OAR 125-045-0222: Responses to Clearinghouse Notices

(1) If Transacting Agency is unable to agree to terms with any Agency, the Transacting Agency may seek to acquire a Real Property Interest from other private individuals or entities via any commercially accepted practice. (2) If no Agencies respond to a disposition notice, or if the Transacting Agency is not able to reach agreement with any Agency, the following entities may negotiate with the Transacting Agency in the following order: (a) Nonprofit Organizations and Indian Tribes in the order in which they were received; and (b) Political Subdivisions in the order in which they were received. (3) The Transacting Agency must consider any bona fide offers submitted in response to the Clearinghouse notice, but is not required to accept any offer. (4) If two or more Nonprofit Organizations, Indian Tribes or Political Subdivisions make bona fide offers to acquire a State Real Property Interest, the Transacting Agency will decide which, if any, offer to accept. (5) Nonprofit Organizations and Indian Tribes must use the Real Property Interest to develop Affordable Housing. Transacting Agency will include a deed restriction to this effect. Political Subdivisions are not subject to this restriction. (6) The Transacting Agency may place any conditions on the transfer of a State Real Property Interest as described in 125-045-0240, Transfer of Property with Restrictions. (7) The Transacting Agency need not use a competitive bidding process in connection with the Terminal Disposition of a State Real Property Interest to a Nonprofit Organization, Indian Tribe or Political Subdivision.