Department of Administrative Services
Chapter 125
Division 45
DISPOSITION AND ACQUISITION OF REAL PROPERTY INTERESTS
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.
(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) “Affordable Housing” means housing affordable to and 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 housing is located.
(5)"Agency" or “State 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, or a public university listed in ORS 352.002.
(6) "Appraisal" means a written report by a licensed and experienced real estate appraiser estimating the fair market value of a Real Property Interest.
(7) "Appraised Fair Market Value" means the fair market value of a Real Property Interest as determined by an Appraisal.
(8) “Broker Opinion of Value” means a written statement of real estate value from a licensed real estate broker following inspection of the subject property and recent listings and sales near the subject property.
(9) “Clearinghouse Process” means the process through which the Department, or an Agency the Department specifically designates, provides notice to State Agencies and certain other entities about proposed Acquisition and disposition of Real Property Interests.
(10) "Department" means the Oregon Department of Administrative Services.
(11) "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 Property Restriction(s) or for a particular use, zone or conditional use.
(12) “Directed Transaction” means a transaction of a Real Property Interest directed by the Oregon Legislature.
(13) "Director" means the Director of the Department.
(14) "Disposing Agency" means an Agency that proposes to dispose of a Real Property Interest.
(15) "Division" means the Enterprise Asset Management Division of the Department.
(16) "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. Exempt Acquiring Agencies are listed in 125-045-0211.
(17) "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. Exempt Disposing Agencies are listed in 125-045-0211.
(18) “Exempt Option” means an option to acquire a Real Property Interest with option payment(s) totaling less than $100,000. Options to dispose of State Real Property Interests are not exempt from Public Lands Advisory Committee (PLAC) review, regardless of value.
(19) "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 listed in ORS 352.002;
(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.
(20) “Highest and Best Use” means the reasonably probable and legal use of real property which is physically possible, legally permissible, financially feasible, and that results in the highest value.
(21) "Improvements" means any and all structures on or attachments to Real Property Interests but excluding Public Improvements as defined in ORS 279A.010.
(22) "In Reserve" as used in the State Land Inventory System 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.
(23) "In Use" as used in the State Land Inventory System means a State Real Property Interest that is actively being used to serve the mission of the Agency.
(24) “Indian Tribe” has the meaning given that term in ORS 97.740.
(25) “Interagency Transaction” means the transaction of a Real Property Interest exclusively between and among Agencies.
(26) " 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 in excess of 20 years or more, but not exceeding 99 years.
(27) “Nonprofit Organization” means an organization or group of organizations described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code.
(28) "Office Quarters" has the meaning given that term in ORS 276.420.
(29) "Political Subdivision" means any local governmental unit, including but not limited to, 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.
(30) "Property Restriction" means any restriction placed on a Real Property Interest including deed reversion clauses, conservation easements, or other limits on the use of the Real Property Interest that are recorded and affect the title to the Real Property Interest.
(31) "Proposal" means a written offer to purchase a State Real Property Interest submitted in response to a Request for Proposals.
(32) "Proposer" means an individual or entity that submits a Proposal in response to a Request for Proposals.
(33) "Public Lands Advisory Committee" (PLAC) means the advisory committee established under ORS 270.120.
(34) "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:
(a) Includes, but is not limited to, the surface estate, water or irrigation rights, and development rights.
(b) Does not include: An Office Quarters lease, regardless of the term; an easement, unless the easement has an Appraised Fair Market Value of $100,000 or more; Mineral or geothermal resources as defined in ORS 273.775, the sale or other disposition of which is governed by ORS 273.775 to 273.790 or other provisions of law governing these resources; or an option to acquire any Real Property Interest if the option payment(s) total less than $100,000.
(35) "Request for Proposals" means a solicitation of offers to transact on a State Real Property Interest made according to OAR 125-045-0235.
(36) "Right of First Refusal" means a right granted to an entity or individual to match any other Proposer’s offer for a particular Real Property Interest.
(37) “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.
(38) "State" means the State of Oregon.
(39) "State Real Property Interest" means any Real Property Interest that is owned in the name of the State of Oregon.
(40) "State Land Inventory System" means the inventory of State Real Property Interests maintained on a computer database.
(41) “Subject Transaction” means any Acquisition, disposition, exchange, or other transaction of any Real Property Interest except those transactions exclusively between and among Agencies; specified transaction types by Exempt Agencies; and Exempt Options.
(42) “Surplus” or “Surplus Real Property” means all State-owned real property and Improvements surplus to Agency and State need. “Surplus” as used in the State Land Inventory System 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.
(43) "Terminal Disposition" means the alienation of a State Real Property Interest through a sale, exchange, conveyance, donation, lease or other transfer of that interest.
(44) “Transacting Agency” means the Agency initiating action to acquire or dispose of a Real Property Interest.
(45) “Urban growth boundary” has the meaning given that term in ORS 195.060.
(46) “Urban reserve” means any land designated as an Urban reserve under ORS 195.145.
(47) “Urban unincorporated community” has the meaning given that term in ORS 197.015.
Statutory/Other Authority: ORS 270.015(2), 270.100(1)(d), 271.005, 271.330 & 271.335
Statutes/Other Implemented: ORS 244.010, 270.005, 270.010, 270.100-270.135, 271.330 & 271.335
History:
DAS 1-2020, amend filed 03/03/2020, effective 03/03/2020
DAS 1-2016, f. & cert ef. 1-7-16
DAS 8-2009, f. & cert. ef. 7-21-09
DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06