Or. Admin. Code § 141-073-0125

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

Section 141-073-0125 - Form of Reservation

Whenever mineral or geothermal resources rights are retained in lands, the deed executed by the state agency selling or exchanging the surface rights shall contain the following reservation clause:

"Excepting and reserving to itself, its successors, and assigns all minerals as defined in ORS 273.775(1), including soil, clay, stone, sand, and gravel*, and all geothermal resources, as defined in ORS 273.775(2), together with the right to make such use of the surface as may be reasonably necessary for prospecting for, exploring for, mining, extracting, reinjecting, storing, drilling for, and removing, such minerals, materials*, and geothermal resources. In the event use of the premises by a surface rights owner would be damaged by one or more of the activities described above, then such owner shall be entitled to compensation from state's lessee to the extent of the diminution in value of the real property, based on the actual use by the surface rights owner at the time the state's lessee conducts any of the above activities."

NOTE: *To be deleted in the individual case, as approved by the State Land Board.

Or. Admin. Code § 141-073-0125

LB 23, f. 4-18-75, ef. 5-11-75; LB 45, f. & ef. 10-21-77; LB 2-1982(Temp), f. & ef.3-17-82; LB 8-1982, f. & ef. 8-25-82; LB 3-1984(Temp), f. & ef. 4-26-84; LB 5-1984, f. & ef. 10-10-84; DSL 1-2005, f. 2-11-05, cert. ef. 2-28-05

Stat. Auth.: ORS 273.045, 273.551 & 273.775 - 273.790

Stats. Implemented: ORS 273.780 - 273.790