2021 Oregon Revised Statutes
Chapter 271 - Use and Disposition of Public Lands Generally; Easements
Section 271.745 - Validity of conservation or highway scenic preservation easement.


(1) It is not appurtenant to an interest in real property;
(2) It can be or has been assigned to another holder;
(3) It is not of a character that has been recognized traditionally at common law;
(4) It imposes a negative burden;
(5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
(6) The benefit does not touch or concern real property; or
(7) There is no privity of estate or of contract. [1983 c.642 §4; 1985 c.160 §4]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 07 - Public Facilities and Finance

Chapter 271 - Use and Disposition of Public Lands Generally; Easements

Section 271.005 - Definitions for ORS 271.005 to 271.540.

Section 271.080 - Vacation in incorporated cities; petition; consent of property owners.

Section 271.110 - Notice of hearing.

Section 271.130 - Vacation on city governing body’s own motion; appeal.

Section 271.180 - Vacations in municipalities included in port districts; petition; power of common council; vacating street along railroad easement.

Section 271.200 - Petition; notice.

Section 271.230 - Records of vacations; fees.

Section 271.300 - Application and administration of ORS 271.300 to 271.360; rules.

Section 271.310 - Transfer or lease of real property owned or controlled by political subdivision; procedure in case of qualified title; notice; rules.

Section 271.330 - Relinquishing title of property not needed for public use.

Section 271.335 - Relinquishing reversionary interest held by political subdivision.

Section 271.390 - Lease or purchase of real estate by public body or council of governments; financing agreement.

Section 271.445 - Installation of fiber-optic lines on public land and in public right of way.

Section 271.530 - Powers of counties and cities to acquire and dispose of industrial facilities.

Section 271.600 - Use of term "squaw"; exceptions.

Section 271.715 - Definitions for ORS 271.715 to 271.795.

Section 271.725 - Acquisition and creation of conservation or highway scenic preservation easement.

Section 271.729 - Report on effect of conservation or highway scenic preservation easement on property value; fee.

Section 271.735 - Hearing; notice.

Section 271.745 - Validity of conservation or highway scenic preservation easement.

Section 271.755 - Action affecting conservation or highway scenic preservation easement; standing to bring action.

Section 271.765 - Applicability.