Subdivisions and Partitions

ORS 92.305
Definitions for ORS 92.305 to 92.495


As used in ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order):

(1)

“Blanket encumbrance” means a trust deed or mortgage or any other lien or encumbrance, mechanic’s lien or otherwise, securing or evidencing the payment of money and affecting more than one interest in subdivided or series partitioned land, or an agreement affecting more than one such lot, parcel or interest by which the subdivider, series partitioner or developer holds such subdivision or series partition under an option, contract to sell or trust agreement.

(2)

“Commissioner” means the Real Estate Commissioner.

(3)

Except as otherwise provided in ORS 92.325 (Application of ORS 92.305 to 92.495) (2), “developer” means a person who purchases a lot, parcel or interest in a subdivision or series partition that does not have a single family residential dwelling or duplex thereon to construct a single family residential dwelling or duplex on the lot, parcel or interest and to resell the lot, parcel or interest and the dwelling or duplex for eventual residential use purposes. “Developer” also includes a person who purchases a lot, parcel or other interest in a subdivision or series partition that does not have a single family residential dwelling or duplex thereon for resale to another person. “Developer” does not mean a “developer” as that term is defined in ORS 100.005 (Definitions).

(4)

“Interest” includes a lot or parcel, and a share, undivided interest or membership which includes the right to occupy the land overnight, and lessee’s interest in land for more than three years or less than three years if the interest may be renewed under the terms of the lease for a total period more than three years. “Interest” does not include any interest in a condominium as that term is defined in ORS 100.005 (Definitions) or any security interest under a land sales contract, trust deed or mortgage. “Interest” does not include divisions of land created by lien foreclosures or foreclosures of recorded contracts for the sale of real property.

(5)

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

(6)

“Lot,” “parcel” and “partition” have the meaning given those terms in ORS 92.010 (Definitions for ORS 92.010 to 92.192).

(7)

“Person” includes a natural person, a domestic or foreign corporation, a partnership, an association, a joint stock company, a trust and any unincorporated organization. As used in ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order) the term “trust” includes a common law or business trust, but does not include a private trust or a trust created or appointed under or by virtue of any last will and testament, or by a court.

(8)

“Real property sales contract” means an agreement wherein one party agrees to lease or to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract.

(9)

“Sale” or “lease” includes every disposition or transfer of land in a subdivision or a series partition, or an interest or estate therein, by a subdivider or series partitioner or a developer, or their agents, including the offering of such property as a prize or gift when a monetary charge or consideration for whatever purpose is required by the subdivider, series partitioner or developer or their agents.

(10)

“Series partitioned lands” and “series partition” mean a series of partitions of land located within this state resulting in the creation of four or more parcels over a period of more than one calendar year.

(11)

“Series partitioner” means any person who causes land to be series partitioned into a series partition, or who undertakes to develop a series partition, but does not include a public agency or officer authorized by law to make partitions.

(12)

“Subdivided lands” and “subdivision” mean improved or unimproved land or lands divided, or created into interests or sold under an agreement to be subsequently divided or created into interests, for the purpose of sale or lease, whether immediate or future, into 11 or more undivided interests or four or more other interests. “Subdivided lands” and “subdivision” include but are not limited to a subdivision of land located within this state subject to an ordinance adopted under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) and do not include series partitioned lands. “Subdivided lands” and “subdivision” do not mean property submitted to ORS 100.005 (Definitions) to 100.910 (Use of fees) or property located outside this state which has been committed to the condominium form of ownership in accordance with the laws of the jurisdiction within which the property is located.

(13)

“Subdivider” means any person who causes land to be subdivided into a subdivision, or who undertakes to develop a subdivision, but does not include a public agency or officer authorized by law to make subdivisions. [1974 c.1 §1; 1975 c.643 §1; 1977 c.484 §30; 1977 c.809 §3a; 1979 c.46 §3; 1979 c.284 §92; 1979 c.650 §21a; 1983 c.570 §7; 1991 c.763 §21]

Notes of Decisions

Under Former Similar Statute (Ors 92.210)

Mere transfer of ownership by person is insufficient to establish that person undertook development of subdivision so as to become subdivider. Anderson v. Jack, 39 Or App 813, 593 P2d 1259 (1979)

In General

Under definition of "subdivider" in former version of this section it was immaterial whether interests in subdivision were created by defendant or through a corporation which defendant controlled. State v. Baker, 48 Or App 999, 618 P2d 997 (1980)

Law Review Citations

In General

57 OLR 43 (1977)

§§ 92.305 to 92.495

Notes of Decisions

Parcel of land is subject to this law even though intersected by road. State v. Emmich, 34 Or App 945, 580 P2d 570 (1978)

Imposition of greater sentence for violation of Subdivision Control Law than those imposed for violations of ORS 92.010 to 92.090 and 92.100 to 92.160 did not violate equal protection. State v. Baker, 48 Or App 999, 618 P2d 997 (1980)

Seller of real property could not seek to void transaction as it was not within class of persons these provisions seek to protect. Seal v. Polehn, 52 Or App 389, 628 P2d 746 (1981), Sup Ct review denied

Law Review Citations

16 WLR 293 (1979)

§§ 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