Or. Admin. Code § 734-035-0110

Current through Register Vol. 63, No. 10, October 1, 2024

Section 734-035-0110 - Exception to Appraisal Requirements and Publication of Notice of Sale

(1) Purpose. The purpose of this rule is to establish criteria and procedures to exempt surplus real properties from the usual appraisal and public notice requirements prior to disposal, as allowed by ORS 184.634.

(2) Definitions. The following definitions apply to this rule:

(a) "Minimal value" means a value of $20,000 or less.

(b) "Formal appraisal" means the appraisal process described in OAR 734-035-0080.

(3) Exempt Properties. Notwithstanding OAR 734-035-0080 and 734-035-0090, the Department may sell or dispose of real property or an interest therein direct to a private party without publication of a notice of sale or formal appraisal when:

(a) The property, because of its size, shape, location, utility, condition of title, or restriction imposed upon the property by the Department, has minimal value and is useful only to adjacent property owners; or

(b) The property may not be disposed of to anyone other than adjacent property owners because of local land use ordinances.

(4) Requirements in lieu of formal appraisal and publication:

(a) When, under this rule, a property is exempt from the formal appraisal process, the Department will determine the value of the property. The Department may use valuations or appraisals of comparable properties, assessors' reports, or any other data that adequately demonstrates the value of the subject property. The Department will include in its file the data it used to determine the value or a summary of the data.

(b) When, under this rule, a property is exempt from the publication requirements of OAR 734-035-0080 or 735-035-0090, the Department will notify adjacent property owners, and the local road authority when the property is adjacent to a road, of the proposed sale of real property at least 21 days before the date of the sale of the real property. The 21 days will be counted from the date the notice is hand delivered to the address, or from the date of mailing. The following apply to notification:

(A) The notification must be in writing and include a description of the property to be sold, the terms of purchase, and an opportunity to bid;

(B) The Department will notify by hand delivery, or by certified or registered mail, at the discretion of the Department. Delivery or mailing will be to the last known residence address of the adjacent property owner(s) of record in the county clerk's office in the county where the property is located. If the Department has another address it believes to be more current, it may use that address in place of the address on file with the county clerk; and

(C) Actual receipt of the notice by the adjacent property owner is not necessary for the Department to meet the requirements of this rule.

Or. Admin. Code § 734-035-0110

HWY 9-1990, f. & cert. ef. 5-24-90; HWD 3-2005, f. & cert. ef. 4-26-05

Stat. Auth.: ORS 184.616, 184.619 & 184.634

Stats. Implemented: ORS 184.634