Subdivisions and Partitions

ORS 92.234
Revision, vacation of undeveloped subdivisions

  • vacation proceedings
  • effect of initiation by affected landowner


(1)

Following a hearing conducted as required under ORS 92.225 (Review of undeveloped or developed subdivision plat lands) (4), the agency or body conducting the hearing may:

(a)

Require the revision of a subdivision and a replat of the subdivision as it considers necessary, if it finds that the subdivision may be revised to comply with the comprehensive plan, zoning ordinances and regulations and other modern subdivision control standards not in existence when the subdivision was initially approved; or

(b)

Initiate proceedings, as provided in subsection (3) of this section, for vacation of the subdivision, if it finds that the subdivision cannot be revised in accordance with the comprehensive plan, zoning ordinances and regulations and other modern subdivision control standards not in existence when the subdivision was initially approved.

(2)

If an agency or body requires the revision and replat of a subdivision under subsection (1)(a) of this section, it shall approve the subdivision only upon the completion of the revisions as required by it and the replat of the subdivision as provided in ORS 92.180 (Authority to review replats) to 92.190 (Effect of replat).

(3)

If the agency or body determines that it is necessary to vacate a subdivision, the agency or body shall adopt an ordinance vacating the subdivision and providing for the vacation of lands within the subdivision that have been dedicated for public use. Title to lands within a vacated subdivision shall vest as provided in ORS 271.140 (Title to vacated areas) and 368.366 (Vesting of vacated property). Any owner of lands described in the plat of the vacated subdivision who is aggrieved by the action of the agency or body in vacating the subdivision may appeal such action in the manner provided in ORS 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review). The ordinance adopted by the agency or body for the vacation of the subdivision and the lands therein dedicated to public use shall be filed with the county recording officer as provided in ORS 271.150 (Vacation records to be filed).

(4)

Nothing in ORS 92.205 (Policy) to 92.245 (Fees for review proceedings resulting in modification or vacation) shall prevent the owner of any lands within an undeveloped subdivision from seeking vacation of such subdivision under city or county vacation procedures and, if such vacation proceedings are commenced after the date of the notice of review of the subdivision by the agency or body, the review proceeding shall be suspended during such vacation proceedings. If the subdivision is vacated at the initiation of an owner, the review proceedings under ORS 92.205 (Policy) to 92.245 (Fees for review proceedings resulting in modification or vacation) shall be discontinued; but, if the subdivision is not vacated at the request of an owner, the review proceedings under ORS 92.205 (Policy) to 92.245 (Fees for review proceedings resulting in modification or vacation) shall be resumed at the termination of the proceedings brought by an owner of lands in the subdivision. [1973 c.569 §4; 1981 c.153 §54; 1985 c.369 §7]
§§ 92.210 to 92.390

Atty. Gen. Opinions

Status of subdivisions approved or in process of application pursuant to ORS 92.210 to 92.390 under 1973, c. 421, (1973) Vol 36, p 595

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