Subdivisions and Partitions

ORS 92.345
Notice of intention

  • fee

(1)

Prior to negotiating within this state for the sale or lease of subdivided lands located outside this state, or prior to the sale or lease of any subdivided or series partitioned lands located within this state, the subdivider, series partitioner or agent of the subdivider or series partitioner shall by a “Notice of Intention” notify the Real Estate Commissioner in writing of the intention to sell or lease. A notice of intention shall contain true information as follows:

(a)

The name and the business and residence address of the subdivider or series partitioner;

(b)

The names and the business addresses of all licensees of the commissioner and of all other persons selling or leasing, within this state, interests in the subdivision or series partition;

(c)

With respect to subdivided or series partitioned lands located in this state:

(A)

For subdivided land or a subdivision as those terms are defined by ORS 92.010 (Definitions for ORS 92.010 to 92.192), a certified copy of the plat filed for record under ORS 92.120 (Recording plats) and a copy of any conditions imposed by the city or county governing body;

(B)

For a partition as that term is defined by ORS 92.010 (Definitions for ORS 92.010 to 92.192), a certified copy of the plat filed for record under ORS 92.120 (Recording plats) and a copy of any conditions imposed by the city or county governing body; and

(C)

For all other land subject to ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order), a survey, diagram, drawing or other writing designating and describing, including location and boundaries when applicable, the interests to be sold and a statement from the city or county governing body that the proposal as depicted on the survey, diagram, drawing or other writing has received all necessary local approvals or that no local approval is required;

(d)

With respect to subdivided lands located outside this state:

(A)

A copy of the plat, map, survey, diagram, drawing or other writing designating and describing, including location and boundaries when applicable, the interests to be sold, in the final recorded form required by the governing body having jurisdiction over the property; and

(B)

A written statement from the appropriate governing body that the plat, map, survey, diagram, drawing or other writing is in compliance with all applicable laws, ordinances and regulations;

(e)

A brief but comprehensive statement describing the land on and the locality in which the subdivision or series partition is located;

(f)

A statement of the condition of the title to the land;

(g)

A statement of the provisions, if any, that have been made for legal access, sewage disposal and public utilities in the proposed subdivision or series partition, including water, electricity, gas and telephone facilities;

(h)

A statement of the use or uses for which the proposed subdivision or series partition will be offered; and

(i)

A statement of the provisions, if any, limiting the use or occupancy of the interests in the subdivision or series partition.

(2)

The notice of intention shall be accompanied by a filing fee as follows:

(a)

For subdivisions or series partitions containing 10 or fewer lots, parcels or interests, $100.

(b)

For subdivisions or series partitions containing over 10 lots, parcels or interests, $100, and $25 for each additional lot, parcel or interest, but in no case shall the fee be more than $2,500.

(3)

For lands located outside this state, the notice of intention shall include only the area shown by the plat, survey, diagram, drawing or other writing required under subsection (1)(d) of this section. The subdivision of any contiguous lands located outside this state shall be treated as a separate subdivision for which an additional complete filing must be made, even though the plat, map, survey, diagram, drawing or other writing of the contiguous lands is recorded simultaneously as part of an overall development. [1974 c.1 §4; 1974 c.53 §1; 1975 c.643 §3; 1977 c.809 §8; 1979 c.242 §5; 1983 c.570 §11; 1985 c.369 §6; 1991 c.763 §23; 2007 c.866 §11; 2008 c.12 §5]
§§ 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

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