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OREGON UNIVERSITY SYSTEM
DIVISION 60
REAL PROPERTY, FACILITY, AND CAMPUS PLANNING
580-060-0000
Authority
These rules establish the procedures that will be followed by Public Universities of the Oregon University System to acquire, receive, hold, control, convey, sell, manage, operate, lease, lend, improve, and develop all real property of the Public Universities under the control of the Board.
Stat. Auth.: ORS
351
Stats. Implemented:
Hist.: OSSHE
5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert.
ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13
580-060-0005
Definitions
All capitalized terms in chapter 580, division 60 have the meanings set forth in OAR 580-061-0010 unless the context requires otherwise or except as stated.
Stat. Auth.: ORS
351
Stats. Implemented:
Hist.: OSSHE
5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert.
ef. 7-21-08
580-060-0010
Comprehensive Plan Coordination
Each of the Public Universities will maintain a long-range campus development plan covering all real property under its control and management. The combined Public University plans will be known as the Oregon University System Comprehensive Plan. Institutional plans, and revisions thereof, will be approved by the President and by the Chancellor or designee. The Chancellor or designee will approve revisions to the campus boundaries.
Stat. Auth.: ORS
351
Stats. Implemented:
Hist.: OSSHE
5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert.
ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13
580-060-0015
Records
Each OUS Public University will maintain the official records of all documents that affect real property under its control and management. Documents affecting real property include, but are not limited to, all instruments that acquire, transfer, sell, or alter the character of land.
Stat. Auth.: ORS
351
Stats. Implemented:
Hist.: OSSHE
5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert.
ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13
580-060-0020
Purchase of Real Property
(1) All purchases of real property will be for the present or future development of the Public University.
(2) Legal title to all real property purchased must be taken and held in the name of the State of Oregon.
(3) The President is delegated the authority to execute conveyances for the purchase of real property after the following have been performed to satisfaction of the President:
(a) Obtain at least one appraisal by a licensed and experienced real estate appraiser estimating the fair market value;
(b) Complete an environmental assessment and determine that any risk associated with the real property is reasonable;
(c) Determine that sufficient ongoing revenues are available to operate and maintain the property
(4) If the consideration for the purchase is $5,000,000.00 or more, the President must receive the prior approval of the State Board of Higher Education or an appropriate standing committee of the Board.
Stat. Auth.: ORS
351
Stats. Implemented:
Hist.: OSSHE
5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert.
ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13
580-060-0025
Gifts of Real Property
(1) Legal title to all real property gifted to a Public University must be taken and held in the name of the State of Oregon.
(2) The President is delegated the authority to execute conveyances for the gift of real property after the following have been performed to satisfaction of the President:
(a) Complete an environmental assessment and determine that any risk associated with the real property is reasonable under the circumstances;
(b) Determine that sufficient ongoing revenues are available to operate and maintain the property.
Stat. Auth.: ORS
351
Stats. Implemented:
Hist.: OSSHE
5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert.
ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13
580-060-0030
Condemnation
Acquisition of real property by condemnation will be conducted in accordance with ORS Chapter 35 and must be approved by the Board.
Stat. Auth.: ORS
351
Stats. Implemented:
Hist.: OSSHE
5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert.
ef. 7-21-08
580-060-0035
Sale of Real Property
(1) The President is delegated the authority to execute conveyances for the sale of real property after the following have been performed to satisfaction of the President:
(a) Obtain at least one appraisal by a licensed and experienced real estate appraiser estimating the fair market value;
(b) Verify with the Chancellor’s Office regarding whether any tax exempt financing was used to purchase or improve the property and, if any such debt remains outstanding, coordinate with the Chancellor’s Office to ensure continued compliance with IRS regulations.
(2) If the consideration for the sale is $5,000,000.00 or more, the President must receive the prior approval of the State Board of Higher Education or an appropriate standing committee of the Board.
Stat. Auth.: ORS
351
Stats. Implemented:
Hist.: OSSHE
5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert.
ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13
580-060-0040
Easements
(1) The President is delegated the authority to execute easements and other nonpossessory interests in real estate.
(2) If granting an easement, the President shall first verify with the Chancellor’s Office regarding whether any tax exempt financing was used to purchase or improve the property and, if any such debt remains outstanding, coordinate with the Chancellor’s Office to ensure continued compliance with IRS regulations.
Stat. Auth.: ORS
351
Stats. Implemented:
Hist.: OSSHE
5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert.
ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13
580-060-0045
Use of Board Property
(1) If a Public University intends to lease or license real property owned by the Board and either (a) the term of the lease or license exceeds 50 days in total or (b) the arrangement was not set at fair market value, then prior to the execution of the lease or license, the President or designee will confer with the OUS Controller's Division to determine compliance with bond restrictions.
(2) The President or designee will obtain prior approval of the State Board of Higher Education or an appropriate standing committee of the Board for agreements permitting the construction on or renovation to Board-owned property if such improvements exceed $5 million during the term of the agreement. To obtain approval from the State Board of Higher Education or an appropriate standing committee of the Board, the Public University must specify where funding for operations and maintenance will come from.
(3) If the Public University permits construction on or renovation to Board-owned property, the Public University must approve all plans and specifications prior to the commencement of work and obtain record drawings upon termination of the agreement or completion of the work, whichever first occurs.
(4) Public Universities normally will not make available Public University buildings and other facilities to individuals for essentially private use or to outside organizations, unless approved in Public University policy or required by law. Exceptions will be made only if the proposed use is consistent with Public University policies and missions and the individual or organization fully reimburses the Public University for all appropriate costs.
Stat. Auth.: ORS
351
Stats. Implemented:
Hist.: OSSHE
5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert.
ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13
580-060-0050
Leases
(1) A President is delegated the authority to execute leases of real property.
(2) If the consideration for the lease is from $5,000,000 to $15,000,000 or the term of the lease is over 10 years but less than 15 years, the President must receive the prior approval of the Chancellor.
(3) If the consideration for the lease is over $15,000,000 or the term of the lease is over 15 years, the President must receive the prior approval of the State Board of Higher Education or an appropriate standing committee of the Board.
(4) Prior to executing an amendment to a lease, the President must receive approval under subsection (2) or (3) based on the consideration or term of the amended lease.
Stat. Auth.: ORS
351
Stats. Implemented:
ORS 351
Hist.: OSSHE
5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert.
ef. 7-21-08; OUS 4-2011(Temp), f. & cert. ef. 11-10-11 thru 5-7-12; Administrative
correction, 5-25-12; OUS 9-2012, f. & cert. ef. 6-18-12; OUS 1-2013(Temp), f.
& cert. ef. 4-10-13 thru 9-30-13
580-060-0055
Naming Buildings
A President is authorized to name buildings. No building or structure of the Oregon University System will be named after a living person. However, the Chancellor, or designee may make exceptions to this rule if a donor contributes a substantial share of the cost of construction or if other unusually meritorious reasons exist.
Stat. Auth.: ORS
351
Stats. Implemented:
Hist.: OSSHE
5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert.
ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13
580-060-0060
Board of Higher Education-Provided Housing
(1) Consistent with ORS 182.415 to 182.435, the Board will collect rent for housing provided to officers and employees. Each Institution will:
(a) Examine periodically, but not less frequently than once every five years, each rental unit's fair rental value. Fair rental value will be determined by a qualified appraiser certified under ORS 308.010 or licensed or certified under 674.310. The rental rate will be adjusted annually to reflect changes in community real estate values, if any.
(b) Collect rent for such housing based on the fair rental value, subject to any rental rate reductions authorized in subsection (2).
(c) Deposit such rental income in an appropriate Institution account.
(d) Provide no furnishings except as authorized by ORS 182.415(1).
(e) Determine whether to provide or to what extent the Institution will provide utilities and services for each housing unit.
(2) Each Institution providing housing for officers or employees may reduce the rent charged, by up to 100 percent from the fair rental value based on the following factors:
(a) Rental reduction for Institution need provided.
(A) If residence in the housing unit is a job requirement, as evidenced by contract or position description and not offered as an incentive or a fringe benefit to the resident state employee — 50 percent reduction; or
(B) If residence in the housing unit is not a job-related requirement but it is a distinct advantage to the Institution to have the officer or employee live near the job in case of an emergency or for general protection of Board property in the area — 20 percent reduction; or
(C) If residence in the housing unit is not a job requirement and the only advantage to the Institution is to reduce the chance of vandalism and deterioration to a Board-owned or controlled residence — 10 percent reduction; or
(D) If residence in the housing unit is not a job requirement nor is it for the benefit of the Institution, but is solely for the benefit of the occupant – No reduction.
(b) Rental reduction for invasion of privacy.
(A) If the housing unit or a significant part of it is used for a public office or public business or is so located that invasion of privacy by the public or by guests invited for Institution-related activities is expected or usual — 30 percent reduction; or
(B) If the public is not invited and invasion of privacy is not the usual occurrence, but the residence location or architecture plainly indicates state ownership and there is little or no restriction of public or Institution client traffic — 20 percent reduction; or
(C) Invasion of privacy is an occasional or seasonal occurrence and there is some restriction to public traffic — 10 percent reduction; or
(D) Invasion of privacy is no more than would be expected for an average privately owned residence — No reduction.
(c) Rental reduction for isolation.
(A) If the housing unit is located in an isolated area, defined as being more than 50 miles distance or 90 minutes travel by automobile from the nearest full service community, or the travel conditions are usually severe or hazardous — 20 percent reduction. A full-service community is one with a supermarket, department store, medical doctor, dentist, church, school, etc; or
(B) If the housing unit is located 30 to 50 miles distance or 60 to 90 minutes travel by automobile from the nearest full-service community or the travel conditions are seasonally severe or hazardous — 15 percent reduction; or
(C) If the housing unit is located 10 to 30 miles distance or 30 to 60 minutes travel time by automobile from the nearest full-service community, the travel conditions are only occasionally severe or hazardous — 10 percent reduction; or
(D) The housing unit is located within 10 miles and not over 30 minutes travel time by automobile from the nearest full-service community and the travel conditions are rarely severe or hazardous — No reduction.
(d) Rental reduction for unique conditions. Certain unique conditions may arise or exist in addition to those in subsections (a)–(c) above. Rent may be reduced as follows:
(A) To correct inequities between the fair rental value as determined in subsection (1) and the salary of the officer or employee occupying the residence — reduction to the extent necessary and reasonable;
(B) Because of unique conditions in the Board's title to the property (e.g., the Board's ownership is conditioned upon residence by a specified employee) — up to 100 percent of the fair rental value; and
(C) Other factors necessary for effective program management (cannot include factors reflecting only the convenience or comfort of an employee) — a reduction of up to 20 percent.
(3) At least once every five years, Institutions will prepare a report indicating the fair rental value of each housing unit, the date of the most recent appraisal, and the amount of any reductions from the fair rental value and the reasons for the reductions. This report will be available for public inspection.
Stat. Auth.: ORS
351, 182.415, 182.425 & 351.070
Stats. Implemented:
Hist.: OSSHE
5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert.
ef. 7-21-08; Suspended by OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13
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