OAR 734-035-0140: Authorization for the Use of Department Real Property in Lieu of a Lease or Easement

(1) The Department may issue written authorization for the use of real property under the jurisdiction of the Department, in lieu of an easement or lease, when in the judgment of the Department's Right of Way Manager any of the following are true: (a) The fair market value of the real property is difficult to ascertain or is negligible due to the size, location, configuration, or other features of the parcel of real property sought to be used; or (b) The fair market value of the real property is difficult to ascertain or is negligible as a result of the existence of local land use restrictions on the parcel of real property sought to be used; or (c) The benefit to the Department in having the real property occupied and maintained exceeds the probable fair market value of the parcel of real property sought to be used. (2) The charge for use of the real property shall be based on the costs incurred by the Department in the issuance of the written authorization as set forth below. For all authorizations the user of the real property shall pay an initial use charge of $50, $150 or $250, as determined by the Department, based on the amount of research and preparation required to issue the authorization. Thereafter, the user of the real property shall pay an annual use charge at the rate of: (a) $0 — when the benefits to the Department exceed the probable fair market value of the parcel of real property sought to be used; or (b) $100 — when little or no field inspection and no plan review is required to issue the authorization, and no on-going inspection of the use is required; or (c) $250 — when field inspection, plan review, or both, are required to issue the authorization, or when on-going inspection of the use is required.