Land Clearinghouse Services

Overview

House Bill 4037 (2026) made changes to the clearinghouse process in ORS 270.100, these statutory changes are effective from June 5, 2026. DAS has drafted updates to the real property rules under Chapter 125 Division 45; you can request a copy for review by email to res.info@das.oregon.gov, Final rules are expected to be in place in September 2026. Between June 5 and when the rules are enacted agencies are advised to follow the process below, which is based on the new rules.

Agencies who believe there is only one possible transaction partner can request the department consider a ‘futile act’ request to dispense with the clearinghouse process.

State agencies owning real property may declare it surplus to their needs and report to the Department of Administrative Services (DAS) intent to sell the property. DAS issues a 30-day notice of sale of surplus property as required in ORS 270.100 to other state agencies, nonprofit organizations, Indian Tribes and local government units. DAS will also post the notice on a web page. Interested buyers will respond to the notice telling DAS they want to buy the property for fair market value. Potential buyers enter into a Pre-purchase Agreement with the selling agency within 60 days.

Before June 5, 2026: Selling agency considers the interested buyers in this order of priority:

Other state agencies have priority status to buy surplus real property.
Nonprofit organizations (as defined in OAR 124-045-0205) and Indian Tribes (as defined in ORS 97.740) may buy surplus real property on the condition that they develop low-income housing on the property. Low- income means families and Individuals with incomes no greater than 80 percent of the median family income for the county where the property is located. Selling agency will include a deed restriction in the sale contract.
Political Subdivisions (local government units as defined in ORS 271.005 (3)) may buy the property for other public purpose in addition to low-income housing. The local government may not resell the property to a private purchaser. ORS 271.330 requires that property be used for a public purpose for not less than 20 years before re-sold.
The Public may buy surplus real property only if not purchased by a state agency, nonprofit organization, Indian Tribe or political subdivision. Interested buyers work with the selling agency to buy the property. Agencies may sell smaller assets with limited value “as-is” by public bid. If the property has an appraised value exceeding $5,000, the property may not be sold to any private person except after notice described in ORS 270.130. If the property is valued at $100,000 or more, ORS 270.105 (2) and 270.120 (6) require review by the Public Lands Advisory Committee (PLAC). DAS will work with the selling agency to place the property on a meeting agenda of the PLAC, inviting public comment. The PLAC will review the sale and consider all the values of the property to the people of Oregon.

After June 5l 2026: The clearinghouse now has a new order of priority for interested buyers:

Other state agencies.
Any lessee of the land (agencies should inform any lessee of this opportunity).
Indian Tribes (for the development of income restricted housing at or below 120% of Area Median Income (AMI)).
Political Subdivisons (for 120% of AMI housing).
Nonprofit organizatons or housing authorities (for 120% AMI housing).
Any person (for 120% AMI housing).
An adjacent property owner (agencies should inform adjacent property owners of this opportunity).
Political Subdivisions (for other uses).
Indian Tribes (for housing).
Political Subdivisions (for housing).
Nonprofit organizatons or housing authorities (for housing).
Any person (for housing).

Because of the increased eligibility for the clearinghouse, agencies are advised to determine fair market value before starting the process. Agencies are also encouraged to publish notice under ORS 270.130 in coordination with the DAS issued notice to provide awareness to eligible entities

Eligible entities can find information on how to respond to opportunities here.

DAS will inform the agency of any responses received. The agency should sort responses into the order of priority listed above and engage with interested buyers starting at the highest rank. Agencies are advised to provide at least 30 days to each group of buyers in each order of priority to agree to a transaction before moving on to lower ranked buyers.

Selling agency sells the property at fair market value with a DAS-approved appraisal.

Certain agencies and types of real property are exempt from this process. However, prior approval by DAS is required for the sale of real property for less than the fair market value of the public property.

Payment for these services is covered through an existing assessment.