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 updated the real property rules under Chapter 125 Division 45 effective September 1, 2026.
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.
The clearinghouse now has a new order of priority for interested buyers:
- Other state agencies.
- Any lessee of the land (agencies must 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 Subdivisions (for 120% of AMI housing).
- Nonprofit organizations or housing authorities (for 120% AMI housing).
- Any person (for 120% AMI housing).
- An adjacent property owner (agencies must inform adjacent property owners of this opportunity).
- Political Subdivisions (for other uses).
- Indian Tribes (for housing).
- Political Subdivisions (for housing).
- Nonprofit organizations or housing authorities (for housing).
- Any person (for housing).
Because of the increased eligibility of buyers under the new clearinghouse process, agencies must determine fair market value before starting the clearinghouse process. Agencies must also publish notice of sale with legal description and asking price for three consecutive weeks in one or more newspapers of general circulation in the county where the property is located according to
ORS 270.130, in coordination with the DAS-issued notice to provide awareness to eligible entities.
additional information about the parcel is required, they should contact the selling agency directly at the email address provided in the notice.
DAS will inform the agency of any responses received. The agency must sort responses into the order of priority listed above and engage with interested buyers starting at the highest rank. Responding entity is expected to enter into a preliminary agreement with the selling agency within 30 days of starting negotiations. If buyer and agency cannot reach agreement within 30 days, agency will work with the next group of buyers in each order of priority.
Selling agency decides the most advantageous proposal for real property to be sold. Decision is not subject to review by any court according to
ORS 270.135. If no satisfactory proposal is received and sales activity has been discontinued for a period of 12 months or more, the agency must request DAS to issue another 30-day clearinghouse notice before considering new proposals.
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 DAS clearinghouse services are covered through an existing assessment.
Forms for Notices:
Agencies use these forms to notify DAS of property declared surplus or approved for purchase:
Laws and Rules: