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PARKS AND RECREATION DEPARTMENT
DIVISION 19
LAND ACQUISITION AND EXCHANGE
736-019-0000
Scope and Purpose
This division implements the statutory mandate in ORS 390.112 to describe criteria for the acquisition and development of new historic sites, parks and recreation areas. The purpose of this division is to establish a methodology for consideration of land acquisition and land exchange that will allow the Parks and Recreation Department to:
(1) Identify and acquire the best representative landscapes and most significant sites in Oregon for the purpose of protecting the State's most valuable natural, scenic, cultural, historic, and recreational resources;
(2) Ensure the general public's access to and enjoyment of these sites as compatible with OPRD cultural and sustainability policies;
(3) Ensure that the themes of Oregon's natural and human history are woven into the master development plans of new and existing properties; and
(4) Foster appreciation and enjoyment of outdoor recreation resources by conserving, developing and maintaining waterways, scenic roads, highway corridors, trails and State recreation areas.
Stat. Auth.: ORS 390.121 & 390.124
Stats. Implemented: ORS 390.112 & 390.121
Hist.: PRD 11-2004, f. & cert. ef. 9-15-04; PRD 3-2011, f. & cert. ef. 3-30-11
736-019-0020
Definitions
As used in this division, unless the context requires otherwise:
(1) "Acquisition" means obtaining title to real property or any right or interest therein, or an interest in timber or other assets, by purchase, agreement, donation, exchange, gift, devise, or by exercise of eminent domain.
(2) "Commission" means the State Parks and Recreation Commission.
(3) "Department" means the State Parks and Recreation Department.
(4) "Director" means the State Parks and Recreation Department Director.
(5) "Exchange" means the simultaneous, mutual transfer between willing parties of one or more interests in land, timber, other assets of equal value, or any combination thereof,.
(6) "Other assets" means cash or forms of consideration other than land or an interest in timber, including but not limited to access rights, mineral rights, and water rights.
(7) "Third party" means any person other than the Department or the owner(s) of property that is the subject of an acquisition or exchange.
(8) “Overwhelming public benefit” means a Commission determination in the approval of a property exchange that accounts for the natural, scenic, cultural, historic, recreational, and operational benefits of a proposal that are likely to be above and beyond the monetary value of the exchange.
Stat. Auth.: ORS 390.121 & 390.124
Stats. Implemented: ORS 390.112 & 390.121
Hist.: PRD 11-2004, f. & cert. ef. 9-15-04; PRD 3-2011, f. & cert. ef. 3-30-11
736-019-0040
Policy
The Department shall use sound principles of real estate acquisition when acquiring or exchanging real property, comply with all federal and state laws pertaining to real property acquisition, and ensure the prudent use of public monies in its real property transactions. The Department aspires to:
(1) Ensure that the discharge of its fiduciary responsibility for the use of public funds receives the highest priority.
(2) Seek to preserve the public’s confidence in our business practices and stewardship of real estate assets.
(3) Conduct real estate transactions in an atmosphere of openness, honesty and integrity with land owners and the public, and maintain the confidentiality of such transactions to the extent allowed by law when it serves the public interest or to avoid harm to private citizens' interests.
(4) Balance the need for and benefits of public open space with impacts on local tax revenue and private economic opportunity.
Stat. Auth.: ORS 390.121 & 390.124
Stats. Implemented: ORS 390.112 & 390.121
Hist.: PRD 11-2004, f. & cert. ef. 9-15-04; PRD 3-2011, f. & cert. ef. 3-30-11
736-019-0060
Criteria for Acquisition
(1) The Department will:
(a) Establish and maintain a list of properties and areas of interest. The Department may acquire properties on that list as they become available, subject to approval and the availability of funds.
(b) Consider park master plans adopted pursuant to ORS 195.120, the State Trails Plan, the Willamette Greenway Plan or other plans adopted by the Commission that identify certain land acquisitions as desired and needed.
(c) Acquire properties as specifically directed by Acts of the Oregon Legislature.
(d) Acquire other properties that contribute to the established goals of the Department but were not previously included on a list of properties of interest or identified in a Department plan.
(2) The purpose of the Department and the public's interests are served when an acquisition satisfies one or more of the following objectives:
(a) Protects areas of outstanding natural, scenic, cultural, historic and recreational significance for the enjoyment and education of present and future generations.
(b) Consolidates state park parcels, trail systems or greenways so that more efficient management and administration of the state park system is made possible.
(c) Provides a buffer to adjacent or nearby development that may diminish the recreation or conservation values of a state park parcel.
(d) Provides access to recreation areas for management or protection of state park parcels, and
(e) Addresses opportunities that may be lost to the Department if acquisition is delayed.
(3) The acquisition or exchange of all real property shall be consistent with the Department's purpose and its long-range planning goals, and shall be prioritized through a rating system. The rating system will evaluate an acquisition or exchange's significance as it relates to the Department's mission, development and operational costs, geographic distribution, diversity of values, public demand, and other factors connected to its feasibility as a state park. The Commission will periodically review the rating system.
(4) The Department will look favorably at opportunities for acquisitions and exchanges that enhance the overall management of existing park lands.
Stat. Auth.: ORS 390.121 & 390.124
Stats. Implemented: ORS 390.112 & 390.121
Hist.: PRD 11-2004, f. & cert. ef. 9-15-04; PRD 3-2011, f. & cert. ef. 3-30-11
736-019-0070
Criteria for Exchange
(1) In considering an acquisition that includes a sale or exchange of real property owned by the Department, the Department will:
(a) Apply all elements of the “Criteria for Acquisition” provided in OAR 736-019-0060, and
(b) Apply the provisions of sections (2) or (3) of this rule.
(2) For exchanges that it initiates, the Department will:
(a) Identify for the Commission the reasoning and justification for an exchange based on the Department’s mission, strategies, objectives, and work plan, and
(b) Undertake exchanges only if there is a significant benefit to the Department. Examples of a significant benefit to the Department include, but are not limited to:
(A) Adding properties that adjoin properties owned by the Department,
(B) Improving the Department’s access to one or more properties owned or operated by the Department,
(C) Resolving in-holdings,
(D) Property line adjustments that facilitate operations or management, and
(E) Acquiring identified property needs.
(3) For exchanges that a party other than the Department initiates, the Department will:
(a) Determine whether the exchange aligns with the Department’s mission, strategies, objectives, and work plan,
(b) Inquire whether the local county and local communities support the exchange,
(c) Determine whether the exchange will accommodate public use and access, and be in the best interest of the Department,
(d) Submit an Agency Surplus Real Property Notification to the Department of Administrative Services and request the notification of adjacent cities, appropriate counties and all state agencies for the sale, transfer, or exchange of any real property right from Department ownership.
(e) Require the proponent provide the Department a written environmental review for all lands the Department is to receive in the exchange. The Department may determine that an environmental report provides information that further requires that the proponent to provide additional environmental assessment, and
(f) Require that all proposals made to the Department be in writing with adequate detail for the Department to evaluate the transaction for:
(A) Natural resource impacts and protection,
(B) Cultural resource impacts and protection, and
(C) Overwhelming public benefit to the parks system.
(4) To approve an exchange that a party other than the Department initiates, the Commission shall determine that the proposed exchange provides an overwhelming public benefit to the Oregon State Park system, its visitors, and the citizens of Oregon. The Commission has sole discretion to determine whether a proposal provides an overwhelming public benefit to the Oregon State Park system, its visitors, and citizens, which is resounding, clear and obvious. An overwhelming public benefit to the Oregon State Park system, may include, but is not limited to, an exchange in which the Department receives:
(a) One or more properties in areas of interest listed pursuant to OAR 736-019-0060(1)(a),
(b) An endowment for long-term stewardship that provides significant and meaningful stewardship resources to the Department, or
(c) Other contributions to the Oregon State Park system, beyond the property to be received, which the Commission determines when combined with the property to be received by the Department, and when weighed against the property to be transferred out of the Oregon State Park system, along with all of the Departments transaction costs, will result in an overwhelming public benefit to the Oregon State Park system.
Stat. Auth.: ORS 390.121 & 390.124
Stats. Implemented: ORS 390.112 & 390.121
Hist.: PRD 3-2011, f. & cert. ef. 3-30-11
736-019-0080
Sources of Funding
The Department will:
(1) Purchase lands with appropriations granted by the Legislature.
(2) Use proceeds from land sales to purchase other lands pursuant to ORS 390.121(3).
(3) Accept donated private funds and donated lands.
(4) Seek state, federal and private grants for land purchases when appropriate.
(5) Employ land exchanges when the land traded away is less suitable for open space and recreation than the land received.
Stat. Auth.: ORS 390.121 & 390.124
Stats. Implemented: ORS 390.112 & 390.121
Hist.: PRD 11-2004, f. & cert. ef. 9-15-04; PRD 3-2011, f. & cert. ef. 3-30-11
736-019-0100
Acquisition Practices
(1) The Department will:
(a) Engage in land purchases and land sales in which the value of the land is established by an up-to-date appraisal prepared by an independent professional appraiser or a qualified government employee.
(b) Obtain an independent review of appraisals when the appraised value exceeds $250,000.00.
(c) Consult with local taxing entities of government when a land purchase has potential to cause a significant loss of property tax revenue.
(d) Seek to purchase from willing sellers as the preferred method of buying land.
(e) Exercise the greatest of restraint in using the power of eminent domain consistent with the spirit and intent of the laws authorizing such power.
(f) Acquisitions and exchanges shall be made only with approval of the Commission.
(g) The Director may pay up to $10,000.00 for an option or earnest money agreement if there is a high degree of certainty, without committing a future Legislature, that the funds to complete the subject purchase will be forthcoming. Option payments in excess of $10,000.00 shall only be made if approved by the Commission.
(h) The Department will utilize sound business principles in securing appraisals and conducting negotiations, and shall complete its due diligence in connection with all real property acquisitions and exchanges, including the request for and review of title searches, hazardous material assessments, agreements with third parties intended to facilitate an acquisition by the Department, and any other documents necessary to make the best decision regarding a land purchase or exchange.
(i) Appraisals upon which the Department makes an offer must be dated as close in time to the expected closing as possible, and not be older than one year.
(j) The Department will require the appraiser to consider the new, anticipated, or intended use, income, or zone, if the Grantee proposing an exchange or sale intends, or is likely to pursue, a different highest and best use than the Department’s current use or zone.
(k) Submit an Agency Surplus Real Property Notification to the Department of Administrative Services and request the notification of adjacent cities, appropriate counties and all state agencies for the sale, transfer, or exchange of any real property right from Department ownership.
(l) Conduct a visual inspection and check the records for historical uses of any land considered for acquisition. If either the visual inspection or historic records provide information the Department determines merits further investigation of environmental issues, the Department will engage in additional environmental review.
(2) In addition to the practices describe in section (1) of this rule, when acquiring ownership of or interests in lands abutting, adjacent or contiguous to the ocean shore for state recreation areas or access where such lands are held in private ownership, the department will also consider the criteria provided in ORS 390.630.
Stat. Auth.: ORS 390.121 & 390.124
Stats. Implemented: ORS 390.112 & 390.121
Hist.: PRD 11-2004, f. & cert. ef. 9-15-04; PRD 3-2011, f. & cert. ef. 3-30-11
736-019-0120
Working with Other Parties
The Department may collaborate on land acquisitions with other parties, including county governments, state and federal agencies, non-profit organizations, private corporations, landowners, and private land trusts. It is the policy of the Department to seek out and engage in land acquisition collaborations when they are of mutual benefit and further the attainment of shared values and goals. In general, in addition to compliance with the rest of this division, the Department considers the following elements to be important to successful collaboration on land acquisitions:
(1) Acquisition opportunities must align with the goals, strategies, and priorities for land acquisition established by the Commission;
(2) The potential partner engages with the Department early in the process, and frequently throughout, including full disclosure and transparency on all of the details of the proposal. The Department commits to treat partners in the same way, both for projects brought to it, and where the Department seeks out a collaborator;
(3) An understanding by the potential partner that discussions with the Department staff are preliminary and that only the Commission may approve a land acquisition;
(4) The Department is very willing to give attention and publicity to projects and the accomplishments of partners and believes its participation in a deal can add to that;
(5) A demonstration that the county, local community, interested state and federal agencies support the acquisition, and that the acquisition accommodates public use and access;
(6) An understanding by the potential partner that the Department must undertake real estate transactions in a transparent manner and involve willing sellers who are paid fair market value and only after due diligence has been done, and risks adequately addressed; and
(7) A recognition that the Department is subject to specific and extensive state statutes, rules, and public accountability.
Stat. Auth.: ORS 390.121 & 390.124
Stats. Implemented: ORS 390.112 390.117(5) & 390.121
Hist.: PRD 11-2004, f. & cert. ef. 9-15-04; PRD 3-2011, f. & cert. ef. 3-30-11
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