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The Department of State Lands (DSL) grants easements for the use of state-owned land managed by the agency.
An easement gives the holder the right to use state-owned land for a specific purpose and length of time.
It does not convey any proprietary or other rights of use other than those specifically granted in the easement authorization.
Uses of state-owned land that may be subject to an easement include, but are not limited to:
Gas, electric and communication lines (including fiber optic cables);
Water supply pipelines for other than domestic or irrigation purposes, ditches, canal, and flumes;
Sewer, storm and cooling water lines;
Bridges, skylines and logging lines; roads and trails; and railroad and light rail track.
Rules Governing the Granting of Easements
Two sets of administrative rules govern the granting of easements:
- OAR 141-083-0800 through 141-083-0860 provide guidance for the issuing of easements for fiber optic and other cables on state-owned submerged and submersible land within the Territorial Sea.
- OAR 141-122-0010 through 141-122-0110 govern the granting of easements and temporary use permits on Trust and Non-Trust Land.
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Cable installation, territorial sea
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The term of an easement depends on the type of use and location of the easement, among other factors.
For fiber optic and other cables in the Territorial Sea, the initial term is 20 years, renewable upon request for an additional 20 years.
For easements on other state-owned land, the term is 10 years or less for a temporary easement; 10 to 30 years for a term easement, and in perpetuity for a permanent easement.
Compensation to DSL for an easement depends on the type of use and the size of the area within the easement. For some uses, state statutes provide the amount of compensation payable.
However, for easements on state-owned land not subject to statutory requirements, the compensation is the greater of 100% of the appraised value of the area requested, $250, or the highest comparative compensatory value payment reported by the applicant. State statute ORS 758.010 prohibits DSL from charging compensation for fiber optic and other cables in the Territorial Sea unless they are within the limits of a city.
It is important to note that a number of uses subject to easement may be exempt from payment or compensation. Nevertheless, an easement must be obtained from DSL for the use.
NOTE: Many easements also need a removal-fill permit from DSL.
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