Subdivisions and Partitions

ORS 92.010
Definitions for ORS 92.010 to 92.192

As used in ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment), unless the context requires otherwise:

(1)

“Declarant” means the person who files a declaration under ORS 92.075 (Declaration required to subdivide or partition property).

(2)

“Declaration” means the instrument described in ORS 92.075 (Declaration required to subdivide or partition property) by which the subdivision or partition plat was created.

(3)

(a) “Lawfully established unit of land” means:

(A)

A lot or parcel created pursuant to ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment); or

(B)

Another unit of land created:

(i)

In compliance with all applicable planning, zoning and subdivision or partition ordinances and regulations; or

(ii)

By deed or land sales contract, if there were no applicable planning, zoning or subdivision or partition ordinances or regulations.

(b)

“Lawfully established unit of land” does not mean a unit of land created solely to establish a separate tax account.

(4)

“Lot” means a single unit of land that is created by a subdivision of land.

(5)

“Negotiate” means any activity preliminary to the execution of a binding agreement for the sale of land in a subdivision or partition, including but not limited to advertising, solicitation and promotion of the sale of such land.

(6)

“Parcel” means a single unit of land that is created by a partition of land.

(7)

“Partition” means either an act of partitioning land or an area or tract of land partitioned.

(8)

“Partition plat” includes a final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a partition.

(9)

“Partitioning land” means dividing land to create not more than three parcels of land within a calendar year, but does not include:

(a)

Dividing land as a result of a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots;

(b)

Adjusting a property line as property line adjustment is defined in this section;

(c)

Dividing land as a result of the recording of a subdivision or condominium plat;

(d)

Selling or granting by a person to a public agency or public body of property for state highway, county road, city street or other right of way purposes if the road or right of way complies with the applicable comprehensive plan and ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (2)(p) to (r) and 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (2)(q) to (s). However, any property sold or granted for state highway, county road, city street or other right of way purposes shall continue to be considered a single unit of land until the property is further subdivided or partitioned; or

(e)

Selling or granting by a public agency or public body of excess property resulting from the acquisition of land by the state, a political subdivision or special district for highways, county roads, city streets or other right of way purposes when the sale or grant is part of a property line adjustment incorporating the excess right of way into adjacent property. The property line adjustment shall be approved or disapproved by the applicable local government. If the property line adjustment is approved, it shall be recorded in the deed records of the county where the property is located.

(10)

“Plat” includes a final subdivision plat, replat or partition plat.

(11)

“Property line” means the division line between two units of land.

(12)

“Property line adjustment” means a relocation or elimination of all or a portion of the common property line between abutting properties that does not create an additional lot or parcel.

(13)

“Replat” means the act of platting the lots, parcels and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision.

(14)

“Road” or “street” means a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes.

(15)

“Sale” or “sell” includes every disposition or transfer of land or an interest or estate therein.

(16)

“Subdivide land” means to divide land to create four or more lots within a calendar year.

(17)

“Subdivision” means either an act of subdividing land or an area or a tract of land subdivided.

(18)

“Subdivision plat” includes a final map and other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.

(19)

“Utility easement” means an easement noted on a subdivision plat or partition plat for the purpose of installing or maintaining public or private utility infrastructure for the provision of water, power, heat or telecommunications to the public. [Amended by 1955 c.756 §1; 1973 c.696 §3; 1977 c.809 §4; 1979 c.46 §1; 1985 c.369 §5; 1985 c.717 §1; 1989 c.772 §1; 1991 c.763 §1; 1993 c.702 §1; 1993 c.704 §4; 1995 c.382 §3; 1997 c.268 §1; 2001 c.544 §3; 2005 c.399 §1; 2007 c.652 §1; 2007 c.866 §4; 2008 c.12 §3]

Notes of Decisions

Definition of "subdivide land" contained in former version of this section referred to approval of plans, plats, and land partitions by cities and counties and had no application to prosecution under Subdivision Control Law. State v. Baker, 48 Or App 999, 618 P2d 997 (1980)

Transfer of title to roadway property prior to 1991 amendment of this section results in partition of tract bisected by roadway property. Lovinger v. Lane County, 206 Or App 557, 138 P3d 51 (2006), Sup Ct review denied

Atty. Gen. Opinions

Obtaining local planning authority approval before ordering division of land, (1978) Vol 38, p 1814; impairment of mortgagee's remedy of foreclosure where local planning authorities under local partition ordinance deny permission to foreclose mortgage, (1978) Vol 38, p 2148

§§ 92.010 to 92.190

Notes of Decisions

Due process standards applicable to land use decisions apply to administration of subdivision ordinance. Bienz v. City of Dayton, 29 Or App 761, 566 P2d 904 (1977), Sup Ct review denied

Due process requirements for granting of variances are identical regardless of whether variance is area variance or use variance. Bienz v. City of Dayton, 29 Or App 761, 566 P2d 904 (1977), Sup Ct review denied

Approval of tentative plan under subdivision ordinance is final order reviewable in writ of review proceeding. Bienz v. City of Dayton, 29 Or App 761, 566 P2d 904 (1977), Sup Ct review denied

Modification of sought-after approval of tentative plan must be treated same procedurally as initial application. Bienz v. City of Dayton, 29 Or App 761, 566 P2d 904 (1977), Sup Ct review denied

Owner of parcel unlawfully conveyed without having been partitioned could not unilaterally seek to partition parcel from remainder of original property remaining in separate ownership. Kilian v. City of West Linn, 88 Or App 242, 744 P2d 1314 (1987)

Under statutes in effect in 1981, partitioning of land parcel had effect of vacating previous lot lines unless partition map indicates continued existence of partitioned lots. Weyerhaeuser Real Estate Development Co. v. Polk County, 246 Or App 548, 267 P3d 855 (2011)

Law Review Citations

10 WLJ 398, 399 (1974)

Chapter 92

Atty. Gen. Opinions

Standards county may impose for approval of private roads created in partitioning land, (1972) Vol 35, p 1230; effect of county zoning ordinances on approved subdivision plat, (1973) Vol 36, p 702; application of Fasano v. Bd. of County Commrs., decision, (1974) Vol 36, p 960

Law Review Citations

10 WLJ 394-403 (1974)

Source

Last accessed
Jun. 26, 2021

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