Subdivisions and Partitions

ORS 92.014
Approval of city or county required for specified divisions of land


(1)

A person may not create a street or road for the purpose of subdividing or partitioning an area or tract of land without the approval of the city or county having jurisdiction over the area or tract of land to be subdivided or partitioned.

(2)

Notwithstanding ORS 92.175 (Methods by which certain land may be provided for public purposes), an instrument dedicating land to public use may not be accepted for recording in this state unless the instrument bears the approval of the city or county authorized by law to accept the dedication. [1955 c.756 §3; 1973 c.696 §4; 1991 c.763 §4; 2005 c.399 §2]

Notes of Decisions

The words "street or way" apply to all roadways constructed for the purpose of partitioning a parcel of land. Columbia County v. O'Black, 16 Or App 147, 517 P2d 688 (1974), Sup Ct review denied

§§ 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