OAR 125-045-0240: Transfer of Property with Restrictions

(1) If the State’s title to a State Real Property Interest is limited, qualified, or restricted, whether by dedication or otherwise, to use as a burial ground, cemetery, or for the purpose of interring the remains of deceased persons, the Disposing Agency will follow the procedures defined in ORS 270.110(2) prior to transfer of the State Real Property Interest. (2) A Disposing Agency may place Property Restriction(s) on the use of the Real Property Interest sold or otherwise transferred to a Nonprofit Organization, Indian Tribe, or Political Subdivision, including but not limited to requirements that: (a) The Real Property Interest must be used solely for a public purpose or benefit; and (b) The Real Property Interest may not be resold to a private purchaser without the consent of the Division. (3) A Disposing Agency may place Property Restriction(s) on the use of a Real Property Interest without regard to the nature of the acquiring entity. Property Restriction(s) may take the form of a reversionary clause, which requires one or more of the following remedies: Financial consideration, other consideration, or the return of title to the Real Property Interest or a portion thereof to the Disposing Agency.