Property Disposition

All parcels are sold as-is. Clackamas County does not offer Title Insurance, and shall make no warranties or guarantees regarding the title of the property offered for sale, but shall only sell and convey such interest as the County acquired by foreclosure or other means and holds at the time of sale. Potential bidders should thoroughly investigate all aspects of the property prior to bidding. Clackamas County Property Disposition does not guarantee or warrant that any parcel is usable for any particular purpose.

• Please consult the appropriate land use planning and building departments. Local realtors, title companies and attorneys may be of some assistance in your investigation.
• It is important to review zoning codes for permitted uses and requirements. 
  For land use or zoning information on those properties located within the jurisdiction of Clackamas County, call the Clackamas County Planning Division at 503-742-4500 or 503-742-4501. Clackamas County Planning does not have zoning information on properties located within city limits.
  • For land use or zoning information on properties located within city limits, contact the appropriate city:
    • Canby, 503-266-7001
    • Estacada, 503-630-8286
    • Gladstone, 503-557-2766
    • Happy Valley, 503-783-3800
    • Lake Oswego, 503-635-0390
    • Milwaukie, 503-786-7630
    • Molalla, 503-829-7526
    • Oregon City, 503-657-0891
    • Sandy, 503-489-2160
    • Tualatin, 503-692-2000
    • West Linn, 503-657-0331
    • Wilsonville 503-682-4960
• Most of the properties are foreclosure properties and therefore are considered legal lots of record, unless otherwise noted; however, the date the property became a legal lot of record may, in some instances, affect development potential. Please check with appropriate county or city planning agencies.
• All development on these properties is subject to existing zoning and land use laws, for example: residential development is not allowed outright in the Enhanced Farm Use (EFU) and Timber (TBR) zoning districts.
• In order to develop these properties, a land use application must be submitted and approved by the county or city. Check with the appropriate planning agency.
• Any potential residential development allowable by zoning is subject to obtaining an approved method of sewage disposal (septic tank/drain field or sewer) and source of water.
  • For information regarding septic tank/drain field approvals, contact the Clackamas County Septic Office, 503-742-4740.
  • For information regarding sewer connections, contact the appropriate sewer district.
  • For information on obtaining well permits, contact the Oregon Department of Water Resources, 503-986-0800.
• Any development within a floodplain may be subject to the requirements of the Clackamas County Floodplain Ordinance and/or Oregon State Regulations. Any development along the major rivers (i.e. Sandy, Clackamas, Salmon, Molalla, Tualatin, etc.) is also subject to the Principal Rivers Conservation Area Zoning Ordinance.
• Please consider checking wetland and geologic hazard map resources

20% of the listed minimum bid is due as a deposit at the time of sale. The balance shall be due and deposited with Clackamas County Property Disposition no later than two business days following the auction. See Oral Public Auction Rules below for more details.

If you have any questions regarding the auction process, please contact Clackamas County Property Disposition at 503-742-4384 or email realpropertysurplus@clackamas.us. The office is open 7 a.m. to 5:30 p.m., Monday through Thursday.

1. Minimum bid/deposit: On the day of the auction, all participants should have in hand cash or a cashier’s check equal to 20% of the minimum advertised price for each property they hope to acquire. Once accepted from the successful bidder, deposits are not refundable. Acceptable forms of payment shall be cash or cashier's check only. Personal checks, business checks or money orders will not be accepted. Cashier's checks should be made payable to Clackamas County.
2. High bid: The property shall be sold to the highest bidder who meets or exceeds the minimum advertised price. All sales shall receive final authorization before execution of the deed. The County Commissioners may authorize final sales or may delegate the authority to authorize final sales to a named representative of a County agency
3. Cash sales: All balances shall be due and payable to Clackamas County Property Disposition within two (2) business days following the auction.
4. No bids: If no acceptable bid is received at the public auction, the County may sell the parcel at a subsequent date pursuant to ORS Chapter 275.200(2).
5. All Property Sold As Is:
   • Bidders should check with the appropriate city or county planning department to verify approved uses.
   • The County Commission reserves the right to reject any and all bids.
   • All properties offered and sold at auction are subject to all easements, conditions and restrictions of record.
   • No surveys are made or have been made pursuant to the established property lines.
   • Properties may be partially dedicated for public purposes for use for roads, easements or other purposes.
   • Jurisdictional wetland may exist on the offered parcels. Development in wetlands may require permits from the Clackamas County Planning Division, the Oregon Division of State Lands, and/or the US Army Corps of Engineers. The buyer acknowledges this possibility and assumes responsibility for appropriate permits or other requirements.
   • Purchaser acknowledges the responsibilities as the LANDOWNER under Forest Practice Rules, as described in ORS 527.665-710 and as per OAR Chapter 629, Division 600 thru 699.
6. Other Important Info: Clackamas County will not furnish a survey or provide title insurance in any form. Dimensions identified on maps or in other information are approximate and may or may not represent the actual property boundaries. Prospective purchasers are advised to consult with legal counsel, a title insurance company, or others as appropriate prior to purchase.

General Policy – Effective 08/10/2021

To avoid the appearance of a conflict of interest and to ensure transparency and fairness to the public, Clackamas County will not sell county-owned property to current County employees, elected officials, volunteers and interns, or to any member of their households or relatives. The only exception to this policy is for the purchase of foreclosed property when the property is that of the employee, official, volunteer or intern (i.e. their own property has been foreclosed on and is being redeemed out of foreclosure by the employee, elected official, volunteer, or intern.)

Definitions

• “County-owned property” is real or personal property that is owned by the county.
• “Household member” means any person who resides with the public official, employee, volunteer or intern.
• “Relative” includes a spouse, domestic partner, parent, stepparent, child, sibling, stepsibling, son-in-law or daughter-in-law, and any individual for whom the county employee, official, volunteer and intern is financially responsible.

Policy Guidelines

Employees, elected officials, interns and volunteers are responsible for complying with this policy.

All suspected abuse of this policy will be referred to the County Internal Auditor for investigation.

Oregon Revised Statute 275.088 also governs sales of tax foreclosed real property to county officers, employees, and their family members and intermediaries. It is the sole responsibility of the bidder to determine if this statute applies to him or her. For more information contact Clackamas County Property Disposition at 150 Beavercreek Rd., Oregon City, Oregon 97045, 503-742-4384.

1. As used in this section:
   1. "Actual conflict of interest" has the meaning given that term under ORS 244.020.
   2. "Bona fide purchaser" means a purchaser of a fee simple interest in a single property who acquires the property in an arm's-length transaction and for fair market value and adequate consideration.
   3. "Discretionary action" means an action committed to the sound judgment and conscience of a county officer or a county employee, acting in the official capacity of the officer or employee.
   4. "Ministerial action" means an action requiring obedience to specific instructions or law and allowing little or no discretion in its implementation.
2. An elected or appointed county officer as described in ORS 204.005, a family member of the officer or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens.
3. A county employee not included under subsection (2) of this section, a family member of the county employee or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens if the county employee has an actual conflict of interest related to the real property. An actual conflict of interest may be created under this section by the discretionary action of a county employee related to the foreclosure; sale or transfer of the real property by the county, but is not created by the ministerial action of the county employee.
4. In addition to and not in lieu of a penalty or sanction that may apply under ORS chapter 244 (see below) or otherwise, if real property is purchased in violation of this section, the county officer or employee shall:
   1. Transfer the real property to the county for the amount paid for the property less an amount for expenses incurred by the county; or
   2. If the real property has been transferred by the county officer or employee to a bona fide purchaser, transfer to the county the amount received for the sale to a bona fide purchaser less the amount paid to obtain the property from the county.

1. The Oregon Government Standards and Practices Commission or the court under ORS 244.260 (8) may impose civil penalties not to exceed $1,000 for violating any provision of this chapter or any resolution adopted pursuant thereto except that for violation of ORS 244.045 the commission may impose a civil penalty of not to exceed $25,000.
2. The commission may also impose civil penalties not to exceed $1,000 for violating any provision of ORS 192.660. However, a civil penalty may not be imposed under this subsection if the violation occurred as a result of the governing body of the public body acting upon the advice of the public body's counsel.
3. Any penalty imposed under this section is in addition to and not in lieu of any other penalty or sanction that may be imposed according to law, including removal from office. [1974 c.72 s.19; 1977 c.588 s.10; 1987 c.360 s.3; 1993 c.743 s.29; 1993 c.747 s.2; 1997 c.750 s.2]

The Oregon Government Standards and Practices Commission, in addition to civil penalties prescribed in ORS 244.350, may require any public official who has financially benefited the public official or any other person by violation of any provision of this chapter to forfeit twice the amount that the public official or any other person realized from violating any provision of this chapter. [1974 c.72 s.20; 1987c]