and sections 5 to 11, chapter 424, Oregon Laws 2007, or ORS 195.305 as

195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, or ORS 195.305 as in effect immediately before December 6, 2007, except with respect to a land use regulation enacted after January 1, 2007.

����� (9) A person that is eligible to be a holder as defined in ORS 271.715 may acquire the rights to carry out a use of land authorized under sections 5 to 11, chapter 424, Oregon Laws 2007, from a willing seller in the manner provided by ORS 271.715 to 271.795. Metro, cities and counties may enter into cooperative agreements under ORS chapter 195 to establish a system for the purchase and sale of severable development interests as described in ORS 94.531. A system established under this subsection may provide for the transfer of severable development interests between the jurisdictions of the public entities that are parties to the agreement for the purpose of allowing development to occur in a location that is different from the location in which the development interest arises.

����� (10) If a claimant is an individual, the entitlement to prosecute the claim under section 6, 7 or 9, chapter 424, Oregon Laws 2007, and an authorization to use the property provided by a waiver under section 6, 7 or 9, chapter 424, Oregon Laws 2007:

����� (a) Is not affected by the death of the claimant if the death occurs on or after December 6, 2007; and

����� (b) Passes to the person that acquires the property by devise or by operation of law. [2007 c.424 �11; 2009 c.855 �14]

HOMELESS INDIVIDUALS� USE OF REAL PROPERTY

����� 195.500 Policy for removal of homeless individuals camping on public property. All municipalities and counties shall:

����� (1) Develop a policy that recognizes the social nature of the problem of homeless individuals camping on public property.

����� (2) Implement the policy as developed, to ensure the most humane treatment for removal of homeless individuals from camping sites on public property. [Formerly 203.077]

����� Note: 195.500 to 195.510 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 195.505 Elements of camp removal policies; unclaimed personal property; notice. (1) A policy developed pursuant to ORS 195.500 shall conform, but is not limited, to the following provisions.

����� (2) As used in this section, �personal property� means any item that can reasonably be identified as belonging to an individual and that has apparent value or utility.

����� (3) Except as provided in subsection (9) of this section, at least 72 hours before removing homeless individuals from an established camping site, law enforcement officials shall post a written notice, in English and Spanish, at all entrances to the camping site to the extent that the entrances can reasonably be identified.

����� (4)(a) When a 72-hour notice is posted, law enforcement officials shall inform the local agency that delivers social services to homeless individuals as to where the notice has been posted.

����� (b) The local agency may arrange for outreach workers to visit the camping site that is subject to the notice to assess the need for social service assistance in arranging shelter and other assistance.

����� (5)(a) All personal property at the camping site that remains unclaimed after removal shall be given to a law enforcement official, a local agency that delivers social services to homeless individuals, an outreach worker, a local agency official or a person authorized to issue a citation described in subsection (10) of this section, whether notice is required under subsection (3) of this section or not.

����� (b) The unclaimed personal property must be stored:

����� (A) For property removed from camping sites in counties other than Multnomah County, in a facility located in the same community as the camping site from which it was removed.

����� (B) For property removed from camping sites in Multnomah County, in a facility located within six blocks of a public transit station.

����� (c) Items that have no apparent value or utility or are in an insanitary condition may be immediately discarded upon removal of the homeless individuals from the camping site.

����� (d) Weapons, controlled substances other than prescription medication and items that appear to be either stolen or evidence of a crime shall be given to or retained by law enforcement officials.

����� (6) The written notice required under subsection (3) of this section must state, at a minimum:

����� (a) Where unclaimed personal property will be stored;

����� (b) A phone number that individuals may call to find out where the property will be stored; or

����� (c) If a permanent storage location has not yet been determined, the address and phone number of an agency that will have the information when available.

����� (7)(a) The unclaimed personal property shall be stored in an orderly fashion, keeping items that belong to an individual together to the extent that ownership can reasonably be determined.

����� (b) The property shall be stored for a minimum of 30 days during which it shall be reasonably available to any individual claiming ownership. Any personal property that remains unclaimed after 30 days may be disposed of or donated to a corporation described in section 501(c)(3) of the Internal Revenue Code as amended and in effect on December 31, 2020.

����� (8) Following the removal of homeless individuals from a camping site on public property, the law enforcement officials, local agency officials and outreach workers may meet to assess the notice and removal policy, to discuss whether the removals are occurring in a humane and just manner and to determine if any changes are needed in the policy.

����� (9)(a) The 72-hour notice requirement under subsection (3) of this section does not apply:

����� (A) When there are grounds for law enforcement officials to believe that illegal activities other than camping are occurring at an established camping site.

����� (B) In the event of an exceptional emergency at an established camping site, including, but not limited to, possible site contamination by hazardous materials, a public health emergency or other immediate danger to human life or safety.

����� (b) If a funeral service is scheduled with less than 72 hours� notice at a cemetery at which there is a camping site, or a camping site is established at the cemetery less than 72 hours before the scheduled service, the written notice required under subsection (3) of this section may be posted at least 24 hours before removing homeless individuals from the camping site.

����� (10) A person authorized to issue a citation for unlawful camping under state law, administrative rule or city or county ordinance may not issue the citation if the citation would be issued within 200 feet of a notice required under subsection (3) of this section and within two hours before or after the notice was posted.

����� (11) Any law or policy of a city or county that is more specific or offers greater protections to homeless individuals subject to removal from an established camping site preempts contrary provisions of this section. [Formerly 203.079]

����� Note: See note under 195.500.

����� 195.510 Sites not subject to ORS 195.500 to 195.510. As used in ORS 195.500 to 195.510, �camping site� does not include:

����� (1) Public property that is a day use recreational area.

����� (2) Public property that is a designated campground and occupied by an individual under an agreement with a municipality or county. [Formerly 203.081]

����� Note: See note under 195.500.

����� 195.515 City removal of personal property from highway right of way. (1) The Department of Transportation may enter into an intergovernmental agreement with a city that has a population of 500,000 or more for the removal, storage and disposition of personal property deposited, left or displayed on property that is owned by the department. The city shall prioritize removal of personal property that is within the right of way of a highway under the jurisdiction of the department as a road authority pursuant to ORS 810.010.

����� (2) Notwithstanding ORS 377.650, 377.653 and 377.655, an intergovernmental agreement entered into under this section may provide alternative provisions related to the removal, storage and disposition of personal property if the alternative provisions conform with the requirements for local government policy for removal of homeless individuals and personal property under ORS