Subdivisions and Partitions

ORS 92.016
Sale or negotiation to sell lot or parcel prior to approval of tentative plan


(1)

No person shall sell any lot in any subdivision with respect to which approval is required by any ordinance or regulation adopted under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) and 92.048 (Procedure for adoption of regulations under ORS 92.044 and 92.046) until such approval is obtained. No person shall negotiate to sell any lot in a subdivision until a tentative plan has been approved.

(2)

A person may negotiate to sell any parcel in a partition with respect to which approval of a tentative plan is required by any ordinance or regulation adopted under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) or 92.046 (Adoption of regulations governing approval of partitioning of land), respectively, prior to the approval of the tentative plan for the partition, but no person may sell any parcel in a partition for which approval of a tentative plan is required by any ordinance or regulation adopted under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) or 92.046 (Adoption of regulations governing approval of partitioning of land), respectively, prior to such approval. [1955 c.756 §24; 1973 c.696 §5; 1974 c.74 §1; 1977 c.809 §5; 1991 c.763 §5; 2003 c.14 §34]

Notes of Decisions

Contractual promise to convey land which violates this section is unenforceable by seller against purchaser of property, but enforceable by purchaser against seller if purchaser can otherwise prove breach of contract, to wit, that land sold was unpartitioned property and damages were caused by breach of implied promise of lawful partitioning. Ogan v. Ellison, 297 Or 25, 682 P2d 760 (1984)

Atty. Gen. Opinions

Effect of county zoning ordinances on approved subdivision plat, (1973) Vol 36, p 702

§§ 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