Oregon Administrative Rules
Chapter 141 - DEPARTMENT OF STATE LANDS
Division 122 - RULES FOR GRANTING EASEMENTS ON TRUST LANDS
Section 141-122-0090 - Termination of an Easement
Universal Citation: OR Admin Rules 141-122-0090
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Department may terminate any easement:
(a) If
there is no use of, or development placed on the easement area for five
consecutive years;
(b) If the
easement is for a structure or facility necessary for the use of water on
state-owned land and the associated right to use water is cancelled by the
Oregon Water Resources Department or abandoned by the easement Holder. Upon
such termination, the Department will notify the easement Holder in writing
using the last known address reported by the easement Holder to the Department.
This notification will state that the easement has terminated, and that the
easement Holder will have 30 calendar days from the date of the notice to
respond in writing to the Director why the easement should be reinstated. The
Director will notify the easement Holder in writing of his/her decision within
60 calendar days of receipt of the request for reinstatement of the easement;
or
(c) If the Holder of the
easement fails to comply with these rules or the terms and conditions of the
easement, or violates other laws covering the use of their authorized area, the
Department will notify the Holder of the easement in writing of the default and
demand correction within a specified time frame. If the Holder of an easement
fails to correct the default within the time frame specified, the Department
may:
(A) Modify or terminate the easement;
or
(B) Invoke other remedies as
provided in OAR 141-122-0130.
(2) Notwithstanding the provision of OAR 141-122-0090(1), the Department will not terminate a term easement if the Holder of the easement is ready, but unable to commence the requested use within the five-year period due to their inability to obtain other required authorizations within the five-year period.
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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