Subdivisions and Partitions

ORS 92.190
Effect of replat

  • operation of other statutes
  • use of alternate procedures


(1)

The replat of a portion of a recorded plat shall not act to vacate any recorded covenants or restrictions.

(2)

Nothing in ORS 92.180 (Authority to review replats) to 92.190 (Effect of replat) is intended to prevent the operation of vacation actions by statutes in ORS chapter 271 or 368.

(3)

The governing body of a city or county may use procedures other than replatting procedures in ORS 92.180 (Authority to review replats) and 92.185 (Reconfiguration of lots or parcels and public easements) to adjust property lines as described in ORS 92.010 (Definitions for ORS 92.010 to 92.192) (12), as long as those procedures include the recording, with the county clerk, of conveyances conforming to the approved property line adjustment as surveyed in accordance with ORS 92.060 (Marking subdivision, partition or condominium plats with monuments) (7).

(4)

A property line adjustment deed shall contain the names of the parties, the description of the adjusted line, references to original recorded documents and signatures of all parties with proper acknowledgment. [1985 c.369 §4; 1989 c.772 §24; 1991 c.763 §20; 2007 c.866 §10]
§§ 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