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title=31 page=1 <br /> 366.380 <br /> [Amended by 1957 c.656 §1; 1959 c.339 §1; 1967 c.479 §7; repealed by 1971 c.741 §38] <br /> 366.385 <br /> [Repealed by 1967 c.479 §8] <br /> 366.390 <br /> [Repealed by 1971 c.741 §38] <br /> 366.392 <br /> [1953 c.621 §1; subsection (2) enacted as 1961 c.404 §1; 1967 c.454 §36; repealed by 1971 <br />c.741 §38] <br /> 366.393 <br /> [1953 c.621 §2; subsection (2) enacted as 1961 c.404 §2; repealed by 1971 c.741 §38] <br /> 366.394 <br /> [1967 c.479 §10; repealed by 1971 c.741 §38] <br /> 366.395 Disposition or leasing of property; sale of forest products. <br /> (1) The Department of <br />Transportation may sell, lease, exchange or otherwise dispose or permit use of real or personal property, <br />including equipment and materials acquired by the department, title to which real or other property may <br />have been taken either in the name of the department, or in the name of the state, and which real or personal <br />property is, in the opinion of the department, no longer needed, required or useful for department purposes, <br />except that real property may be leased when, in the opinion of the department, such real property will not <br />be needed, required or useful for department purposes during the leasing period. The department may <br />exchange property as provided in subsection (3) of this section regardless of whether the property is needed <br />by, required by or useful to the department if, in the judgment of the department, doing so will best serve <br />the interests of the state. <br /> (2) The department may sell, lease, exchange or otherwise dispose of such real or personal property in <br />such manner as, in the judgment of the department, will best serve the interests of the state and will most <br />adequately conserve highway funds or the departments account or fund for the real or personal property. In <br />the case of real property, interest in or title to the same may be conveyed by deed or other instrument <br />executed in the name of the state, by and through the department. All funds or money derived from the sale <br />or lease of any such property shall be paid by the department to the State Treasurer with instructions to the <br />State Treasurer to credit such funds or moneys: <br /> (a) To the highway fund; or <br /> (b) To the departments account or fund for the property. The State Treasurer shall credit the funds and <br />moneys so received as the department shall direct. <br /> (3) Property described in subsection (1) of this section may be exchanged for other property or for <br />services. As used in this subsection, services includes, but is not limited to, public improvements as <br />defined in ORS 279A.010. <br /> (4)(a) Before offering forest products for sale the department shall cause the forest products to be <br />appraised. <br /> (b) If the appraised value of the forest products exceeds $15,000, the department shall not sell them to a <br />private person, firm or corporation except after a public auction to receive competitive bids. Prior to such <br />auction, the department shall give notice thereof not less than once a week for three consecutive weeks by <br />publication in one or more newspapers of general circulation in the county in which the forest products are <br />located and by such other media of communication as the department deems advisable. The minimum bid <br />price and a brief statement of the terms and conditions of the sale shall be in the notice. <br />http://www.leg.state.or.us/ors/366.html (22 of 50) [11/3/2008 3:32:17 PM] <br /> <br />