Chapter 12 Oregon Laws 2008 Special Session
AN ACT
HB 3629
Relating to property line adjustments; creating new provisions;
amending ORS 92.010, 92.060 and 92.345; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. Section
2 of this 2008 Act is added to and made a part of ORS 92.010 to 92.190.
SECTION 2. (1)
Except as provided in this section, a unit of land that is reduced in size by a
property line adjustment approved by a city or county must comply with applicable
zoning ordinances after the adjustment.
(2) Subject to
subsection (3) of this section, for properties located entirely outside the
corporate limits of a city, a county may approve a property line adjustment in
which:
(a) One or both of the
abutting properties are smaller than the minimum lot or parcel size for the
applicable zone before the property line adjustment and, after the adjustment,
one is as large as or larger than the minimum lot or parcel size for the
applicable zone; or
(b) Both abutting
properties are smaller than the minimum lot or parcel size for the applicable
zone before and after the property line adjustment.
(3) On land zoned for
exclusive farm use, forest use or mixed farm and forest use, a property line
adjustment under subsection (2) of this section may not be used to:
(a) Decrease the size of
a lot or parcel that, before the relocation or elimination of the common
property line, is smaller than the minimum lot or parcel size for the
applicable zone and contains an existing dwelling or is approved for the
construction of a dwelling, if the abutting vacant tract would be increased to
a size as large as or larger than the minimum tract size required to qualify
the vacant tract for a dwelling;
(b) Decrease the size of
a lot or parcel that contains an existing dwelling or is approved for
construction of a dwelling to a size smaller than the minimum lot or parcel
size, if the abutting vacant tract would be increased to a size as large as or
larger than the minimum tract size required to qualify the vacant tract for a
dwelling; or
(c) Allow an area of
land used to qualify a tract for a dwelling based on an acreage standard to be
used to qualify another tract for a dwelling if the land use approval would be
based on an acreage standard.
SECTION 3.
ORS 92.010 is amended to read:
92.010. As used in ORS
92.010 to 92.190, unless the context requires otherwise:
(1) “Declarant” means
the person who files a declaration under ORS 92.075.
(2) “Declaration” means
the instrument described in ORS 92.075 by which the subdivision or partition
plat was created.
(3)(a) “Lawfully
established unit of land” means:
(A) A lot or parcel
created pursuant to ORS 92.010 to 92.190; or
(B) Another unit of land
created:
(i) In compliance with
all applicable planning, zoning and subdivision or partition ordinances and
regulations; or
(ii) By deed or land
sales contract, if there were no applicable planning, zoning or subdivision or
partition ordinances or regulations.
(b) “Lawfully
established unit of land” does not mean a unit of land created solely to
establish a separate tax account.
(4) “
(5) “Negotiate” means
any activity preliminary to the execution of a binding agreement for the sale
of land in a subdivision or partition, including but not limited to
advertising, solicitation and promotion of the sale of such land.
(6) “Parcel” means a
single unit of land that is created by a partition of land.
(7) “Partition” means
either an act of partitioning land or an area or tract of land partitioned.
(8) “Partition plat”
includes a final map and other writing containing all the descriptions,
locations, specifications, provisions and information concerning a partition.
[(8)] (9) “[Partition]
Partitioning land” means [to
divide] dividing land to create not more than three parcels of land
within a calendar year, but does not include:
(a) [A division of land resulting from] Dividing
land as a result of a lien foreclosure, foreclosure of a recorded contract
for the sale of real property or the creation of cemetery lots;
[(b) An adjustment of a property line by the relocation of a common
boundary where an additional unit of land is not created and where the existing
unit of land reduced in size by the adjustment complies with any applicable
zoning ordinance;]
(b) Adjusting a
property line as property line adjustment is defined in this section;
(c) [The division of land resulting from] Dividing
land as a result of the recording of a subdivision or condominium plat;
(d) [A sale or grant] Selling or granting by
a person to a public agency or public body of property for state
highway, county road, city street or other right of way purposes [provided that such] if the road
or right of way complies with the applicable comprehensive plan and ORS 215.213
(2)(p) to (r) and 215.283 (2)(q) to (s). However, any property [divided by the sale or grant of property]
sold or granted for state highway, county road, city street or other
right of way purposes shall continue to be considered a single unit of land
until [such time as] the property is
further subdivided or partitioned; or
(e) [A sale or grant] Selling or granting by
a public agency or public body of excess property resulting from the acquisition
of land by the state, a political subdivision or special district for highways,
county roads, city streets or other right of way purposes when the sale or
grant is part of a property line adjustment incorporating the excess right of
way into adjacent property. The property line adjustment shall be approved or
disapproved by the applicable local government. If the property line adjustment
is approved, it shall be recorded in the deed records of the county where the
property is located.
[(9) “Partition plat” includes a final map and other writing containing
all the descriptions, locations, specifications, provisions and information
concerning a partition.]
(10) “Plat” includes a
final subdivision plat, replat or partition plat.
(11) “Property line”
means the division line between two units of land.
(12) “Property line
adjustment” means [the] a
relocation or elimination of all or a portion of the common
property line between abutting properties that does not create an additional
lot or parcel.
(13) “Replat” means the
act of platting the lots, parcels and easements in a recorded subdivision or
partition plat to achieve a reconfiguration of the existing subdivision or
partition plat or to increase or decrease the number of lots in the
subdivision.
(14) “Road” or “street”
means a public or private way that is created to provide ingress or egress for
persons to one or more lots, parcels, areas or tracts of land, excluding a
private way that is created to provide ingress or egress to such land in
conjunction with the use of such land for forestry, mining or agricultural
purposes.
(15) “
(16) “Subdivide land”
means to divide land to create four or more lots within a calendar year.
(17) “Subdivision” means
either an act of subdividing land or an area or a tract of land subdivided.
(18) “Subdivision plat”
includes a final map and other writing containing all the descriptions,
locations, specifications, dedications, provisions and information concerning a
subdivision.
(19) “Utility easement”
means an easement noted on a subdivision plat or partition plat for the purpose
of installing or maintaining public or private utility infrastructure for the
provision of water, power, heat or telecommunications to the public.
SECTION 4.
ORS 92.060 is amended to read:
92.060. (1) The initial
point, also known as the point of beginning, of a plat must be on the exterior
boundary of the plat and must be marked with a monument that is either
galvanized iron pipe or an iron or steel rod. If galvanized iron pipe is used,
the pipe may not be less than three-quarter inch inside diameter and 30 inches
long. If an iron or steel rod is used, the rod may not be less than
five-eighths of an inch in least dimension and 30 inches long. The location of
the monument shall be with reference by survey to a section corner, one-quarter
corner, one-sixteenth corner, Donation Land Claim corner or to a monumented lot
corner or boundary corner of a recorded subdivision, partition or condominium
plat. When setting a required monument is impracticable under the
circumstances, the county surveyor may authorize the setting of another type of
monument.
(2) In subdivision
plats, the intersections, the initial point, also known as the point of
beginning, the point of ending, points of curves and points of tangents, or the
point of intersection of the curve if the point is within the pavement area of
the road, of the centerlines of all streets and roads and all points on the
exterior boundary where the boundary line changes direction, must be marked
with monuments either of galvanized iron pipe or iron or steel rods. If
galvanized iron pipe is used, the pipe may not be less than three-quarter inch
inside diameter and 30 inches long. If iron or steel rods are used, the rod may
not be less than five-eighths of an inch in least dimension and 30 inches long.
When setting a required monument is impracticable under the circumstances:
(a) The county surveyor
may authorize the setting of another type of monument; or
(b) The county surveyor
may waive the setting of the monument.
(3) All lot and parcel
corners except lot corners of cemetery lots must be marked with monuments of
either galvanized iron pipe not less than one-half inch inside diameter or iron
or steel rods not less than five-eighths inch in least dimension and not less
than 24 inches long. When setting a required monument is impracticable under
the circumstances:
(a) The surveyor may set
another type of monument; or
(b) The county surveyor
may waive the setting of the monument.
(4) A surveyor shall set
monuments with sufficient accuracy that measurements may be taken between
monuments within one-tenth of a foot or within one ten-thousandth of the
distance shown on the subdivision or partition plat, whichever is greater.
(5) A surveyor shall set
monuments on the exterior boundary of a subdivision, unless the county surveyor
waives the setting of a particular monument, where changes in the direction of
the boundary occur and shall reference the monuments on the plat of the
subdivision before the plat of the subdivision is offered for recording.
However, the surveyor need not set the remaining monuments for the subdivision
prior to the recording of the plat of the subdivision if:
(a) The registered
professional land surveyor performing the survey work certifies that the
remaining monuments will be set, unless the county surveyor waives the setting
of a particular monument, on or before a specified date as provided in ORS
92.070 (2); and
(b) The person
subdividing the land furnishes to the county or city by which the subdivision
was approved a bond, cash deposit, irrevocable letter of credit issued by an
insured institution as defined in ORS 706.008 or other security as required by
the county or city guaranteeing the payment of the cost of setting the
remaining monuments for the subdivision as provided in ORS 92.065.
(6) A surveyor shall set
all monuments on the exterior boundary and all parcel corner monuments of
partitions, unless the county surveyor waives the setting of a particular
monument, before the partition plat is offered for recording. Unless the
governing body provides otherwise, any parcels created outside an urban growth
boundary that are greater than 10 acres need not be surveyed or monumented.
(7) Except as provided
in subsections (8) and (9) of this section, [an adjusted property line created by the relocation of a common
boundary as described in ORS 92.010 (8)(b)] a property line adjustment
must be surveyed and monumented in accordance with subsection (3) of this
section and a survey, complying with ORS 209.250, must be filed with the county
surveyor.
(8) Unless the governing
body of a city or county has otherwise provided by ordinance, a survey or
monument is not required for a property line adjustment when the abutting
properties are each greater than 10 acres. Nothing in this subsection exempts a
local government from minimum area requirements established in acknowledged
comprehensive plans and land use regulations.
(9) The requirements of
subsection (7) of this section do not apply to property transferred through a
property line adjustment as [provided]
described in ORS 92.010 [(8)(e)]
(9)(e).
SECTION 5.
ORS 92.345 is amended to read:
92.345. (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[, respectively,] by ORS
92.010 [(16) and (17)], a certified
copy of the plat filed for record under ORS 92.120 and a copy of any conditions
imposed by the city or county governing body;
(B) For [“partitioned land” or] a [“] partition”] as [those terms are] that term is defined by ORS 92.010 [(7) and (8)], a certified copy of the
plat filed for record under ORS 92.120 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 to 92.495, 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.
SECTION 6. Section
2 of this 2008 Act and the amendments to ORS 92.010 and 92.060 by sections 3
and 4 of this 2008 Act apply to property line adjustments approved before, on
or after the effective date of this 2008 Act.
SECTION 7. This
2008 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2008 Act takes
effect on its passage.
Approved by the Governor March 3, 2008
Filed in the office of Secretary of State March 4, 2008
Effective date March 3, 2008
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