Dwelling not in conjunction with farm use
- existing lots or parcels
- new lots or parcels
Source:
Section 215.284 — Dwelling not in conjunction with farm use; existing lots or parcels; new lots or parcels, https://www.oregonlegislature.gov/bills_laws/ors/ors215.html
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Notes of Decisions
Consideration and application of listed factors may allow parcel to be found generally unsuitable for agricultural purposes notwithstanding that majority of land within parcel is not unsuitable. Hearne v. Baker County, 89 Or App 282, 748 P2d 1016 (1988), Sup Ct review denied
General unsuitability for farm use must be based on entire tract, not only on part on which dwelling would be located. Smith v. Clackamas County, 103 Or App 370, 797 P2d 1058 (1990), aff’d313 Or 519, 836 P2d 716 (1992)
In determining general unsuitability of lot or parcel, “production” of livestock refers only to livestock operations that bring livestock into existence. Moore v. Coos County, 144 Or App 195, 925 P2d 927 (1996)
Minimum parcel size requirements of ORS 215.780 are applicable to exclusive farm use lot division made for purpose of allowing nonfarm dwelling. Dorvinen v. Crook County, 153 Or App 391, 957 P2d 180 (1998), Sup Ct review denied
Local government may find land unsuitable for farm uses due to size or location, but size or location may not be sole basis for finding if land can reasonably be put to farm or forest use in conjunction with other land. Central Oregon Land Watch v. Crook County, 284 Or App 762, 432 P3d 1161 (2018)
Law Review Citations
36 EL 25 (2006)