Oregon Revised Statutes

Or. Rev. Stat. § 271.715 (2026)

Definitions for ORS 271.715 to 271.795

✓ current as of May 2026

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271.715 Definitions for ORS 271.715 to 271.795. As used in ORS 271.715 to 271.795, unless the context otherwise requires:

(1) “Conservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic or open space values of real property, ensuring its availability for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property.

(2) “Highway scenic preservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic or open space values of property.

(3) “Holder” means:

(a) The state, any county, metropolitan service district, soil and water conservation district, city or park and recreation district or a county service district established under ORS 451.410 to 451.610 to construct, maintain and operate service facilities in Washington or Clackamas County for the purposes specified in ORS 451.010 (1)(a) and (b) and in Washington County for the purpose specified in ORS 451.010 (5) acting alone or in cooperation with any federal or state agency, public corporation or political subdivision;

(b) A charitable corporation, charitable association or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property; or

(4) “Third-party right of enforcement” means a right provided in a conservation easement or highway scenic preservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association or charitable trust, that, although eligible to be a holder, is not a holder. [1983 c.642 §1; 1985 c.160 §1; 1997 c.249 §78; 1999 c.208 §1; 2001 c.708 §12; 2001 c.907 §2; 2003 c.467 §1; 2005 c.368 §1; 2023 c.9 §12]

271.720 [1967 c.318 §2; 1975 c.511 §1; 1981 c.787 §40; repealed by 1983 c.642 §11]

Notes of Decisions

Cited in 6 cases, 1991–2020 · leading case: Dodd v. Hood River Cnty., 855 P.2d 608 (Or. 1993).

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Dodd v. Hood River Cnty., 855 P.2d 608 (Or. 1993). · cites it 2× ““(2) Except as otherwise provided in ORS 271.715 to 271.795 and 390.805, a conservation easement * * * may be created, conveyed, recorded, assigned, *176 released, modified, terminated, or otherwise altered or affected in the same manner as other easements.”

Dodd v. Hood River Cnty., 836 P.2d 1373 (Or. Ct. App. 1992). “The basis for the denial of the application was that the proposed dwelling did not meet the criteria for forest dwellings in the regulatory ordinance.”

Oregonians in Action v. Land Conservation & Dev. Comm'n, 854 P.2d 1010 (Or. Ct. App. 1993). “” LCDC explains that the challenged part of the order simply gives effect to all three of those alternatives for purposes of authorizing farm dwellings and that the order is consistent with the rules as a whole. We agree. 3 OLA. argues that the effect of the regulation of…”

Ecobank, LLC v. Lane Cnty. Assessor (Or. T.C. 2020). · cites it 2× “The easement “must be capable of meeting the requirements for being considered exclusively for conservation purposes” under IRC section 170(h) “if the land or easement were ever to be the subject of a contribution.”

Lane Cnty. Assessor v. Briggs, 17 Or. Tax 87 (Or. T.C. 2002). · cites it 3× “ORS 271.715. 1 Not every entity may qualify as a holder of a conservation easement.”

Oregonians in Action v. Land Conservation & Dev. Comm'n, 809 P.2d 718 (Or. Ct. App. 1991). “610 et seq) and the statutes pertaining to “conservation easements” (ORS 271.715 et seq). Those assignments cannot be decided in this proceeding.”

— Or. Rev. Stat. § 271.715(1) — 1 case

Dodd v. Hood River Cnty., 855 P.2d 608 (Or. 1993). ““(2) Except as otherwise provided in ORS 271.715 to 271.795 and 390.805, a conservation easement * * * may be created, conveyed, recorded, assigned, *176 released, modified, terminated, or otherwise altered or affected in the same manner as other easements.”

— Or. Rev. Stat. § 271.715(3) — 1 case

Ecobank, LLC v. Lane Cnty. Assessor (Or. T.C. 2020). “The easement “must be capable of meeting the requirements for being considered exclusively for conservation purposes” under IRC section 170(h) “if the land or easement were ever to be the subject of a contribution.”

— Or. Rev. Stat. § 271.715(3)(a) — 1 case

Lane Cnty. Assessor v. Briggs, 17 Or. Tax 87 (Or. T.C. 2002). “ORS 271.715. 1 Not every entity may qualify as a holder of a conservation easement.”

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