partnership orcorporation. Thirty days prior to the consummation of the exchange, notice ofintention to exchange, setting forth the legal description of the property tobe exchanged, together with the appraised value as recently determined by thegoverning body of the county and the legal description of the property to beacquired in exchange, shall be published for two successive weeks in anewspaper of general circulation in the county. At any time before an exchangeis actually made, written objection thereto may be filed by any interestedperson and the governing body of the county shall consider any such objection,and at its discretion may conduct hearings thereon. If, after duly consideringsuch objection, the governing body of the county still deems that the proposedexchange is for the best interests of the county, the governing body mayproceed with the exchange and its determination in that respect shall be final.
(3)Lands received by the county in exchange may be sold, leased or exchanged thesame as might have been done with the lands originally exchanged. [Amended by2005 c.243 §10]
275.070Sale or donation to United States, state or government corporation; procedure. Any countygoverning body may grant an option to purchase, contract to sell and convey, ordonate to the United States or State of Oregon or to any corporation themajority of whose capital stock is owned by the United States, any realproperty owned by the county including that acquired pursuant to taxforeclosure proceedings at such price and on such terms as the county governingbody may deem to be for the best interests of the county. The resolution of thecounty governing body to grant an option to purchase, contract to sell, selland convey, or donate as provided shall be entered by the governing body uponits journal and any option to purchase, contract to sell, sale and conveyance,or donation executed pursuant thereto shall be signed on behalf of the countyby the county judge or the chairperson of the board of county commissioners andacknowledged in the manner prescribed by law. The county governing body mayreceive as partial or full consideration for any sale or conveyance under thissection, other real property or stumpage at a value determined by inspectionand appraisal made by the county governing body or by a board of threeappraisers appointed by the governing body. [Amended by 1983 c.537 §3]
275.080Sale of county lands for public water supply purposes; procedure; title to landand timber.(1) The governing body of a county may sell in the manner provided for sale ofcounty land under ORS 275.120, 275.140 to 275.160 and 275.180 to 275.260, andconvey to any person or corporation impounding and selling water to the public,any lands acquired by such county through foreclosure of tax liens orotherwise, when, in the discretion of the governing body of the county, theconveyance is necessary for the preservation or protection of any watershedfrom which water is being impounded and sold to the public by such person orcorporation.
(2)Legal title to timber on such lands shall remain in the county and such timbershall not be removed therefrom except with the express written consent of andunder the direct supervision of the State Board of Forestry.
(3)Should any such lands so conveyed cease to be used to preserve and protect thewatershed for which it was conveyed, or if the person or corporation does nottake water from the watershed for a period of one year, legal title to suchland shall immediately revert to and revest in the county without the necessityof reentry. [Amended by 1981 c.602 §2; 2005 c.243 §11]
275.088Sale to certain county officers or employees of real property acquired byforeclosure of tax lien; disposition of real property or proceeds of sale ofreal property acquired by ineligible purchaser. (1) As used inthis section:
(a)“Actual conflict of interest” has the meaning given that term under ORS244.020.
(b)“Bona fide purchaser” means a purchaser of a fee simple interest in a singleproperty who acquires the property in an arm’s-length transaction and for fairmarket value and adequate consideration.
(c)“Discretionary action” means an action committed to the sound judgment andconscience of a county officer or a county employee, acting in the officialcapacity of the officer or employee.
(d)“Ministerial action” means an action requiring obedience to specificinstructions or law and allowing little or no discretion in its implementation.
(2)An elected or appointed county officer as described in ORS 204.005, a familymember of the officer or an intermediary of either may not purchase from thecounty, directly or indirectly, real property obtained by foreclosure ofdelinquent tax liens.
(3)A county employee not included under subsection (2) of this section, a familymember of the county employee or an intermediary of either may not purchasefrom the county, directly or indirectly, real property obtained by foreclosureof delinquent tax liens if the county employee has an actual conflict ofinterest related to the real property. An actual conflict of interest may becreated under this section by the discretionary action of a county employeerelated to the foreclosure, sale or transfer of the real property by thecounty, but is not created by the ministerial action of the county employee.
(4)In addition to and not in lieu of a penalty or sanction that may apply underORS chapter 244 or otherwise, if real property is purchased in violation ofthis section, the county officer or employee shall:
(a)Transfer the real property to the county for the amount paid for the propertyless an amount for expenses incurred by the county; or
(b)If the real property has been transferred by the county officer or employee toa bona fide purchaser, transfer to the county the amount received for the saleto a bona fide purchaser less the amount paid to obtain the property from thecounty. [2001 c.180 §2]
275.090Powers of county as to lands acquired on foreclosure of tax liens, or byexchange, devise or gift. The governing body of each county shall have thefollowing powers and duties with respect to all lands acquired by the county byforeclosure of delinquent tax liens, or by exchange, devise or gift:
(1)To protect such lands from fire, disease and insect pests, to cooperate withthe United States of America, the State of Oregon, and with the agencies ofboth, with persons owning lands within such counties, and with other countiesof the State of Oregon in the protection of such county-owned lands and toenter into all agreements necessary or convenient therefor.
(2)To sell, exchange, and lease such lands or any portion of or interest in thesame less than the whole fee.
(3)To grant easements and rights of way over, through and across such lands.
(4)To reforest cut-over or burned-over timberlands and to cooperate with theUnited States of America, the State of Oregon and the agencies of both, andwith other counties of the State of Oregon, and with persons, firms andcorporations owning timberlands within such county in such reforestation and tomake all agreements necessary or convenient therefor.
(5)To make all rules and regulations, not inconsistent with law, necessary orconvenient for the protection, administration, operation, conveyance, leasingand acquisition of lands.
(6)To employ such assistance as may be necessary to carry out the provisions ofORS 275.090 to 275.316 and to cooperate with other counties in this state insuch employment. [Amended by 1969 c.595 §10; 2005 c.243 §12]
275.100 [Repealed by2005 c.243 §33]
275.105Acquisition by county of 90 percent of the lots in a plat for taxes andpurchase of remaining lots; vacation of whole plat. If any countyhas bid in and acquired for taxes and has received a deed for not less than 90percent of the number of the lots in any addition or subdivision or plat, andif it considers it wise so to do, the governing body of the county shall, byorder duly made and entered, authorize the purchase of such remaining lots fromthe owners or may exchange for the lots other lots owned by such county. Uponacquiring title to all the lots in any addition or subdivision or plat, it mayenter an order vacating the whole of such addition, subdivision or plat. If anyremaining lots are purchased by the county pursuant to this section, thepurchase price of the lots shall not be greater than the real market value ofthe lots, and if other lots are exchanged for the remaining lots, those lotsshall be accepted in full payment of the purchase price of the lots for whichthey are exchanged. [Amended by 1981 c.804 §78; 1991 c.459 §372; 2005 c.243 §13]
275.110Order to sell certain county lands; exception. (1) When thegoverning body of a county considers it to be for the best interests of thecounty to sell any real property acquired in any manner by such county, or anyinterest therein less than the whole fee, it shall enter an order upon itsrecords directing the sheriff to make sale thereof, and fix the minimum pricefor which each interest, parcel or group of parcels may be sold and theconditions and terms of sale. The order may be amended from time to time orrevoked as the governing body deems proper.
(2)Subsection (1) of this section and ORS 275.120 to 275.160 do not apply to thesale of any real property to any other public body or to the sale of any realproperty that is an industrial facility as defined by ORS 271.510. The sale ofindustrial facilities shall be made in the manner provided by ORS 271.510 to271.540. [Amended by 1981 c.602 §3; 1983 c.494 §2; 1983 c.537 §4; 1983 c.740 §72;1985 c.565 §43; 2005 c.243 §14]
275.120Sheriff’s notice of sale. (1) Upon receipt of a certified copy of the orderreferred to in ORS 275.110, the sheriff shall publish a notice of the sale ofsuch property in a newspaper of general circulation, printed and published inthe county where the land is situated, once each week for four consecutiveweeks prior to such sale.
(2)The notice shall state:
(a)The time and place of sale;
(b)The description of the property or interest therein to be sold;
(c)If available from the tax roll, the real market value of the property orinterest to be sold as evidenced by the last roll certified under ORS 311.105on which the property was included;
(d)The minimum price for the property or interest to be sold, as fixed by the governingbody of the county, which may be lower than the tax roll value;
(e)The date of the order directing the sale; and
(f)Such other matters as the governing body of the county deems pertinent.
(3)Proof of publication of the notice shall be made in the same manner as proof ofpublication of summons is made, and shall be filed by the sheriff with thecounty clerk of the county, and then recorded in the deed record of the county.[Amended by 1981 c.602 §4; 1989 c.223 §1; 1995 c.79 §93; 2005 c.243 §15]
275.130Claims of municipal corporations against the land to be filed prior to sale. Prior to thedate set for the sale of property as indicated in the notice of sale requiredunder ORS 275.120, a municipal corporation may file with the county clerk noticethat the municipal corporation has a lien arising out of an assessment forlocal improvement against the property described in the notice. The noticeshall identify each property described in the notice to which a lien forassessment for local improvement has attached and shall state the principalamount of the lien and the interest thereon to date. Upon receipt of thenotice, the county clerk shall forward a copy of the notice to the countytreasurer and to the county employee responsible for the management ofcounty-owned real property acquired by the foreclosure of delinquent propertytaxes. A notice filed within the time and in the manner permitted under thissection shall preserve the rights of a municipal corporation to a distributionunder ORS 275.275 (3)(a)(A). [Amended by 1997 c.805 §3]
275.140Time and place of sale. All sales shall be made in the county in which theland is situated between the hours of 10 a.m. and 4 p.m., and may be adjournedfrom day to day for not to exceed 30 days by the sheriff, by publicannouncement made by the sheriff at the time and place designated in the noticeof sale or at the time and place to which the sale may be adjourned. [Amendedby 1971 c.120 §2]
275.150Certificate of sale.At the time of sale, the sheriff shall give to each purchaser a certificatecontaining a particular description of the property sold, the whole purchaseprice, the amount paid in cash and the dates upon which future payments willbecome due. [Amended by 1997 c.805 §4]
275.160Sale return.Upon the close of such sale, the sheriff shall make due return to the governingbody of the county of the proceedings of the sheriff pursuant to the commandsof such order of sale. [Amended by 2005 c.243 §16]