Subdivisions and Partitions

ORS 92.365
Filing information to be kept current

  • fee for notice of material change


(1)

The information required under ORS 92.345 (Notice of intention) and 92.355 (Commissioner may request further information) shall be kept current by the subdivider or series partitioner. Any material change in the information furnished to the Real Estate Commissioner shall be reported by the subdivider or series partitioner within 10 days after the change occurs.

(2)

A subdivider or series partitioner shall be responsible for the accuracy of and for providing all information required by ORS 92.345 (Notice of intention), 92.355 (Commissioner may request further information) and this section for as long as the subdivider or series partitioner retains any unsold lot, parcel or interest in the subdivision or series partition to which the information pertains.

(3)

A developer who acquires a lot, parcel or interest in a subdivision or series partition shall be responsible for as long as the developer retains any unsold lot, parcel or interest in the subdivision or series partition for all material changes in the information contained in the public report which the developer receives on acquisition of the property:

(a)

Which the developer causes by action of the developer; and

(b)

Concerning the zoning, sewage disposal and water supply which substantially affect the intended use of the property as stated in the public report.

(4)

A developer shall accurately report to the commissioner a material change specified in subsection (3) of this section within 10 days after the change occurs. However, a developer who acquires less than 11 lots, parcels or interests in a subdivision or series partition during a six consecutive month period shall only be responsible for a material change specified in subsection (3)(b) of this section and may revise a public report to reflect such material change without reporting the material change to the commissioner.

(5)

The commissioner shall require a fee sufficient to recover any administrative expenses after receipt of a material change notice if, because of the changes, a public report must be issued or revised by the commissioner. The fee is subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. [1974 c.1 §7; 1975 c.643 §4; 1983 c.181 §1; 1983 c.570 §13; 1991 c.703 §1]
§§ 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