Advocate Road Map · La Pine, Oregon · Issued May 14, 2026
The process that must occur before any sale is final, the community’s intervention points, and actions to take this week.
⚠ Important: The May 13, 2026 public comments were not a legal public hearing. Oregon law requires a formal public hearing before this sale can close.
Nearly three hours of public opposition were delivered at the May 13, 2026 La Pine City Council meeting. That is significant — but the fight is far from over, and the community has more legal leverage than it may realize.
Oregon law mandates a formal public hearing before any city-owned land can be sold. That has not happened yet. Every step below must occur before Boxminer can legally take ownership of this property. Each one is an intervention point.
The Foundational Law: ORS 221.725
Oregon law is unambiguous: before a city council can sell city-owned real property, it must publish advance notice of the proposed sale in a newspaper of general circulation and hold a formal public hearing prior to the sale.
At that hearing, the full nature and terms of the sale — including an independent appraisal or other evidence of market value — must be fully disclosed. Any city resident has the right to submit written or oral testimony.
The May 13 public comment period does not satisfy this requirement. The March 25 vote to begin the purchase-and-sale process does not satisfy this requirement.
The ORS 221.725 public hearing has not been held. The sale cannot legally close until it is.
Part One: The Process Map — What Must Happen Before the Sale Can Close
1. ORS 221.725 Public Hearing — Legally Required, Has Not Occurred
Legal basis: Oregon Revised Statutes § 221.725 · City of La Pine
Primary intervention point · Legally mandatory
The city must publish a formal notice of the proposed sale in the Bend Bulletin, the newspaper of general circulation for La Pine. The notice must state the time and place of the hearing, a full description of the property, the proposed uses, and the reasons for the sale.
Not earlier than five days after that publication, the council must hold the public hearing. At the hearing, the full sale terms — including an independent appraisal or other evidence of market value — must be publicly disclosed. Any city resident must be given the opportunity to submit written or oral testimony.
What advocates can do: Demand in writing that the city confirm it will comply with ORS 221.725 and provide the date of the required publication. This is not a request — it is a statement that the community knows its rights.
2. Full Contract Disclosure at Public Hearing
Legal basis: Oregon Revised Statutes § 221.725 · Appraisal requirement
Intervention point · Legally mandatory
At the ORS 221.725 hearing, the city is legally required to fully disclose the nature and terms of the proposed sale, including an independent appraisal or equivalent evidence of market value. This means the full purchase and sale agreement — including any growth or expansion provisions — must be on the public record before the council votes.
What advocates can do: File a Public Records Request now, before the hearing, for the full PSA text, all communications between city staff or council members and Boxminer, any appraisal commissioned, and any MidState Electric correspondence. The city has five business days to respond or provide a timeline under ORS 192.311.
3. City Council Vote to Approve the Purchase and Sale Agreement
Public body: La Pine City Council · Public agenda item
Intervention point
This is a separate vote from the March 25 vote to begin the process. The council must vote to formally approve the finalized PSA. This vote must appear on a public agenda with advance notice, giving advocates another opportunity to submit written testimony and speak during public comment.
What advocates can do: Monitor the city’s meetings page at lapineoregon.gov/meetings for agenda postings. The next regular meeting is May 27, 2026. Any PSA approval vote must be listed as a new business item with supporting documents in the packet. If it appears without prior public notice of the ORS 221.725 hearing, challenge it immediately in writing.
4. Deschutes County Deed Transfer — County Publication Required
Legal basis: Oregon Revised Statutes § 275.120 · Deschutes County Board of Commissioners
County action required · Intervention point
The land is currently owned by Deschutes County. Before the county can transfer title, Oregon law requires the county sheriff to publish a notice of the sale in a local newspaper of general circulation once per week for four consecutive weeks prior to the sale. This is a parallel, independent publication requirement that creates another four-week public notice window.
What advocates can do: Contact the Deschutes County Board of Commissioners now and put them on record. As the current titleholder, the county is a party to this transaction. Submit written testimony to the BOCC and request that the county independently verify the city has completed its ORS 221.725 obligations before proceeding.
5. Formal Land Use Application and Site Plan Review — Planning Commission
Legal basis: La Pine Development Code · City Planning Commission · ORS 227.178
Second major intervention point
Even after the land sells, Boxminer cannot break ground without submitting a formal land use application for site plan review. This triggers La Pine’s Planning Commission process, which has its own public notice, comment period, and hearing requirements completely independent of the land sale process.
This is where the zoning question must be formally resolved in writing by city staff: La Pine Development Code Sec. 15.24.300 states that in the Light Industrial zone, “Energy and power generation uses are prohibited.” City staff must publish a written legal determination explaining how a 20MW Bitcoin mining facility is classified under that code before any permit can issue.
What advocates can do: Central Oregon LandWatch can formally intervene in the land use process when the application is filed and can refer legal counsel to challenge the zoning classification if needed. File a written request with city Community Development now asking staff to confirm in writing the zoning classification that would apply to this use before an application is filed.
6. Building Permits Issued — Final Gate
Public bodies: La Pine Building Services · Deschutes County Community Development
Final gate
Building permits cannot be issued until after land use approval. Each permit is a public record. If the zoning determination or site plan review is contested, a Land Use Board of Appeals appeal can be filed, which can put a hold on permit issuance while the appeal is heard.
The Oregon Department of Land Conservation and Development also has oversight authority over local land use decisions that conflict with acknowledged comprehensive plans.
Part Two: What Advocates Should Do This Week
🔥 Send a Written ORS 221.725 Demand Letter to City Hall
Timing: Do within 48 hours.
Write to City Manager Geoff Wullschlager and the City Recorder demanding:
- Written confirmation that the city will comply with ORS 221.725 before finalizing any sale.
- The anticipated date of the required newspaper publication.
- Confirmation that the ORS 221.725 public hearing will be separately noticed and held before any PSA vote.
Send by email and certified mail. Keep a copy. This letter creates a paper trail that the city received formal notice of its obligations.
City Manager: Geoff Wullschlager
Email: info@lapineoregon.gov
Phone: (541) 536-1432
Address: 16345 Sixth Street, La Pine, OR 97739
🔥 File a Public Records Request for the Full Contract and All Communications
Timing: Do within 48 hours.
Under ORS 192.311, the city has five business days to provide the records or give a timeline. Request:
- The full text of any purchase and sale agreement, letter of intent, or MOU with Boxminer Co. or any related entity.
- All written communications between city staff or council members and Boxminer Co., Frontier Mining, or Jeff Keller from January 2025 to present.
- Any appraisal of the subject property.
- Any MidState Electric correspondence regarding power supply.
- Any legal opinion on the Light Industrial zoning classification of this use.
File online: La Pine Public Records Request Form
🔥 Call Central Oregon LandWatch
Timing: Do within 48 hours.
Rory Isbell at Central Oregon LandWatch was previously unaware of this proposal. He now is, but he needs to hear that nearly three hours of public opposition materialized at the May 13 council meeting and that the ORS 221.725 hearing has not been scheduled.
Share this key fact from the March 11 minutes: Jeff Keller told the council he had been working with MidState Electric and SLED Director Patricia Lucas since 2022 — three years of negotiations before the public heard a word. That timeline is material to any legal challenge about adequate public process.
LandWatch can provide or refer an attorney to formally intervene at both the public hearing and the Planning Commission site plan review stage.
Contact: Rory Isbell, Staff Attorney and Rural Lands Program Director
Email: rory@colw.org
Phone: (541) 647-2930 x804
📋 Document the May 13 Comments While They Are Fresh
Timing: Do within 72 hours.
The nearly three hours of public comments are part of the official record, but advocates should independently document them. Track the names and addresses of speakers, the specific concerns raised, and any commitments or statements made by council members or city staff in response.
This record will be essential at the ORS 221.725 formal hearing and any future LUBA appeal. If anyone recorded the meeting, secure those recordings now. The city should also produce audio or video if it exists; request it via public records if needed.
📋 Write to the Deschutes County Board of Commissioners
Timing: Do this week.
The county is the current landowner and must execute the deed transfer. The city itself has publicly confirmed that Deschutes County must sign off on the final land sale and that a county building review is also required before construction.
This means the BOCC has real authority here — not just a rubber stamp role. Write to the BOCC formally:
- Notify them that significant organized community opposition exists.
- Request that the county independently confirm the city has completed its ORS 221.725 obligations before proceeding with any transfer.
- Ask the BOCC to place the matter on a public agenda for discussion.
Deschutes County Board of Commissioners:
deschutes.org
1300 NW Wall Street, Bend, OR 97703
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