Subdivisions and Partitions

ORS 92.325
Application of ORS 92.305 to 92.495


Except as provided in subsection (2) of this section, no person shall sell or lease any subdivided lands or series partitioned lands without having complied with all the applicable provisions of ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order).


With respect to a developer, chapter 643, Oregon Laws 1975, applies only to a developer who acquires a lot, parcel or interest in a subdivision or series partition for which a public report has been issued after September 13, 1975, and a developer who acquires a lot or parcel in a subdivision for which a revised public report has been issued under ORS 92.410 (Review of subdivisions for which public report issued).


Except as otherwise provided in paragraph (g) of this subsection, ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order) do not apply to the sale or leasing of:


Apartments or similar space within an apartment building;


Cemetery lots, parcels or units in Oregon;


Subdivided lands and series partitioned lands in Oregon that are not in unit ownership or being developed as unit ownerships created under ORS chapter 100, to be used for residential purposes and that qualify under ORS 92.337 (Exemption procedures);


Property submitted to the provisions of ORS chapter 100;


Subdivided lands and series partitioned lands in Oregon expressly zoned for and limited in use to nonresidential industrial or nonresidential commercial purposes;


Lands in this state sold by lots or parcels of not less than 160 acres each;


Timeshares regulated or otherwise exempt under ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) and 94.807 (Application) to 94.945 (Advertising regulation);


Subdivided and series partitioned lands in a city or county which, at the time tentative approval of a subdivision plat and each partition map for those lands is given under ORS 92.040 (Application for approval of subdivision or partition) or an ordinance adopted under ORS 92.046 (Adoption of regulations governing approval of partitioning of land), has a comprehensive plan and implementing ordinances that have been acknowledged under ORS 197.251 (Compliance acknowledgment). The subdivider or series partitioner of such lands shall comply with ORS 92.425 (Conditions prerequisite to sale), 92.427 (Cancellation of agreement to buy interest in subdivision or series partition), 92.430 (Notice to purchaser of cancellation rights), 92.433 (Escrow documents required of successor to vendor’s interest), 92.460 (Blanket encumbrance permitted only in certain circumstances) and 92.485 (Waiver of legal rights void) in the sale or leasing of such lands; or


Mobile home or manufactured dwelling parks, as defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227), located in Oregon. [1974 c.1 §2a; 1975 c.643 §19; 1977 c.484 §31; 1977 c.809 §2a; 1979 c.242 §1; 1983 c.530 §47; 1983 c.570 §8; 1985 c.371 §1; 1987 c.414 §144a; 1991 c.763 §22; 2005 c.22 §73]
Note: Legislative Counsel has substituted “chapter 643, Oregon Laws 1975,” for the words “this 1975 Act” in section 19, chapter 643, Oregon Laws 1975, which amended 92.325 (Application of ORS 92.305 to 92.495). Specific ORS references have not been substituted, pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication). These sections may be determined by referring to the 1975 Comparative Section Table located in Volume 22 of ORS.

Notes of Decisions

Defendant may be convicted of violation without proof of culpable mental state. State v. Emmich, 39 Or App 769, 593 P2d 1281 (1979)

Conviction for failure to follow requirements for subdividing land requires culpable mental state. State v. Baker, 48 Or App 999, 618 P2d 997 (1980)

Atty. Gen. Opinions

Effect of LCDC's granting partial acknowledgment of comprehensive plan, (1980) Vol 40, p 274

§§ 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)


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Jun. 26, 2021