Oregon Statutes 270.140 – Action if no satisfactory proposal received; rules
(1) If the provisions of ORS § 270.100, 270.110 and 270.130 have been complied with as to property administered by it and no satisfactory proposal has been received, a state agency acting for the state in the sale of real property or an equitable interest in real property that the state owns may, beginning at any time no later than 18 months after completing the process of giving notice under ORS § 270.130, offer for sale the real property or equitable interest in any manner that the state agency considers appropriate, including such commercially reasonable means as through a real estate licensee as set forth in ORS § 696.007.
Terms Used In Oregon Statutes 270.140
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) If efforts by a state agency to sell real property or an equitable interest pursuant to subsection (1) of this section have been discontinued for a period of 12 months or more, the state agency may not resume offering the real property or equitable interest for sale pursuant to subsection (1) of this section without first complying with the provisions of ORS § 270.100, 270.110 and 270.130.
(3) The Oregon Department of Administrative Services may adopt rules necessary to carry out the provisions of this section. [1991 c.816 § 9; 2017 c.205 § 1]
Sections 1 and 2, chapter 14, Oregon Laws 2022, provide:
(1) Notwithstanding any other provision of ORS § 270.100 to 270.190, the Oregon Department of Administrative Services shall use reasonable efforts to enter into one or more lease agreements to lease state real property owned by the department to the City of Salem for the city’s use as transitional housing accommodations, as described in ORS § 197.746, as the city may desire. The department shall enter into lease agreements under this section without regard to whether it would be more advantageous to sell, lease or use the property for another state purpose.
(2) A lease agreement entered into by the department under this section:
(a) May not require that the city pay more than the state’s actual costs in entering into the lease agreement;
(b) May not have an initial lease term of longer than 18 months;
(c) Must require that the city indemnify the state for any liability associated with the city’s use of the property;
(d) May not include the use of any improvement on the property except for the use of parking lots; and
(e) Must require that the city demonstrate the commitment of resources to establish, maintain and operate secure, healthy and safe transitional housing accommodations and to restore the condition of the property at the end of the lease term.
(3) The department shall consider available for lease under this section:
(a) Any surplus real property or unused property of the state within the City of Salem; or
(b) Underutilized portions of property within the City of Salem.
(4) State agencies shall assist the department with making the state real property available for lease under this section.
(5) This section does not apply to state real property described in ORS § 270.100 (4). [2022 c.14 § 1]
Section 1 of this 2022 Act is repealed on January 2, 2026. [2022 c.14 § 2]
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