Oregon Administrative Rules
Chapter 141 - DEPARTMENT OF STATE LANDS
Division 122 - RULES FOR GRANTING EASEMENTS ON TRUST LANDS
Section 141-122-0060 - Compensation

Universal Citation: OR Admin Rules 141-122-0060

Current through Register Vol. 63, No. 9, September 1, 2024

(1) Except as provided in OAR 141-122-0060(3), the Department will, prior to granting an easement, require an applicant to submit to the Department a compensatory payment for each individual crossing or use of state-owned land in the greatest of:

(a) 100 percent of the market value of the area requested for the easement if it is on, over or above state-owned upland for uses as defined in OAR 141-122-0010(2) and (3). Market value is either:
(A) Real market value as determined by the county tax assessor for DSL parcel impacted and the benefitting tax lot(s); or

(B) An appraised value that is acceptable to the Department and that has been prepared by a qualified state-certified appraiser.

(b) Minimum compensation fee as follows:
(A) Utilities: $3,500.00

(B) Roadways: $2,500.00

(C) Miscellaneous Development: $1,000.00

(2) If required by the Department, applicants must also submit to the Department a payment in an amount to be determined by the Department for the market value of any commercially valuable timber, sand and gravel, or other natural resources in the easement area which must be removed during or after placement of the proposed use, or which cannot be developed because of the easement use. Such payment shall be due at a date to be determined by the Department.

(3) The Department may, in lieu of a cash compensatory payment, negotiate a non-cash compensatory payment equivalent to or greater than the compensation required under OAR 141-122-0060(1).

Statutory/Other Authority: ORS 273.045

Statutes/Other Implemented: ORS 273.761, 274.040, 274.720, 376.620, 530.050, 530.490 & 758.010

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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