Chapter 92 — Subdivisions
and Partitions
2011 EDITION
SUBDIVISIONS AND PARTITIONS
PROPERTY RIGHTS AND TRANSACTIONS
TENTATIVE AND FINAL APPROVAL OF PLANS;
PLATS
92.010 Definitions
for ORS 92.010 to 92.192
92.012 Compliance
with ORS 92.010 to 92.192 required
92.014 Approval
of city or county required for specified divisions of land
92.016 Sale
or negotiation to sell lot or parcel prior to approval of tentative plan
92.017 When
lawfully created lot or parcel remains discrete lot or parcel
92.018 Buyer’s
remedies for purchase of improperly created unit of land
92.025 Prohibition
of sale of lot or parcel prior to recordation of plat; waiver
92.027 Deed
reference to creation of unit of land
92.040 Application
for approval of subdivision or partition; tentative plan; applicability of
local government laws
92.042 Governing
body having jurisdiction to approve plans, maps or plats
92.044 Adoption
of standards and procedures governing approval of plats and plans; delegation;
fees
92.046 Adoption
of regulations governing approval of partitioning of land; delegation; fees
92.048 Procedure
for adoption of regulations under ORS 92.044 and 92.046
92.050 Requirements
of survey and plat of subdivision and partition
92.055 Requirements
for unsurveyed and unmonumented
parcels on plats
92.060 Marking
subdivision, partition or condominium plats with monuments; types of monuments;
property line adjustment
92.065 Monumenting certain subdivision corners after recording
plat; bond, cash deposit or other security
92.070 Surveyor’s
certificates; procedure for recording monumented
corners on plat previously recorded; reestablishing certain monuments
92.075 Declaration
required to subdivide or partition property; contents
92.080 Preparation
of plat
92.090 Approval
of subdivision plat names; requisites for approval of tentative subdivision or
partition plan or plat
92.095 Payment
of taxes, interest or penalties before subdivision or partition plat recorded
92.097 Employment
of registered engineer by private developer; government standards and fees
92.100 Approval
of plat by city or county surveyor; procedures; approval by county assessor and
county governing body; fees
92.105 Time
limit for final action by city or county on tentative plan
92.120 Recording
plats; filing copies; preservation of records
92.130 Additional
tracings transferred to county surveyor; replacing lost or destroyed records
92.140 Indexing
of plats
92.150 Construction
of donations marked on plat
92.160 Notice
to Real Estate Commissioner of receipt of subdivision plat
92.170 Amending
recorded plat; affidavit of correction; fees
92.175 Methods
by which certain land may be provided for public purposes
92.176 Validation
of unit of land not lawfully established
92.177 Creation
of parcel by less than all owners of lawfully established unit of land
92.178 Creation
of parcel previously approved but not acted upon
92.179 Liability
for costs of relocating utility facilities
REPLATTING
92.180 Authority
to review replats
92.185 Reconfiguration
of lots or parcels and public easements; vacation; notice; utility easements
92.190 Effect
of replat; operation of other statutes; use of
alternate procedures
92.192 Property
line adjustment; zoning ordinances; lot or parcel size
UNDEVELOPED SUBDIVISIONS
92.205 Policy
92.215 Review
authorized; manner
92.225 Review
of undeveloped or developed subdivision plat lands
92.234 Revision,
vacation of undeveloped subdivisions; vacation proceedings; effect of
initiation by affected landowner
92.245 Fees
for review proceedings resulting in modification or vacation
MISCELLANEOUS PROVISIONS
92.285 Retroactive
ordinances prohibited
OREGON SUBDIVISION AND SERIES PARTITION
CONTROL LAW
(Generally)
92.305 Definitions
for ORS 92.305 to 92.495
92.313 Policy;
construction; citation
92.317 Policy;
protection of consumers
92.325 Application
of ORS 92.305 to 92.495
92.337 Exemption
procedures; withdrawal of exemption; filing fee
92.339 Use
of fees
(Filing Requirements)
92.345 Notice
of intention; fee
92.355 Commissioner
may request further information; content
92.365 Filing
information to be kept current; fee for notice of material change
92.375 Consent
to service of process on commissioner
(Examination of Subdivision and Series Partition;
Public Report)
92.385 Examination;
public report; waiver of examination in other state
92.395 Waiver
of examination in this state; notice to subdivider or
series partitioner
92.405 Sale
prohibited where public report not waived; distribution and use of public
report
92.410 Review
of subdivisions for which public report issued; revised public report;
compliance with ORS 92.305 to 92.495
92.415 Advance
of travel expense for examination of subdivision or series partition
(Requirements for Sale)
92.425 Conditions
prerequisite to sale
92.427 Cancellation
of agreement to buy interest in subdivision or series partition; procedure;
effect; waiver; exemptions
92.430 Notice
to purchaser of cancellation rights; form
92.433 Escrow
documents required of successor to vendor’s interest
92.455 Inspection
of records
(Prohibited Acts)
92.460 Blanket
encumbrance permitted only in certain circumstances
92.465 Fraud
and deceit prohibited
92.475 False
or misleading advertising prohibited; liability
92.485 Waiver
of legal rights void
(Enforcement)
92.490 Civil
penalty
92.495 Cease
and desist order; injunction
SUBDIVISION IN MANUFACTURED DWELLING
PARK OR MOBILE HOME PARK
92.830 Definitions
for ORS 92.830 to 92.845
92.832 Policy
92.835 Subdivision
of manufactured dwelling park or mobile home park; waiver of right of
remonstrance to formation of local improvement district
92.837 Application
of city or county comprehensive plans and land use regulations; placement of
new or replacement manufactured dwelling
92.839 Notice
to tenants of conversion and tenants’ rights during conversion
92.840 Sale
of subdivision lots; offer to sell lot to tenant; improvement or rehabilitation
of park proposed for subdivision; continuation of tenancy on lot in subdivision
92.843 Approval
of declaration or amendment to declaration made pursuant to ORS 92.845
92.845 Relationship
of subdivision in manufactured dwelling park or mobile home park to planned
community statutes and series partition statutes; system development charges
PENALTIES
92.990 Penalties
TENTATIVE AND FINAL APPROVAL OF PLANS;
PLATS
92.010 Definitions for ORS 92.010 to
92.192. As used in ORS 92.010 to 92.192, 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 92.192; 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)
“Lot” means a single unit of land that is created by a subdivision of land.
(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.
(9)
“Partitioning land” means dividing land to create not more than three parcels
of land within a calendar year, but does not include:
(a)
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)
Adjusting a property line as property line adjustment is defined in this
section;
(c)
Dividing land as a result of the recording of a subdivision or condominium
plat;
(d)
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 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 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 the
property is further subdivided or partitioned; or
(e)
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.
(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 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)
“Sale” or “sell” includes every disposition or transfer of land or an interest
or estate therein.
(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. [Amended by 1955 c.756
§1; 1973 c.696 §3; 1977 c.809
§4; 1979 c.46 §1; 1985 c.369
§5; 1985 c.717 §1; 1989 c.772
§1; 1991 c.763 §1; 1993 c.702
§1; 1993 c.704 §4; 1995 c.382
§3; 1997 c.268 §1; 2001 c.544
§3; 2005 c.399 §1; 2007 c.652
§1; 2007 c.866 §4; 2008 c.12
§3]
92.012 Compliance with ORS 92.010 to
92.192 required. No land may be subdivided or
partitioned except in accordance with ORS 92.010 to 92.192. [1973 c.696 §2; 1975 c.643 §24]
92.014 Approval of city or county required
for specified divisions of land. (1) A person
may not create a street or road for the purpose of subdividing or partitioning
an area or tract of land without the approval of the city or county having
jurisdiction over the area or tract of land to be subdivided or partitioned.
(2)
Notwithstanding ORS 92.175, an instrument dedicating land to public use may not
be accepted for recording in this state unless the instrument bears the
approval of the city or county authorized by law to accept the dedication. [1955
c.756 §3; 1973 c.696 §4;
1991 c.763 §4; 2005 c.399 §2]
92.016 Sale or negotiation to sell lot or
parcel prior to approval of tentative plan. (1) No
person shall sell any lot in any subdivision with respect to which approval is
required by any ordinance or regulation adopted under ORS 92.044 and 92.048
until such approval is obtained. No person shall negotiate to sell any lot in a
subdivision until a tentative plan has been approved.
(2)
A person may negotiate to sell any parcel in a partition with respect to which
approval of a tentative plan is required by any ordinance or regulation adopted
under ORS 92.044 or 92.046, respectively, prior to the approval of the
tentative plan for the partition, but no person may sell any parcel in a
partition for which approval of a tentative plan is required by any ordinance
or regulation adopted under ORS 92.044 or 92.046, respectively, prior to such
approval. [1955 c.756 §24; 1973 c.696
§5; 1974 c.74 §1; 1977 c.809
§5; 1991 c.763 §5; 2003 c.14
§34]
92.017 When lawfully created lot or parcel
remains discrete lot or parcel. A lot or parcel
lawfully created shall remain a discrete lot or parcel, unless the lot or
parcel lines are vacated or the lot or parcel is further divided, as provided
by law. [1985 c.717 §3; 1993 c.702
§2]
92.018 Buyer’s remedies for purchase of
improperly created unit of land. (1) If a
person buys a unit of land that is not a lawfully established unit of land, the
person may bring an individual action against the seller in an appropriate
court to recover damages or to obtain equitable relief. The court shall award reasonable
attorney fees to the prevailing party in an action under this section.
(2)
If the seller of a unit of land that was not lawfully established is a county
that involuntarily acquired the unit of land by means of foreclosure under ORS
chapter 312 of delinquent tax liens, the person who purchases the unit of land
is not entitled to damages or equitable relief. [1983 c.718
§4; 1995 c.618 §53; 1997 c.805
§2; 2007 c.866 §5]
92.020
[Repealed by 1955 c.756 §5 (92.025 enacted in lieu of
92.020 and 92.030)]
92.025 Prohibition of sale of lot or
parcel prior to recordation of plat; waiver. (1) A
person may not sell a lot in a subdivision or a parcel in a partition until the
plat of the subdivision or partition has been acknowledged and recorded with
the recording officer of the county in which the lot or parcel is situated.
(2)
A person may not sell a lot in a subdivision or a parcel in a partition by
reference to or exhibition or other use of a plat of
the subdivision or partition before the plat for the subdivision or partition
has been so recorded. In negotiating to sell a lot in a subdivision or a parcel
in a partition under ORS 92.016 (1) and (2), a person may use the approved
tentative plan for the subdivision or partition.
(3)
Notwithstanding subsections (1) and (2) of this section, the governing body of
a city or county may enact an ordinance waiving the requirement that parcels
created in excess of 80 acres be shown on a partition plat. Nothing in this
subsection shall exempt a local government from minimum area requirements
established in acknowledged comprehensive plans and land use regulations. [1955
c.756 §6 (enacted in lieu of 92.020 and 92.030); 1973
c.696 §6; 1977 c.809 §6;
1989 c.772 §4; 1991 c.763 §6;
2005 c.399 §3]
92.027 Deed reference to creation of unit
of land. A person who conveys or contracts to
convey fee title to a lot or parcel, or another unit of land resulting from a
lien foreclosure or foreclosure of a recorded contract for the sale of real
property, created or established on or after January 1, 2008, must include in
the deed or other instrument conveying or contracting to convey fee title:
(1)
A reference to the recorded subdivision plat or partition plat
for the lot or parcel;
(2)
A reference to or exhibit of the final land use decision that approved the
subdivision or partition if a subdivision plat or partition plat
is not required by law; or
(3)
A reference to or exhibit of a final judgment or other document that evidences
a lien foreclosure or a foreclosure of a recorded contract for the sale of the
real property. [2007 c.866 §3]
Note: 92.027
was added to and made a part of 92.010 to 92.192 by legislative action but was
not added to any smaller series therein. See Preface to Oregon Revised Statutes
for further explanation.
92.030
[Repealed by 1955 c.756 §5 (92.025 enacted in lieu of
92.020 and 92.030)]
92.040 Application for approval of
subdivision or partition; tentative plan; applicability of local government
laws. (1) Before a plat
of any subdivision or partition subject to review under ORS 92.044 may be made
and recorded, the person proposing the subdivision or partition or authorized
agent or representative of the person shall make an application in writing to
the county or city having jurisdiction under ORS 92.042 for approval of the
proposed subdivision or partition in accordance with procedures established by
the applicable ordinance or regulation adopted under ORS 92.044. Each such
application shall be accompanied by a tentative plan showing the general design
of the proposed subdivision or partition. No plat for any proposed subdivision
or partition may be considered for approval by a city or county until the
tentative plan for the proposed subdivision or partition has been approved by
the city or county. Approval of the tentative plan shall not constitute final
acceptance of the plat of the proposed subdivision or partition for recording.
However, approval by a city or county of such tentative plan shall be binding
upon the city or county for the purposes of the preparation of the subdivision
or partition plat, and the city or county may require only such changes in the
subdivision or partition plat as are necessary for compliance with the terms of
its approval of the tentative plan for the proposed subdivision or partition.
(2)
After September 9, 1995, when a local government makes a decision on a land use
application for a subdivision inside an urban growth boundary, only those local
government laws implemented under an acknowledged comprehensive plan that are
in effect at the time of application shall govern subsequent construction on
the property unless the applicant elects otherwise.
(3)
A local government may establish a time period during which decisions on land
use applications under subsection (2) of this section apply. However, in no
event shall the time period exceed 10 years, whether or not a time period is
established by the local government. [Amended by 1955 c.756
§7; 1973 c.696 §7; 1983 c.826
§8; 1989 c.772 §5; 1995 c.812
§9; 2005 c.22 §71]
92.042 Governing body having jurisdiction
to approve plans, maps or plats. (1) Land
within six miles outside of the corporate limits of a city is under the
jurisdiction of the city for the purpose of giving approval of plans, maps and
plats of subdivisions and partitions under ORS 92.040 and 227.110. However,
unless otherwise provided in an urban growth area management agreement jointly
adopted by a city and county to establish procedures for regulating land use
outside the city limits and within an urban growth boundary acknowledged under
ORS 197.251, when the governing body of a county has adopted ordinances or
regulations for subdivision and partition control as required by ORS 92.044,
land in the county within the six-mile limit shall be under the jurisdiction of
the county for those purposes.
(2)
Land over six miles from the corporate limits of a city is under the
jurisdiction of the county for the purpose of giving approval of plans, maps
and plats for subdivisions and partitions under ORS 92.040. [1955 c.756 §4; 1973 c.261 §1; 1973 c.696 §8; 1983 c.570 §3; 1991 c.763 §7]
92.044 Adoption of standards and
procedures governing approval of plats and plans; delegation; fees.
(1)(a) The governing body of a county or a city shall, by regulation or
ordinance, adopt standards and procedures, in addition to those otherwise
provided by law, governing, in the area over which the county or the city has
jurisdiction under ORS 92.042, the submission and approval of tentative plans
and plats of subdivisions, tentative plans and plats of partitions in exclusive
farm use zones established under ORS 215.203.
(b)
The standards shall include, taking into consideration the location and
surrounding area of the proposed subdivisions or partitions, requirements for:
(A)
Placement of utilities subject to subsection (7) of this section, for the width
and location of streets or for minimum lot sizes and other requirements the
governing body considers necessary for lessening congestion in the streets;
(B)
Securing safety from fire, flood, slides, pollution or other dangers;
(C)
Providing adequate light and air including protection and assurance of access
to incident solar radiation for potential future use;
(D)
Preventing overcrowding of land;
(E)
Facilitating adequate provision of transportation, water supply, sewerage,
drainage, education, recreation or other needs; and
(F)
Protection and assurance of access to wind for potential electrical generation
or mechanical application.
(c)
The ordinances or regulations shall establish the form and contents of
tentative plans of partitions and subdivisions submitted for approval.
(d)
The procedures established by each ordinance or regulation shall provide for
the coordination in the review of the tentative plan of any subdivision or partition
with all affected city, county, state and federal agencies and all affected
special districts.
(2)(a)
The governing body of a city or county may provide for the delegation of any of
its lawful functions with respect to subdivisions and partitions to the
planning commission of the city or county or to an official of the city or
county appointed by the governing body for such purpose.
(b)
If an ordinance or regulation adopted under this section includes the
delegation to a planning commission or appointed official of the power to take
final action approving or disapproving a tentative plan for a subdivision or
partition, such ordinance or regulation may also provide for appeal to the
governing body from such approval or disapproval.
(c)
The governing body may establish, by ordinance or regulation, a fee to be
charged for an appeal under ORS chapter 197, 215 or 227, except for an appeal
under ORS 197.805 to 197.855.
(3)
The governing body may, by ordinance or regulation, prescribe fees sufficient
to defray the costs incurred in the review and investigation of and action upon
proposed subdivisions that are submitted for approval pursuant to this section.
As used in this subsection, “costs” does not include costs for which fees are
prescribed under ORS 92.100 and 205.350.
(4)
The governing body may, by ordinance or regulation, prescribe fees sufficient
to defray the costs incurred in the review and investigation of and action upon
proposed partitions that are submitted for approval pursuant to this section.
(5)
Ordinances and regulations adopted under this section shall be adopted in
accordance with ORS 92.048.
(6)
Any ordinance or regulation adopted under this section shall comply with the
comprehensive plan for the city or county adopting the ordinance or regulation.
(7)
Unless specifically requested by a public or private utility provider, the
governing body of a city or county may not require a utility easement except
for a utility easement abutting a street. Utility infrastructure may not be
placed within one foot of a survey monument location noted on a subdivision or
partition plat. The governing body of a city or county may not place additional
restrictions or conditions on a utility easement granted under this chapter.
(8)
For the purposes of this section:
(a)
“Incident solar radiation” means solar energy falling upon a given surface
area.
(b)
“Wind” means the natural movement of air at an annual average speed measured at
a height of 10 meters of at least eight miles per hour. [1955 c.756 §9; 1973 c.696 §9; 1974 c.74 §2; 1979 c.671 §1; 1981 c.590 §5; 1983 c.570 §1; 1983 c.826 §9; 1983 c.827 §19e; 1987 c.649 §11; 1989 c.772 §6; 1991 c.763 §8; 1993 c.792 §46; 1997 c.489 §1; 1999 c.348 §12; 2005 c.399 §4; 2007 c.652 §2]
92.046 Adoption of regulations governing
approval of partitioning of land; delegation; fees.
(1) The governing body of a county or a city may, as provided in ORS 92.048,
when reasonably necessary to accomplish the orderly development of the land
within the jurisdiction of such county or city under ORS 92.042 and to promote
the public health, safety and general welfare of the county or city, adopt
regulations or ordinances governing approval, by the county or city of proposed
partitions. Such regulations or ordinances shall be applicable throughout the
area over which the county or city has jurisdiction under ORS 92.042, or over
any portion thereof. Such ordinances or regulations may specify the
classifications of such partitions which require approval under this section
and may establish standards and procedures governing the approval of tentative
plans for such partitions. The standards may include all, or less than all, of
the same requirements as are provided or authorized for subdivisions under ORS
92.010 to 92.192 and may provide for different standards and procedures for
different classifications of such partitions so long as the standards are no
more stringent than are imposed by the city or county in connection with
subdivisions.
(2)
Such ordinances or regulations may establish the form and contents of the
tentative plans of partitions submitted for approval.
(3)(a)
The governing body of a city or county may provide for the delegation of any of
its lawful functions with respect to partitions to the planning commission of
the city or county or to an official of the city or county appointed by the
governing body for such purpose.
(b)
If an ordinance or regulation adopted under this section includes the
delegation to a planning commission or appointed official of the power to take
final action approving or disapproving a tentative plan for a partition, such
ordinance or regulation may also provide for appeal to the governing body from
such approval or disapproval and require initiation of any such appeal within
10 days after the date of the approval or disapproval from which the appeal is
taken.
(c)
The governing body may establish, by ordinance or regulation, a fee to be
charged for an appeal under ORS chapter 197, 215 or 227, except for an appeal
under ORS 197.805 to 197.855.
(4)
The governing body may, by ordinance or regulation, prescribe fees sufficient
to defray the costs incurred in the review and investigation of and action upon
applications for approval of proposed partitions.
(5)
No tentative plan of a proposed partition may be approved unless the tentative
plan complies with the applicable zoning ordinances and regulations and the
ordinances or regulations adopted under this section that are then in effect
for the city or county within which the land described in the tentative plan is
situated.
(6)
Any ordinance or regulation adopted under this section shall comply with the
comprehensive plan for the city or county adopting the ordinance or regulation.
[1955 c.756 §22; 1973 c.696
§10; 1983 c.827 §19f; 1989 c.772 §7; 1993 c.792 §47; 1999 c.348 §13]
92.048 Procedure for adoption of
regulations under ORS 92.044 and 92.046. The procedure
for adoption of any ordinance or regulation under ORS 92.044 and 92.046 is as
follows:
(1)
The planning commission of the county or the city shall hold a public hearing
on the proposed ordinance or regulation after publishing notice of the hearing
10 days prior to the hearing in a newspaper of general circulation published in
the area in which land to be subject to such ordinance or regulation is
situated or, if there is no such newspaper, a newspaper of general circulation
published in the county. The notice shall contain the time, place and purpose
of the hearing and a description of the land to be subject to the ordinance or
regulation.
(2)
Prior to the expiration of 60 days after the date of such hearing, the planning
commission may transmit its recommendation regarding the proposed ordinance or
regulation to the governing body of the county or city, as the case may be. If
the planning commission recommendation has not been received by the governing
body of the county or the city prior to the expiration of such 60-day period,
the governing body may consider the ordinance or regulation without
recommendation of the planning commission thereon.
(3)
Prior to the adoption of such ordinance or regulation, the governing body of
the county or the city shall hold a hearing thereon after giving notice of the
hearing in the same manner provided in subsection (1) of this section.
(4)
A copy of any regulation or ordinance adopted by the governing body of a county
or a city under this section, together with a map of the area subject to the
regulation or ordinance and a brief statement of the different classifications,
if any, of land partitioning under the ordinance or regulation, shall be filed
with the recording officer of the county in which the land subject to the
ordinance or regulation is situated. Such ordinance or regulation shall not be
effective until so filed. If the ordinance or regulation is applicable
throughout all of the area over which the county or city has jurisdiction under
ORS 92.042, only an outline map of such area shall be filed with the recording
officer of the county.
(5)
The ordinance or regulation may be amended from time to time by following the
procedure prescribed in this section. [1955 c.756 §23;
1973 c.314 §1; 1973 c.696 §11;
1983 c.570 §2]
92.050 Requirements of survey and plat of subdivision
and partition. (1) A person shall not submit a plat of a subdivision or partition for record, until all
the requirements of ORS 209.250 and the plat requirements of the subdivision or
partition have been met.
(2)
The survey for the plat of the subdivision or partition shall be done in a
manner to achieve sufficient accuracy that measurements may be taken between
monuments within one-tenth of a foot or one ten-thousandth of the distance
shown on the subdivision or partition plat, whichever is greater.
(3)
The survey and plat of the subdivision or partition shall be made by a registered
professional land surveyor.
(4)
The plat of the subdivision or partition shall be of sufficient scale and
lettering size, approved by the county surveyor, so that:
(a)
The survey and mathematical information and all other details are clearly and
legibly shown on the plat.
(b)
Each lot or parcel is numbered consecutively.
(c)
The lengths and courses of the boundaries of each lot or parcel are shown on
the plat.
(d)
Each street is named and shown on the plat.
(5)
The locations and descriptions of all monuments found or set must be carefully
recorded upon all plats and the proper courses and distances of all boundary
lines, conforming to the surveyor’s certificate, must be shown.
(6)
The location, dimensions and purpose of all recorded and proposed public and
private easements must be shown on the subdivision or partition plat along with
the county clerk’s recording reference if the easement has been recorded by the
county clerk. Private easements become effective upon the recording of the
plat.
(7)
The area of each lot or parcel must be shown on the subdivision or partition
plat.
(8)
In addition to showing bearings in degrees, minutes and seconds and distances
in feet and hundredths of a foot, the following curve information must be shown
on the subdivision or partition plat either on the face of the map or in a
separate table:
(a)
Arc length;
(b)
Chord length;
(c)
Chord bearing;
(d)
Radius; and
(e)
Central angle.
(9)
A city or county may not require that a final subdivision, condominium or
partition plat show graphically or by notation on the final plat any
information or requirement that is or may be subject to administrative change
or variance by a city or county or any other information unless authorized by
the county surveyor. [Amended by 1955 c.756 §10; 1983
c.309 §3; 1989 c.772 §8;
1991 c.763 §10; 1993 c.702 §3;
1995 c.382 §4; 1997 c.489 §2;
1999 c.1018 §1; 2005 c.399 §5]
92.055 Requirements for unsurveyed and unmonumented
parcels on plats. (1) A parcel larger than 10
acres that is created outside an urban growth boundary is not required to be
surveyed and monumented and shall comply with the
following:
(a)
The approximate acreage of each unsurveyed parcel
shall be shown; and
(b)
Any unsurveyed parcel shall have the words “unsurveyed” placed in bold letters adjacent to the parcel
number.
(2)
Unsurveyed parcels need not comply with ORS 92.050
(5), (7) and (8). [1995 c.382 §2; 1999 c.1018 §2; 2005 c.399 §6]
Note: 92.055
was added to and made a part of 92.010 to 92.192 by legislative action but was
not added to any smaller series therein. See Preface to Oregon Revised Statutes
for further explanation.
92.060 Marking subdivision, partition or
condominium plats with monuments; types of monuments; property line adjustment.
(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, 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 described in ORS 92.010
(9)(e). [Amended by 1955 c.756 §11; 1973 c.696 §12; 1983 c.309 §4; 1989 c.772 §9; 1991 c.331 §20; 1991 c.763 §11; 1993 c.702 §4; 1995 c.79 §32; 1995 c.382 §5; 1997 c.268 §2; 1997 c.489 §3; 1997 c.631 §391; 1999 c.1018 §3; 2005 c.230 §3; 2005 c.399 §7a; 2007 c.866 §9; 2008 c.12 §4]
92.065 Monumenting
certain subdivision corners after recording plat; bond, cash deposit or other
security. (1) Except for exterior monuments
described in ORS 92.060 (5), if the remaining corners of a subdivision are to
be monumented on or before a specified date after the
recording of the plat of the subdivision, the person subdividing the land
described in the subdivision plat shall furnish to the county surveyor, prior
to approval of the subdivision plat by the county surveyor, a bond, cash
deposit, irrevocable letter of credit issued by an insured institution as
defined in ORS 706.008 or other security, as required at the option of the city
or county, in an amount equal to 120 percent of the estimated cost of
performing the work for the remaining monumentation.
(2)
The county surveyor may require that the setting of the remaining corners of
the subdivision be delayed, according to the provisions of this section, if the
installation of street and utility improvements has not been completed, or if
other conditions or circumstances justify the delay.
(3)
The person subdividing the lands described in subsection (1) of this section
shall pay the surveyor for performing the remaining monumentation
work and notify the county surveyor of the payment. The county surveyor, within
three months after the notice, shall release the bond, irrevocable letter of
credit or other required security, or return the cash deposit upon a finding
that the payment has been made. Upon written request from the person
subdividing the land, the governing body may pay the surveyor from moneys
within a cash deposit held by it for that purpose and return the excess of the
cash deposit, if any, to the person who made the deposit. If the subdivider has not paid the surveyor within 30 days of
final approval of the remaining monumentation, the
city or county may pay the surveyor from moneys held in a cash deposit, if any,
or require payment to be made from other security.
(4)
In the event of the death, disability or retirement from practice of the
surveyor charged with the responsibility for setting remaining monuments for a
subdivision or upon the failure or refusal of the surveyor to set the
monuments, the county surveyor shall cause the monumentation
to be completed and referenced for recording as provided in ORS 92.070. If
another surveyor completes the remaining monumentation,
the surveyor shall submit an affidavit to the county surveyor complying with
ORS 92.070 (3)(b). The county surveyor shall note on the original, and on any
exact copies filed in accordance with ORS 92.120 (3) the surveyor’s name and
business address. Payment of the fees for completing said monumentation
shall be made by the subdivider within 30 days of the
completion of such work. In the event that the subdivider
fails to pay such fees within 30 days, the bond, cash deposit, irrevocable
letter of credit or other security may be used to pay such fees; and when such
cash or other securities are inadequate to cover the cost incurred by the
county surveyor, the balance due will constitute a lien on any lots in the
subdivision that are still in the ownership of the subdivider
when recorded pursuant to ORS 93.600 to 93.800. [1973 c.696
§14; 1983 c.309 §5; 1989 c.772
§10; 1991 c.331 §21; 1991 c.763
§12; 1995 c.382 §6; 1997 c.631
§392; 1999 c.1018 §4]
92.070 Surveyor’s certificates; procedure
for recording monumented corners on plat previously
recorded; reestablishing certain monuments. (1)
Except as otherwise provided in this section, a subdivision or partition plat
designating the location of land in a county in the State of Oregon, offered
for record, must include on the face of the plat a surveyor’s certificate,
together with the seal and signature of the surveyor having surveyed the land
represented on the plat, to the effect that the surveyor has correctly surveyed
and marked with proper monuments the lands as represented and has placed a
proper monument as provided in ORS 92.060 indicating the initial point of the
plat and its location in accordance with ORS 92.060 (1) and accurately describing
by metes or bounds, or other description as approved
by the county surveyor, the tract of land upon which the lots and blocks or
parcels are laid out.
(2)
If the person subdividing any land has complied with ORS 92.065 (1), the
surveyor may prepare the plat of the subdivision for recording with only the
exterior monuments referenced on the subdivision plat as submitted for
recording. The subdivision plat shall include a certification of the surveyor
that the remaining corners for the subdivision will be monumented
on or before a specified date in accordance with ORS 92.060, noting those
monuments to be set on or before said specified date on the subdivision plat as
approved by the city or county.
(3)
After the remaining corners for a subdivision have been monumented
as provided in the certificate submitted under subsection (2) of this section,
the surveyor performing the work shall:
(a)
Within five days after completion of the work, notify the person subdividing
the land involved and the county surveyor by whom the subdivision was approved;
and
(b)
Upon approval of the work under ORS 92.100 by the county surveyor, submit an
affidavit for recording stating that the subdivision plat has been correctly
surveyed and marked with proper monuments at the remaining corners of the
subdivisions as noted on the original subdivision plat. Any monument that
cannot be set shall be separately noted and a reference monument shall be set.
The affidavit shall be approved by the county surveyor before recording. The surveyor
who prepared the affidavit shall cause the affidavit to be recorded in the
office of the county recorder where the subdivision plat is recorded. The
county clerk shall promptly provide a recorded copy of the affidavit to the
county surveyor. The county surveyor shall note the monuments set and the
recorder’s information on the county surveyor’s copy of the subdivision plat
and any exact copies filed in accordance with ORS 92.120 (3). The original plat
may not be corrected or changed after it is recorded with the county clerk.
(4)
The county surveyor approving the work pursuant to subsection (3) of this
section shall reference the approval upon the subdivision plat and tracings
previously recorded. A city surveyor approving the work under ORS 92.100 (1)
shall reference that surveyor’s approval on the affidavit required under this
section prior to approval by the county surveyor.
(5)
Notwithstanding ORS 209.250, the surveyor who prepared the subdivision or
partition plat may reestablish plat monuments within two years of plat
recordation without filing a map of the survey as required under ORS 209.250.
The surveyor reestablishing any plat monuments shall prepare an affidavit
stating that the reestablished corners of the subdivision or partition plat have
been correctly surveyed and marked with proper monuments as required under ORS
92.060. The affidavit shall be approved by the county surveyor prior to
recordation of the affidavit with the county clerk. The surveyor who prepared
the affidavit shall file the affidavit with the county clerk for the county
where the subdivision or partition plat is recorded.
The county clerk shall promptly provide a certified copy of the recorded
affidavit to the surveyor. The county surveyor shall indicate the reestablished
monuments on the county surveyor’s copy of the plat of the subdivision or
partition and any copies of the plat filed under ORS 92.120 (3). The original
plat may not be corrected or changed after it is recorded with the county
clerk. The county shall charge a fee for recording the affidavit in the county
clerk’s office and the county surveyor’s office. The fee shall be established
by the governing body of the county and shall be paid to the county surveyor. [Amended
by 1973 c.696 §13; 1983 c.309
§6; 1989 c.772 §11; 1991 c.763
§13; 1995 c.382 §7; 1997 c.489
§4; 1999 c.1018 §5; 2001 c.173
§1; 2005 c.399 §8]
92.075 Declaration required to subdivide
or partition property; contents. (1) In order
to subdivide or partition any property, the declarant
shall include on the face of the subdivision or partition plat, if a partition plat is required, a declaration, taken before a notary
public or other person authorized by law to administer oaths, stating that the declarant has caused the subdivision or partition plat to be prepared and the property subdivided or
partitioned in accordance with the provisions of this chapter. Any dedication
of land to public purposes or any public or private easements created, or any
other restriction made, shall be stated in the declaration.
(2)
If the declarant is not the fee owner of the
property, the fee owner and the vendor under any instrument of sale shall also
execute the declaration for the purpose of consenting to the property being
subdivided or partitioned.
(3)
If the subdivision or partition plat contains any
dedication or donation of land to public purposes, the holder of any mortgage
or trust deed shall also execute the declaration for the purpose of consenting
to the property being submitted to the provisions of this chapter.
(4)
Notwithstanding the provisions of subsections (1) to (3) of this section, the
fee owner, vendor or the mortgage or trust deed holder may record an affidavit
consenting to the declaration of property being subdivided or partitioned and
to any dedication or donation of property to public purposes. The affidavit
must indicate the recorded document by which the interest in the property was
acquired and all information required by ORS 93.410 to 93.530 and must be
recorded in deed records at the same time as the subdivision or partition plat.
The county clerk shall note the recording information of the affidavit on the
original and any exact copies of the subdivision or partition plat. [1991 c.763 §3; 1995 c.382 §8; 2005 c.399 §9]
Note: 92.075
was added to and made a part of ORS chapter 92 by legislative action but was
not added to any smaller series therein. See Preface to Oregon Revised Statutes
for further explanation.
92.080 Preparation of plat.
Notwithstanding ORS 205.232 and 205.234, all plats subdividing or partitioning
land in a county in this state, dedications of streets or roads or public parks
and squares and other writings made a part of the subdivision or partition
plats offered for record in a county in this state must be made on material
that is 18 inches by 24 inches in size with an additional three-inch binding
edge on the left side when required by the county clerk or the county surveyor,
that is suitable for binding and copying purposes, and that has the
characteristics of strength and permanency required by the county clerk and
county surveyor. All signatures on the original subdivision or partition plat must be in archival quality black ink. The subdivision
or partition plat must be of a scale required by the
county surveyor. The lettering of the approvals, the declaration, the surveyor’s
certificate and all other information must be of a size or type to be clearly
legible, but the information may not come nearer an edge of the sheet than one
inch. The subdivision or partition plat may be placed on as many sheets as
necessary, but a face sheet and an index page must be included for subdivision
or partition plats placed upon three or more sheets. [Amended by 1955 c.756 §12; 1973 c.696 §15; 1985 c.582 §1; 1989 c.772 §12; 1991 c.763 §14; 1993 c.321 §6; 1993 c.702 §5; 1997 c.489 §5; 1999 c.710 §3; 2005 c.399 §10]
92.090 Approval of subdivision plat names;
requisites for approval of tentative subdivision or partition plan or plat.
(1) Subdivision plat names shall be subject to the approval of the county
surveyor or, in the case where there is no county surveyor, the county
assessor. No tentative subdivision plan or subdivision plat of a subdivision
shall be approved which bears a name similar to or pronounced the same as the
name of any other subdivision in the same county, unless the land platted is
contiguous to and platted by the same party that platted the subdivision
bearing that name or unless the party files and records the consent of the
party that platted the contiguous subdivision bearing that name. All
subdivision plats must continue the lot numbers and, if used, the block numbers
of the subdivision plat of the same name last filed. On or after January 1,
1992, any subdivision submitted for final approval shall not use block numbers
or letters unless such subdivision is a continued phase of a previously
recorded subdivision, bearing the same name, that has previously used block
numbers or letters.
(2)
No tentative plan for a proposed subdivision and no tentative plan for a proposed
partition shall be approved unless:
(a)
The streets and roads are laid out so as to conform to the plats of
subdivisions and partitions already approved for adjoining property as to
width, general direction and in all other respects unless the city or county
determines it is in the public interest to modify the street or road pattern.
(b)
Streets and roads held for private use are clearly indicated on the tentative
plan and all reservations or restrictions relating to such private roads and
streets are set forth thereon.
(c)
The tentative plan complies with the applicable zoning ordinances and
regulations and the ordinances or regulations adopted under ORS 92.044 that are
then in effect for the city or county within which the land described in the
plan is situated.
(3)
No plat of a proposed subdivision or partition shall be approved unless:
(a)
Streets and roads for public use are dedicated without any reservation or
restriction other than reversionary rights upon vacation of any such street or
road and easements for public or private utilities.
(b)
Streets and roads held for private use and indicated on the tentative plan of
such subdivision or partition have been approved by the city or county.
(c)
The subdivision or partition plat complies with any applicable zoning
ordinances and regulations and any ordinance or regulation adopted under ORS
92.044 that are then in effect for the city or county within which the land
described in the subdivision or partition plat is
situated.
(d)
The subdivision or partition plat is in substantial
conformity with the provisions of the tentative plan for the subdivision or
partition, as approved.
(e)
The subdivision or partition plat contains a donation
to the public of all common improvements, including but not limited to streets,
roads, parks, sewage disposal and water supply systems, the donation of which
was made a condition of the approval of the tentative plan for the subdivision
or partition.
(f)
Explanations of all common improvements required as conditions of approval of
the tentative plan of the subdivision or partition have been recorded and
referenced on the subdivision or partition plat.
(4)
Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat
of a subdivision shall be approved by a city or county unless the city or
county has received and accepted:
(a)
A certification by a city-owned domestic water supply system or by the owner of
a privately owned domestic water supply system, subject to regulation by the
Public Utility Commission of Oregon, that water will be available to the lot line of each and every lot depicted in the proposed
subdivision plat;
(b)
A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county that a domestic water
supply system will be installed by or on behalf of the subdivider
to the lot line of each and every lot depicted in the
proposed subdivision plat; and the amount of any such bond, irrevocable letter
of credit, contract or other assurance by the subdivider
shall be determined by a registered professional engineer, subject to any
change in such amount as determined necessary by the city or county; or
(c)
In lieu of paragraphs (a) and (b) of this subsection, a statement that no
domestic water supply facility will be provided to the purchaser of any lot
depicted in the proposed subdivision plat, even though a domestic water supply
source may exist. A copy of any such statement, signed by the subdivider and indorsed by the city or county, shall be
filed by the subdivider with the Real Estate
Commissioner and shall be included by the commissioner in any public report
made for the subdivision under ORS 92.385. If the making of a public report has
been waived or the subdivision is otherwise exempt under the Oregon Subdivision
Control Law, the subdivider shall deliver a copy of
the statement to each prospective purchaser of a lot in the subdivision at or
prior to the signing by the purchaser of the first written agreement for the
sale of the lot. The subdivider shall take a signed
receipt from the purchaser upon delivery of such a statement, shall immediately
send a copy of the receipt to the commissioner and shall keep any such receipt
on file in this state, subject to inspection by the commissioner, for a period
of three years after the date the receipt is taken.
(5)
Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat
of a subdivision shall be approved by a city or county unless the city or
county has received and accepted:
(a)
A certification by a city-owned sewage disposal system or by the owner of a
privately owned sewage disposal system that is subject to regulation by the
Public Utility Commission of Oregon that a sewage disposal system will be
available to the lot line of each and every lot
depicted in the proposed subdivision plat;
(b)
A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county that a sewage disposal
system will be installed by or on behalf of the subdivider
to the lot line of each and every lot depicted on the
proposed subdivision plat; and the amount of such bond, irrevocable letter of
credit, contract or other assurance shall be determined by a registered
professional engineer, subject to any change in such amount as the city or
county considers necessary; or
(c)
In lieu of paragraphs (a) and (b) of this subsection, a statement that no
sewage disposal facility will be provided to the purchaser of any lot depicted
in the proposed subdivision plat, where the Department of Environmental Quality
has approved the proposed method or an alternative method of sewage disposal
for the subdivision in its evaluation report described in ORS 454.755 (1)(b). A
copy of any such statement, signed by the subdivider
and indorsed by the city or county shall be filed by the subdivider
with the Real Estate Commissioner and shall be included by the commissioner in
the public report made for the subdivision under ORS 92.385. If the making of a
public report has been waived or the subdivision is otherwise exempt under the
Oregon Subdivision Control Law, the subdivider shall
deliver a copy of the statement to each prospective purchaser of a lot in the
subdivision at or prior to the signing by the purchaser of the first written
agreement for the sale of the lot. The subdivider
shall take a signed receipt from the purchaser upon delivery of such a
statement, shall immediately send a copy of the receipt to the commissioner and
shall keep any such receipt on file in this state, subject to inspection by the
commissioner, for a period of three years after the date the receipt is taken.
(6)
Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat
of a subdivision or partition located within the boundaries of an irrigation
district, drainage district, water control district, water improvement district
or district improvement company shall be approved by a city or county unless
the city or county has received and accepted a certification from the district
or company that the subdivision or partition is either entirely excluded from
the district or company or is included within the district or company for
purposes of receiving services and subjecting the subdivision or partition to
the fees and other charges of the district or company. [Amended by 1955 c.31 §1; 1955 c.756 §13; 1965 c.393 §1; 1973 c.696 §16; 1974 c.74 §3; 1983 c.309 §7; 1989 c.772 §13; 1991 c.331 §22; 1991 c.763 §15; 1995 c.164 §1; 2007 c.652 §3]
92.095 Payment of taxes, interest or
penalties before subdivision or partition plat recorded.
(1) A subdivision or partition plat may not be recorded unless all ad valorem
taxes have been paid, including additional taxes, interest and penalties
imposed on land disqualified for any special assessment and all special
assessments, fees or other charges required by law to be placed upon the tax
roll that have become a lien upon the land or that will become a lien during
the tax year.
(2)
After July 1, and before the certification under ORS 311.105 of any year, the subdivider or partitioner shall:
(a)
If the exact amount of taxes, penalties, special assessments, fees and charges
can be computed by the assessor, pay the amount to the tax collector. The
assessor is authorized to levy and the tax collector is authorized to collect the
amount.
(b)
If the assessor is unable to compute the amount at the time, either:
(A)
Pay the amount estimated by the assessor to be needed to pay the taxes,
penalties, special assessments, fees and other charges to become due; or
(B)
Deposit with the tax collector a bond or irrevocable letter of credit with a
good and sufficient undertaking in an amount the assessor considers adequate to
ensure payment of the taxes to become due. The bond or irrevocable letter of
credit amount may not exceed twice the amount of the previous year’s taxes,
special assessments, fees and other charges upon the land.
(3)
Taxes paid or for which security is given under subsection (2)(a) or (b) of
this section are entitled to the discount provided by ORS 311.505.
(4)
ORS 311.370 applies to all taxes levied and collected under subsection (2) of
this section, except that any deficiency constitutes a personal debt against
the person subdividing or partitioning the land and not a lien against the land
and must be collected as provided by law for the collection of personal
property taxes.
(5)
If a subdivision or partition plat is recorded, any
additional taxes, interest or penalties imposed upon land disqualified for any
special assessment become a lien upon the land on the day before the plat was
recorded. [1965 c.393 §2; 1973 c.696
§17; 1979 c.350 §3; 1981 c.804
§69; 1983 c.462 §1; 1989 c.772
§14; 1991 c.331 §23; 1991 c.459
§336; 1993 c.19 §1; 2005 c.399
§11]
92.097 Employment of registered engineer
by private developer; government standards and fees.
(1) A city, county or special district may not prohibit the employment by a
developer of a registered engineer to design or supervise the installation of
the improvements of streets, water and sewer lines or other public improvements
that are to be installed in conjunction with the development of land using
private funds.
(2)
When design or supervision of installation of improvements is performed by a
registered engineer under subsection (1) of this section, the city, county or
special district may elect to establish standards for such improvements, review
and approve plans and specifications and inspect the installation of
improvements. The city, county or special district may collect a fee for
inspection and any other services provided in an amount not to exceed the
actual cost of performing the inspection or other services provided. [1979 c.191 §2; 2009 c.259 §21]
92.100 Approval of plat by city or county
surveyor; procedures; approval by county assessor and county governing body;
fees. (1)(a) Except as provided in subsection
(4) of this section, before a subdivision or partition plat that covers land
within the corporate limits of a city may be recorded, the county surveyor must
approve the plat.
(b)
Notwithstanding ORS 92.170, the governing body of the city may, by resolution
or order, designate the city surveyor to serve in lieu of the county surveyor
or, with concurrence of the county surveyor, a contract surveyor to act as city
surveyor.
(c)
Except as provided in subsection (4) of this section, if the land is outside
the corporate limits of any city, the subdivision or partition plat must be approved by the county surveyor before it is
recorded.
(d)
All subdivision plats must also be approved by the county assessor and the
governing body of the county in which the property is located before recording.
(e)
Notwithstanding paragraph (d) of this subsection, a county may provide by
ordinance for the approval of subdivision plats by:
(A)
The county assessor; and
(B)(i) The chairperson of the governing body of the county;
(ii)
The vice chairperson of the governing body of the county; or
(iii)
A person designated in lieu of the chairperson or vice chairperson.
(f)(A)
A partition plat is subject only to the approval of
the city or county surveyor unless:
(i) The partition plat includes a
dedication of land for public road purposes; or
(ii)
Provided otherwise by ordinance of the governing body.
(B)
The city or county surveyor shall review the partition plat only for compliance
with the survey-related provisions of ORS 92.010 to 92.192 and 209.250.
(2)
Before approving the subdivision plat as required by this section, the county
surveyor shall check the subdivision site and the subdivision plat and shall
take measurements and make computations and other determinations necessary to
determine that the subdivision plat complies with the survey-related provisions
of ORS 92.010 to 92.192 and 209.250 and with survey-related requirements
established pursuant to an ordinance or resolution passed by the governing body
of the controlling city or county.
(3)
Before approving the partition plat as required by this section, the county
surveyor shall check the partition plat and make computations and other
determinations that the partition plat complies with the survey-related
provisions of ORS 92.010 to 92.192 and 209.250 and with the survey-related
requirements established pursuant to an ordinance or resolution by the
governing body of the controlling city or county.
(4)
Before a subdivision or partition plat prepared by the county surveyor in a
private capacity may be recorded, the plat must be approved in accordance with
subsection (2) or (3) of this section, whichever is applicable, by the surveyor
of a county other than the county in which the land is located and who has been
designated by the county surveyor.
(5)
For performing the service described:
(a)
In subsection (2) of this section, the county surveyor shall collect from the subdivider or declarant a fee of
$100 plus $5 for each lot contained in the subdivision. The governing body of a
city or county may establish a higher fee by resolution or order.
(b)
In subsection (3) of this section, the county surveyor shall collect from the partitioner or declarant a fee to
be established by the governing body.
(c)
In subsection (4) of this section, the designated county surveyor shall collect
the applicable subdivision or partition plat check fee, and any travel expenses
incurred, as established by the designated county surveyor’s board of
commissioners. The subdivision or partition plat check fee and other expenses
must be paid by the subdivider, partitioner
or declarant prior to approval of the subdivision or
partition plat by the designated county surveyor.
(6)
Nothing in this section prohibits a city, county or special district from
requiring engineering review and approval of a subdivision plat to ensure
compliance with state and local subdivision requirements that relate to matters
other than survey adequacy.
(7)
Granting approval or withholding approval of a final subdivision or partition
plat under this section by the county surveyor, the county assessor or the
governing body of a city or county, or a designee of the governing body, is not
a land use decision or a limited land use decision, as defined in ORS 197.015. [Amended
by 1955 c.31 §2; 1955 c.756
§14; 1957 c.688 §1; 1963 c.285
§1; 1971 c.419 §1; 1979 c.824
§1; 1989 c.772 §15; 1991 c.763
§16; 1993 c.453 §1; 1993 c.702
§6; 1999 c.1018 §6; 2003 c.381
§1; 2005 c.239 §1; 2005 c.399
§12a]
92.102 [1997 c.586 §11; repealed by 2003 c.454
§81 and 2003 c.621 §49]
92.105 Time limit for final action by city
or county on tentative plan. The governing
body of a city or county or its designate is subject to the provisions of ORS
215.427 or 227.178 in taking final action on an application for approval of a
tentative plan for a subdivision or partition located within an acknowledged
urban growth boundary. [1981 c.884 §2; 1983 c.827 §51; 1989 c.772 §16]
92.110
[Amended by 1955 c.756 §15; 1973 c.351
§1; 1989 c.772 §25; repealed by 1993 c.702 §10]
92.120 Recording plats; filing copies;
preservation of records. (1) The plat of a subdivision
described in ORS 92.050, when made and approved as required and offered for
record in the records of the county where the described land is situated, must
be recorded by the county recording officer upon the payment of the fees
provided by law. The fact of recording and the date of recording must be
entered on the plat and the plat must be indexed in the deed records by owner
name and subdivision.
(2)
The partition plat described in ORS 92.050, when made and approved as required
and offered for record in the records of the county where the described land is
situated, must be recorded by the county recording officer upon the payment of
the fees provided by law. The fact of recording and the date of recording must
be entered on the plat and the plat must be indexed by owner name and plat type
or plat name. Partition plats must be numbered by year and sequentially and be
recorded in deed records.
(3)
At the time of recording a subdivision or partition plat, the person offering
it for recording shall also file with the county surveyor and with the county
recording officer, if requested by the county recording officer, an exact copy
of the plat made on material that has the characteristics of strength and
permanency required by the county surveyor. The surveyor who made the
subdivision or partition plat shall certify that the photocopy or tracing is an
exact copy of the subdivision or partition plat. The subdivider
shall provide without cost the number of prints from the copy that are required
by the governing body of the county.
(4)
For the purpose of preserving the record of subdivision or town plats or
partition plats, the plats may be microfilmed or stored for safekeeping without
folding or cutting. All records must be created and stored in accordance with
all applicable rules and regulations and in a manner that ensures the permanent
preservation of the record. [Amended by 1955 c.756 §16;
1973 c.696 §18; 1977 c.488 §1;
1985 c.582 §10; 1987 c.649 §12;
1989 c.772 §17; 1991 c.763 §17;
1993 c.702 §7; 1995 c.382 §9;
1997 c.489 §6; 1999 c.710 §4;
2005 c.399 §13]
92.122 [1987 c.649 §13; 1989 c.772 §18; 1991 c.763 §30; repealed by 1995 c.382
§11]
92.130 Additional tracings transferred to
county surveyor; replacing lost or destroyed records.
Any additional tracings of subdivision or partition plats as mentioned in ORS
92.120 other than the one copy filed with the county surveyor shall be
transferred to the county surveyor who then shall keep them well bound and
safeguarded as required by law. If the original subdivision or partition plat
or copy thereof is lost, destroyed, mutilated or missing from the county records,
the county surveyor shall make a copy thereof, and file it in the proper office
of record. Each such copy made by the county surveyor pursuant to this section
shall bear a certificate of the surveyor that it was made in compliance with
this section, and that it is a true copy of the original record. [Amended by
1955 c.756 §17; 1989 c.772 §19]
92.140 Indexing of plats.
(1) All subdivision and partition plats shall be indexed in the recording
indices of the county. The declarations to such plats shall also be indexed in
the indices of Records of Deeds for the county. When the subdivision and
partition plats are so recorded and indexed, they shall be the legal record of
all subdivision and partition plats.
(2)
Counties with a consolidated index may index plats in the consolidated index.
The declarants shall be indexed as the direct parties
and the plat name shall be indexed as the indirect party.
(3)
The subdivision and partition plats shall be preserved as the permanent record
of the county. [Amended by 1955 c.756 §18; 1989 c.772 §20; 1995 c.79 §33; 1999 c.654 §§6,6a]
92.150 Construction of donations marked on
plat. Every donation or grant to the public,
including streets and alleys, or to any individual, religious society,
corporation or body politic, marked or noted as such on the subdivision or
partition plat wherein the donation or grant was made, shall be considered a
general warranty to the donee or grantee for the use
of the donee or grantee for the purposes intended by
the donor or grantor. [Amended by 1955 c.756 §19;
1989 c.772 §21]
92.160 Notice to Real Estate Commissioner
of receipt of subdivision plat. If the
comprehensive plan and land use regulations of a city or county have not been
acknowledged under ORS 197.251, the city engineer, city surveyor or county
surveyor shall immediately notify the Real Estate Commissioner in writing of
receipt for approval of any subdivision plat pursuant to ORS 92.100 (1). The
notification shall include a general description of the land with the number of
lots and total acreage covered by the subdivision plat and the names of the
persons submitting the subdivision plat for approval. [1965 c.584
§2; 1983 c.570 §6a; 1989 c.772 §22]
92.170 Amending recorded plat; affidavit
of correction; fees. (1) Any plat of a subdivision or
partition filed and recorded under the provisions of ORS 92.018 to 92.190 may
be amended by an affidavit of correction:
(a)
To show any courses or distances omitted from the subdivision or partition
plat;
(b)
To correct an error in any courses or distances shown on the subdivision or
partition plat;
(c)
To correct an error in the description of the real property shown on the
subdivision or partition plat; or
(d)
To correct any other errors or omissions where the error or omission is ascertainable
from the data shown on the final subdivision or partition plat as recorded.
(2)
Nothing in this section shall be construed to permit changes in courses or
distances for the purpose of redesigning lot or parcel configurations.
(3)
The affidavit of correction shall be prepared by the registered professional
land surveyor who filed the plat of the subdivision or partition. In the event
of the death, disability or retirement from practice of the surveyor who filed
the subdivision or partition plat, the county surveyor may prepare the
affidavit of correction. The affidavit shall set forth in detail the
corrections made and show the names of the present fee owners of the property
materially affected by the correction. The seal and signature of the registered
professional land surveyor making the correction shall be affixed to the
affidavit of correction.
(4)
The county surveyor shall certify that the affidavit of correction has been
examined and that the changes shown on the certificate are permitted under this
section.
(5)
The surveyor who prepared the affidavit of correction shall cause the affidavit
to be recorded in the office of the county recorder where the subdivision or
partition plat is recorded. The county clerk shall
return the recorded copy of the affidavit to the county surveyor. The county
surveyor shall note the correction and the recorder’s filing information, with
permanent ink, upon any true and exact copies filed in accordance with ORS
92.120 (3). The corrections and filing information shall be marked in such a
manner so as not to obliterate any portion of the subdivision or partition
plats.
(6)
For recording the affidavit in the county deed records, the county clerk shall
collect a fee as provided in ORS 205.320. The county clerk shall also collect a
fee set by the county governing body to be paid to the county surveyor for
services provided under this section. Corrections or changes shall not be
allowed on the original plat once it is recorded with the county clerk. [1983 c.309 §2; 1989 c.772 §23; 1993 c.702 §8; 1999 c.710 §6; 2001 c.173 §2]
92.175 Methods by which certain land may
be provided for public purposes. (1) Land for
property dedicated for public purposes may be provided to the city or county
having jurisdiction over the land by any of the following methods:
(a)
By dedication on the land subdivision plat;
(b)
By dedication on the partition plat, provided that the city or county indicates
acceptance of the dedication on the face of the plat; or
(c)
By a separate dedication or donation document on the form provided by the city
or county having jurisdiction over the area of land to be dedicated.
(2)
Notwithstanding subsection (1) of this section, utility easements in partition
and condominium plats may be granted for public, private and other regulated
utility purposes without an acceptance from the governing body having
jurisdiction. [1989 c.772 §3; 1997 c.489 §7; 2007 c.652 §4]
Note: 92.175
was added to and made a part of 92.010 to 92.192 by legislative action but was
not added to any smaller series therein. See Preface to Oregon Revised Statutes
for further explanation.
92.176 Validation of unit of land not
lawfully established. (1) A county or city may approve
an application to validate a unit of land that was created by a sale that did
not comply with the applicable criteria for creation of a unit of land if the
unit of land:
(a)
Is not a lawfully established unit of land; and
(b)
Could have complied with the applicable criteria for the creation of a lawfully
established unit of land in effect when the unit of land was sold.
(2)
Notwithstanding subsection (1)(b) of this section, a county or city may approve
an application to validate a unit of land under this section if the county or
city approved a permit, as defined in ORS 215.402 or 227.160, respectively, for
the construction or placement of a dwelling or other building on the unit of
land after the sale. If the permit was approved for a dwelling, the county or
city must determine that the dwelling qualifies for replacement under the
criteria set forth in ORS 215.755 (1)(a) to (e).
(3)
A county or city may approve an application for a permit, as defined in ORS
215.402 or 227.160, respectively, or a permit under the applicable state or
local building code for the continued use of a dwelling or other building on a
unit of land that was not lawfully established if:
(a)
The dwelling or other building was lawfully established prior to January 1,
2007; and
(b)
The permit does not change or intensify the use of the dwelling or other
building.
(4)
An application to validate a unit of land under this section is an application
for a permit, as defined in ORS 215.402 or 227.160. An application to a county
under this section is not subject to the minimum lot or parcel sizes established
by ORS 215.780.
(5)
A unit of land becomes a lawfully established parcel when the county or city
validates the unit of land under this section if the owner of the unit of land
causes a partition plat to be recorded within 90 days
after the date the county or city validates the unit of land.
(6)
A county or city may not approve an application to validate a unit of land
under this section if the unit of land was unlawfully created on or after
January 1, 2007.
(7)
Development or improvement of a parcel created under subsection (5) of this
section must comply with the applicable laws in effect when a complete
application for the development or improvement is submitted as described in ORS
215.427 (3)(a) or 227.178 (3)(a). [2007 c.866 §2]
Note: 92.176
was added to and made a part of 92.010 to 92.192 by legislative action but was
not added to any smaller series therein. See Preface to Oregon Revised Statutes
for further explanation.
92.177 Creation of parcel by less than all
owners of lawfully established unit of land. When a
unit of land was sold before January 1, 2007, but was not a lawfully
established unit of land, the governing body of the city or county or its
designee shall consider and may approve an application for the creation of a
parcel pursuant to ORS 92.176, notwithstanding that less than all of the owners
of the existing lawfully established unit of land have applied for the
approval. [1993 c.436 §2; 1995 c.595
§14; 2007 c.866 §6]
Note: 92.177
was added to and made a part of 92.010 to 92.192 by legislative action but was
not added to any smaller series therein. See Preface to Oregon Revised Statutes
for further explanation.
92.178 Creation of parcel previously
approved but not acted upon. (1) The
governing body of a county may approve an application requesting formation of
one parcel if the county issued a land use decision approving the parcel prior
to January 1, 1994, and:
(a)
A plat implementing the previous land use decision was not recorded; or
(b)
A condition of approval of the previously approved land use decision requiring
consolidation of adjacent lots or parcels was not complied with by a previous
owner of the land.
(2)
An application under this section is not subject to ORS 215.780.
(3)
Approval of an application under this section does not affect the legal status
of land that is not the subject of the application.
(4)
As used in this section:
(a)
“Lot” has the meaning given the term in ORS 92.010.
(b)
“Parcel” has the meaning given the term in ORS 92.010. [2005 c.240 §1]
Note: 92.178
was enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 92 or any series therein by legislative action. See Preface
to Oregon Revised Statutes for further explanation.
92.179 Liability for costs of relocating
utility facilities. Notwithstanding any other
provision of law, a person who subdivides or partitions real property shall be
liable for the reasonable and necessary costs of continuing utility service to
structures on the property being subdivided or partitioned if the subdividing
or partitioning causes utility lines to be moved or service to be interrupted,
unless the person subdividing or partitioning the real property grants an
easement to the utility service provider to accommodate continuing utility
service to the structures. [1997 c.523 §2]
Note: 92.179
was added to and made a part of 92.010 to 92.192 by legislative action but was
not added to any smaller series therein. See Preface to Oregon Revised Statutes
for further explanation.
REPLATTING
92.180 Authority to review replats. (1) Each
agency or body authorized to approve subdivision or partition plats under ORS
92.040 shall have the same review and approval authority over any proposed replat of a recorded plat.
(2)
Nothing in this section regarding replatting shall be
construed to allow subdividing or partitioning of land without complying with
all the applicable provisions of this chapter. [1985 c.369
§2; 1991 c.763 §18]
92.185 Reconfiguration of lots or parcels
and public easements; vacation; notice; utility easements.
The act of replatting shall allow the reconfiguration
of lots or parcels and public easements within a recorded plat. Except as
provided in subsection (5) of this section, upon approval by the reviewing agency
or body as defined in ORS 92.180, replats will act to
vacate the platted lots or parcels and easements within the replat
area with the following conditions:
(1)
A replat, as defined in ORS 92.010 shall apply only
to a recorded plat.
(2)
Notice shall be provided as described in ORS 92.225 (4) when the replat is replatting all of an
undeveloped subdivision as defined in ORS 92.225.
(3)
Notice, consistent with the governing body of a city or county approval of a
tentative plan of a subdivision plat, shall be provided by the governing body
to the owners of property adjacent to the exterior boundaries of the tentative
subdivision replat.
(4)
When a utility easement is proposed to be realigned, reduced in width or
omitted by a replat, all affected utility companies
or public agencies shall be notified, consistent with a governing body’s notice
to owners of property contiguous to the proposed plat. Any utility company that
desires to maintain an easement subject to vacation under this section must
notify the governing body in writing within 14 days of the mailing or other
service of the notice.
(5)
A replat shall not serve to vacate any public street
or road.
(6)
A replat shall comply with all subdivision provisions
of this chapter and all applicable ordinances and regulations adopted under
this chapter. [1985 c.369 §3; 1991 c.763 §19; 1993 c.702 §9]
92.190 Effect of replat;
operation of other statutes; use of alternate procedures.
(1) The replat of a portion of a recorded plat shall
not act to vacate any recorded covenants or restrictions.
(2)
Nothing in ORS 92.180 to 92.190 is intended to prevent the operation of
vacation actions by statutes in ORS chapter 271 or 368.
(3)
The governing body of a city or county may use procedures other than replatting procedures in ORS 92.180 and 92.185 to adjust
property lines as described in ORS 92.010 (12), as long as those procedures
include the recording, with the county clerk, of conveyances conforming to the
approved property line adjustment as surveyed in accordance with ORS 92.060
(7).
(4)
A property line adjustment deed shall contain the names of the parties, the
description of the adjusted line, references to original recorded documents and
signatures of all parties with proper acknowledgment. [1985 c.369
§4; 1989 c.772 §24; 1991 c.763
§20; 2007 c.866 §10]
92.192 Property line adjustment; zoning
ordinances; lot or parcel size. (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. [2008 c.12
§2]
UNDEVELOPED SUBDIVISIONS
92.205 Policy.
(1) The Legislative Assembly finds that many subdivisions for which plats have
been approved and recorded have not been developed and that many such
subdivisions were approved prior to the adoption of a comprehensive plan,
zoning regulations and ordinances and modern subdivision control standards by
the jurisdiction within which the lands described in the subdivision plats are
situated.
(2)
The Legislative Assembly finds, therefore, that it is necessary for the
protection of the public health, safety and welfare to provide for the review
of undeveloped subdivisions for the purpose of modifying such subdivisions, if
necessary, to comply with the current comprehensive plan, zoning ordinances and
regulations and modern subdivision control standards, or, if such modification
is not feasible, of vacating the nonconforming, undeveloped subdivisions and to
vacate any lands dedicated for public use that are described in the plat of
each such vacated subdivision. [1973 c.569 §1]
92.210 [1963 c.624 §3; 1965 c.584 §3; repealed
by 1973 c.421 §52]
92.215 Review authorized; manner.
(1) Each agency or body authorized to approve subdivision plats under ORS
92.040 may:
(a)
Review each subdivision approved on or after October 5, 1973, after the
expiration of 10 years after the date of such approval.
(b)
Review each subdivision plat approved more than 10 years prior to October 5,
1973.
(2)
Each review conducted pursuant to subsection (1) of this section shall be
conducted in the manner and subject to the conditions prescribed in ORS 92.225.
[1973 c.569 §2]
92.220 [1963 c.624 §§1,2,25; repealed by 1973 c.421
§52]
92.225 Review of undeveloped or developed
subdivision plat lands. (1) The agency or body required
to conduct the review under ORS 92.215 shall investigate the status of the
lands included within a subdivision to determine whether the subdivision is
undeveloped.
(2)
For the purposes of this section, the lands described in the plat of any
subdivision under review shall be considered to be developed if any of the
following conditions are found by the agency or body conducting the review to
exist on such lands:
(a)
Roadways providing access into and travel within the subdivision have been or
are being constructed to meet the specifications prescribed therefor
by the agency or body that approved the plat of the subdivision;
(b)
Facilities for the supply of domestic or industrial water to lots created by
the subdivision have been or are being constructed;
(c)
Sanitary sewerage disposal facilities have been or are being constructed for
lots created by the subdivision, or septic tanks have been or are being
installed on the land or permits have been issued for their installation on the
land;
(d)
Buildings have been or are being constructed upon the land or permits have been
issued for the construction of buildings upon the land; and
(e)
One or more lots described in the plat of the subdivision have been sold or
otherwise transferred prior to the date of the initiation of such review.
(3)
If the agency or body determines that a subdivision is undeveloped after its
investigation of the subdivision under subsection (1) of this section, it shall
also determine:
(a)
If the undeveloped subdivision complies with the comprehensive plan, zoning
regulations and ordinances and subdivision ordinances and regulations then in
effect with respect to lands in the subdivision; and
(b)
If the undeveloped subdivision does not comply with such plan and ordinances
and regulations, whether the subdivision may be revised to comply with such
plan and ordinances and regulations.
(4)
If the agency or body determines that a subdivision is undeveloped after its
investigation of the subdivision under subsection (1) of this section, it shall
hold a hearing to determine whether the undeveloped subdivision should be
revised and the subdivision replatted or vacated and
all lands within the subdivision that have been dedicated for public use
vacated. Not later than 30 days before the date of a hearing held by an agency
or body under this section, the agency or body shall notify, in writing, each
owner of record of land described in the plat of the subdivision under review
of the date, place, time and purpose of such hearing. [1973 c.569
§3]
92.230 [1963 c.624 §§4,19; 1969 c.508 §1;
repealed by 1973 c.421 §52]
92.234 Revision, vacation of undeveloped
subdivisions; vacation proceedings; effect of initiation by affected landowner.
(1) Following a hearing conducted as required under ORS 92.225 (4), the agency
or body conducting the hearing may:
(a)
Require the revision of a subdivision and a replat of
the subdivision as it considers necessary, if it finds that the subdivision may
be revised to comply with the comprehensive plan, zoning ordinances and
regulations and other modern subdivision control standards not in existence
when the subdivision was initially approved; or
(b)
Initiate proceedings, as provided in subsection (3) of this section, for
vacation of the subdivision, if it finds that the subdivision cannot be revised
in accordance with the comprehensive plan, zoning ordinances and regulations
and other modern subdivision control standards not in existence when the
subdivision was initially approved.
(2)
If an agency or body requires the revision and replat
of a subdivision under subsection (1)(a) of this section, it shall approve the
subdivision only upon the completion of the revisions as required by it and the
replat of the subdivision as provided in ORS 92.180
to 92.190.
(3)
If the agency or body determines that it is necessary to vacate a subdivision,
the agency or body shall adopt an ordinance vacating the subdivision and
providing for the vacation of lands within the subdivision that have been
dedicated for public use. Title to lands within a vacated subdivision shall
vest as provided in ORS 271.140 and 368.366. Any owner of lands described in
the plat of the vacated subdivision who is aggrieved by the action of the
agency or body in vacating the subdivision may appeal such action in the manner
provided in ORS 34.010 to 34.100. The ordinance adopted by the agency or body
for the vacation of the subdivision and the lands therein dedicated to public
use shall be filed with the county recording officer as provided in ORS
271.150.
(4)
Nothing in ORS 92.205 to 92.245 shall prevent the owner of any lands within an
undeveloped subdivision from seeking vacation of such subdivision under city or
county vacation procedures and, if such vacation proceedings are commenced
after the date of the notice of review of the subdivision by the agency or
body, the review proceeding shall be suspended during such vacation
proceedings. If the subdivision is vacated at the initiation of an owner, the
review proceedings under ORS 92.205 to 92.245 shall be discontinued; but, if
the subdivision is not vacated at the request of an owner, the review
proceedings under ORS 92.205 to 92.245 shall be resumed at the termination of
the proceedings brought by an owner of lands in the subdivision. [1973 c.569 §4; 1981 c.153 §54; 1985 c.369 §7]
92.235 [1969 c.508 §3; repealed by 1973 c.421 §52]
92.240 [1963 c.624 §5; 1969 c.663 §5; 1971 c.106 §1; repealed by 1973 c.421 §52]
92.245 Fees for review proceedings
resulting in modification or vacation. The governing
body of a city or county may, by ordinance or regulation adopted in accordance
with ORS 92.048, prescribe fees sufficient to defray the costs incurred in the
review and investigation of and action upon undeveloped subdivisions for which the
plat is modified or vacated under ORS 92.205 to
92.245. [1973 c.569 §5]
92.250 [1963 c.624 §6; 1969 c.663 §4; 1971 c.106 §2; repealed by 1973 c.421 §52]
92.255 [1965 c.584 §5; repealed by 1973 c.421 §52]
92.260 [1963 c.624 §§7,17; 1965 c.584 §6; repealed
by 1973 c.421 §52]
92.270 [1963 c.624 §8; 1965 c.584 §7; repealed
by 1973 c.421 §52]
92.275 [1973 c.351 §3; repealed by 1977 c.236 §1]
92.280 [1963 c.624 §9; 1965 c.584 §8; repealed
by 1973 c.421 §52]
MISCELLANEOUS PROVISIONS
92.285 Retroactive ordinances prohibited.
No retroactive ordinances shall be adopted under ORS 92.010 to 92.048, 92.060
to 92.095, 92.120, 93.640, 93.710 and 215.110. [1973 c.696
§21]
92.290 [1963 c.624 §§10,11; 1965 c.584 §9;
repealed by 1973 c.421 §52]
92.300 [1963 c.624 §12; 1969 c.663 §6;
repealed by 1973 c.421 §52]
OREGON SUBDIVISION AND SERIES PARTITION
CONTROL LAW
(Generally)
92.305 Definitions for ORS 92.305 to
92.495. As used in ORS 92.305 to 92.495:
(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 (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.
(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 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.
(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 to 92.495 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 and do not include series partitioned lands. “Subdivided lands”
and “subdivision” do not mean property submitted to ORS 100.005 to 100.910 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]
92.310 [1963 c.624 §13; repealed by 1973 c.421
§52]
92.313 Policy; construction; citation.
(1) The Legislative Assembly finds that the development of new subdivisions and
series partitions and the promotion of sales and leases of such property are
now largely uncontrolled and unregulated in this state and that a need exists
to protect the public from fraud, deceit and misrepresentation.
(2)
The provisions of ORS 92.305 to 92.495 are in addition to, and not in lieu of,
the existing provisions of ORS 92.010 to 92.192.
(3)
ORS 92.305 to 92.495 may be cited as the Oregon Subdivision and Series
Partition Control Law. [1974 c.1 §2; 1975 c.643 §1a; 1983 c.570 §9]
92.315 [1969 c.508 §4; repealed by 1973 c.421 §52]
92.317 Policy; protection of consumers.
The Legislative Assembly finds that the repeal of ORS 92.500 to 92.810 and
92.990 (2) and (3) (1973 Replacement Part), by section 23, chapter 1, Oregon
Laws 1974 (special session), may cause irreparable damage to the interests of
consumers involved in real estate transactions. It is therefore declared to be
the policy of the State of Oregon that the Attorney General protect the rights
of such real estate purchasers to the greatest extent practicable through the
application of the provisions of ORS 646.605 to 646.652. [1974 c.1 §29; 2005 c.22 §72]
92.320 [1963 c.624 §14; repealed by 1973 c.421
§52]
92.325 Application of ORS 92.305 to
92.495. (1) 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 to 92.495.
(2)
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.
(3)
Except as otherwise provided in paragraph (g) of this subsection, ORS 92.305 to
92.495 do not apply to the sale or leasing of:
(a)
Apartments or similar space within an apartment building;
(b)
Cemetery lots, parcels or units in Oregon;
(c)
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;
(d)
Property submitted to the provisions of ORS chapter 100;
(e)
Subdivided lands and series partitioned lands in Oregon expressly zoned for and
limited in use to nonresidential industrial or nonresidential commercial
purposes;
(f)
Lands in this state sold by lots or parcels of not less than 160 acres each;
(g)
Timeshares regulated or otherwise exempt under ORS 94.803 and 94.807 to 94.945;
(h)
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 or an ordinance adopted under ORS 92.046, has a
comprehensive plan and implementing ordinances that have been acknowledged
under ORS 197.251. The subdivider or series partitioner of such lands shall comply with ORS 92.425,
92.427, 92.430, 92.433, 92.460 and 92.485 in the sale or leasing of such lands;
or
(i) Mobile home or manufactured dwelling parks, as defined
in ORS 446.003, 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. Specific ORS references have not been substituted, pursuant to
173.160. These sections may be determined by referring to the 1975 Comparative
Section Table located in Volume 20 of ORS.
92.330 [1963 c.624 §15; repealed by 1973 c.421
§52]
92.335 [1974 c.1 §3; 1975 c.643 §2; repealed
by 1977 c.484 §32]
92.337 Exemption procedures; withdrawal of
exemption; filing fee. (1) The Real Estate Commissioner
shall grant an exemption pursuant to this section if a subdivider
or series partitioner submits on a form prepared by
the commissioner, verification that:
(a)
The subdivision or series partition is recorded pursuant to ORS 92.010 to
92.192;
(b)
Each lot or parcel is situated on a surfaced roadway which, together with means
for operation and maintenance, meets the standards of the governing body of the
local jurisdiction and is either a concrete or asphalt surface road which has
right of way and improvements, including curbs and necessary and adequate
drainage structures, or a road which meets alternative standards of the governing
body of the local jurisdiction;
(c)
The subdivision or series partition, where necessary, has drainage structures
and fill designed to prevent flooding and approved by the appropriate governing
body;
(d)
Energy sources and telephone services for normal domestic use are economically
available to the subdivision or series partition and are ready for hookup for
each lot or parcel at time of sale or lease;
(e)
Water is available for each lot or parcel at the time of sale or lease of each
lot or parcel in quantity and quality for domestic use as determined by the
Oregon Health Authority;
(f)
A municipally owned disposal system, an individual or collective subsurface
sewage disposal system to serve the lot or parcel, or a privately owned sewage
disposal system is available for each lot or parcel at the time of sale or
lease of each lot or parcel which meets the requirements of the Environmental
Quality Commission;
(g)
A surety bond, or bonds, or other security or agreements to complete the
improvements is provided by the subdivider or series partitioner to the city or county having jurisdiction so
that all of the subdivision or series partition improvements committed by the subdivider or series partitioner
to the city or county will be completed; and
(h)
Provisions, satisfactory to the commissioner, have been made for satisfaction
of all liens and encumbrances existing against the subdivision or series
partition which secure or evidence the payment of money.
(2)
A subdivision or series partition granted exemption under this section shall be
exempt from the provisions of ORS 92.305 to 92.495 and 92.820 except ORS
92.375, 92.385, 92.425, 92.427, 92.430, 92.433, 92.455, 92.460, 92.465, 92.475,
92.485, 92.490 and 92.495.
(3)
The commissioner may withdraw the exemption provided by this section if the
commissioner determines that the subdivider or series
partitioner has provided false information or omitted
to state material facts to obtain the exemption or has failed to comply with
any provision to which the subdivider or series partitioner is subject under subsections (1) and (2) of
this section.
(4)
In the event that any provision under subsection (1) of this section is not or
cannot be satisfied and without invoking the power granted under subsection (3)
of this section, the commissioner and the subdivider
or series partitioner may mutually agree in writing
upon a written disclosure of the condition that shall be provided to any
prospective purchaser prior to the sale or lease of any interest in the
subdivision or series partition to carry out the public policy stated in ORS
92.313.
(5)
The form required by subsection (1) of this section shall be accompanied by a
filing fee of $100 plus $10 for each lot, parcel or interest in the subdivision
or series partition, with a maximum fee of $500.
(6)
For purposes of verification by the subdivider or
series partitioner under subsection (1)(b), (c) and
(g) of this section, a copy of the conditions imposed by the appropriate
governing body will be sufficient. [1975 c.643 §20;
1977 c.809 §1; 1979 c.242 §2;
1983 c.570 §10; 2009 c.595 §60]
92.339 Use of fees.
The moneys received under ORS 92.305 to 92.495 and this section shall be paid
into the State Treasury and placed to the credit of the General Fund in the
Real Estate Account established under ORS 696.490. [Formerly 92.820]
92.340 [1963 c.624 §16; repealed by 1973 c.421
§52]
(Filing Requirements)
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,
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 a partition as that term is defined by ORS 92.010, 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. [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]
92.350 [1963 c.624 §18; repealed by 1973 c.421
§52]
92.355 Commissioner may request further
information; content. (1) The Real Estate Commissioner
may require the subdivider or series partitioner to furnish such additional information in a “Request
for Further Information” as the commissioner determines to be necessary in the
administration and enforcement of ORS 92.305 to 92.495 including but not
limited to:
(a)
A statement of the terms and conditions on which it is intended to transfer or
dispose of the land or interest therein, together with copies of any contract,
conveyance, lease, assignment or other instrument intended to be used;
(b)
Copies of all sales pamphlets and literature to be used in connection with the
proposed subdivision or series partition; and
(c)
Any other information that the subdivider or series partitioner may desire to present.
(2)
The subdivider’s or series partitioner’s
reply to the first request for further information required by the commissioner
under subsection (1) of this section shall be accompanied by proof of the
financial ability of the subdivider or series partitioner to complete improvements and facilities which
are:
(a)
Required by the appropriate state, city and county authorities; and
(b)
Promised to prospective purchasers. [1974 c.1 §5;
1983 c.570 §12]
92.360 [1963 c.624 §21; repealed by 1973 c.421
§52]
92.365 Filing information to be kept
current; fee for notice of material change. (1)
The information required under ORS 92.345 and 92.355 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, 92.355 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]
92.370 [1963 c.624 §22; 1965 c.584 §10;
repealed by 1973 c.421 §52]
92.375 Consent to service of process on
commissioner. (1) Every nonresident subdivider or series partitioner,
at the time of filing the notice of intention and information required by ORS
92.345 and 92.355, and every nonresident developer who acquires more than 10
lots or parcels in a subdivision or series partition during a six consecutive
month period, at the time the developer acquires the lots, parcels or interests
in a subdivision or series partition, shall also file with the Real Estate
Commissioner an irrevocable consent that if, in any suit or action commenced
against the developer, subdivider or series partitioner in this state arising out of a violation of ORS
92.305 to 92.495, personal service of summons or process upon the developer, subdivider or series partitioner
cannot be made in this state after the exercise of due diligence, a valid
service may thereupon be made upon the developer, subdivider
or series partitioner by service on the commissioner.
(2)
The consent shall be in writing executed and verified by an officer of a
corporation or association, a general partner of a partnership or by an
individual subdivider, series partitioner
or developer and shall set forth:
(a)
The name of the subdivider, series partitioner or developer.
(b)
The address to which documents served upon the commissioner are to be
forwarded.
(c)
If the subdivider, series partitioner
or developer is a corporation or unincorporated association, that the consent
signed by such officer was authorized by resolution duly adopted by the board
of directors.
(3)
The address for forwarding documents served under this section may be changed
by filing a new consent in the form prescribed in subsection (2) of this
section.
(4)
Service on the commissioner of any such process shall be made by delivery to
the commissioner or a clerk on duty in any office of the commissioner,
duplicate copies of such process, with duplicate copies of any papers required
by law to be delivered in connection with such service.
(5)
When served with any such process, the commissioner shall immediately cause one
of the copies thereof, with any accompanying papers, to be forwarded by
registered mail or by certified mail with return receipt to the subdivider, series partitioner or
developer at the address set forth in the consent.
(6)
The commissioner shall keep a record of all processes, notices and demands
served upon the commissioner under this section, and shall record therein the
time of such service and action with reference thereto. [1974 c.1 §6; 1975 c.643 §5; 1983 c.570 §14; 1991 c.249 §9]
92.380 [1963 c.624 §23; 1965 c.584 §11;
repealed by 1973 c.421 §52]
(Examination of Subdivision and Series
Partition; Public Report)
92.385 Examination; public report; waiver
of examination in other state. (1) The Real
Estate Commissioner may make an examination of any subdivision or series
partition subject to ORS 92.305 to 92.495 to be offered for sale or lease and
may make a public report of the commissioner’s findings. If a subdivision or
series partition is located within this state and if no report is made within
45 days after examination of the subdivision or series partition, the report
shall be deemed waived.
(2)
The commissioner may waive an examination of a real estate subdivision located
in another state only when that state has an existing subdivision law which
provides for the examination of and a public report on the real estate
subdivision and only where that state will waive examination of a real estate
subdivision or series partition located within this state and will accept in
lieu thereof a report prepared by the commissioner under subsection (1) of this
section. [1974 c.1 §8; 1975 c.643
§6; 1983 c.570 §15]
92.390 [1963 c.624 §24; repealed by 1973 c.421
§52]
92.395 Waiver of examination in this
state; notice to subdivider or series partitioner. With respect
to any subdivision or series partition within this state, if, after examination
of the preliminary notice of intention required by ORS 92.345 or the reply to
the Real Estate Commissioner’s request for further information, the
commissioner concludes that the sale or lease of any portion of such
subdivision or series partition would be reasonably certain not to involve any
misrepresentation, deceit or fraud, the commissioner shall waive all of the
provisions of ORS 92.305 to 92.495, except ORS 92.475 to 92.495 and 92.990 (2),
which the commissioner considers unnecessary for the protection of the public
from fraud, deceit or misrepresentation. The commissioner shall notify the subdivider or series partitioner
within 15 days of receipt of the preliminary notice of intention of the
approval or disapproval of any waiver. However, the commissioner may, for good
and sufficient cause, revoke any waiver at any time upon 10 days’ notice and a
hearing held for such purpose. [1974 c.1 §9; 1983 c.570 §16]
92.405 Sale prohibited where public report
not waived; distribution and use of public report.
(1) Unless the making of a public report has been waived, a person may not sell
or lease a lot, parcel or interest in a subdivision or series partition prior
to the issuance of the report.
(2)
A copy of the public report, when issued, must be given to the prospective
purchaser by the subdivider, series partitioner or developer, or an agent of the subdivider, series partitioner or
developer, prior to the execution of a binding contract or agreement for the
sale or lease of a lot, parcel or interest in a subdivision or series
partition. The subdivider, series partitioner
or developer, or an agent of the subdivider, series partitioner or developer, shall take a receipt from the
prospective purchaser or lessee upon delivery of a copy of the Real Estate
Commissioner’s public report. The receipt must be kept on file within this state
in the possession of the subdivider, series partitioner or developer subject to inspection by the
commissioner for a period of three years from the date the receipt is taken.
(3)
The commissioner’s public report may not be used for advertising purposes unless
the report is used in its entirety. No portion of the report shall be
underscored, italicized or printed in larger or heavier type than the balance
of the report unless the true copy of the report so emphasizes such portion.
(4)
The commissioner may furnish at cost copies of the public report for the use of
subdividers, series partitioners
and developers.
(5)
The requirements of this section extend to lots, parcels or other interests
sold by the subdivider, series partitioner
or developer after repossession.
(6)
In addition to other sanctions provided by law, a violation of subsection (1),
(2) or (3) of this section is an unlawful practice subject to ORS 646.608. [1974
c.1 §10; 1975 c.643 §7;
1977 c.809 §9; 1983 c.570 §17;
2005 c.799 §1; 2007 c.71 §25]
92.410 Review of subdivisions for which
public report issued; revised public report; compliance with ORS 92.305 to
92.495. (1) Notwithstanding the effective date
of chapter 643, Oregon Laws 1975, prior to February 1, 1976, the Real Estate
Commissioner may review any subdivision for which a public report has been
issued and is dated prior to September 13, 1975, and when the commissioner
considers it necessary for the protection of the public from fraud, deceit or
misrepresentation, the commissioner may, after notice to the subdivider, issue a revised public report for the subdivider and subsequent developers of interests in the
subdivision to comply with the provisions of ORS 92.305 to 92.495 as though the
public report had been issued and dated after September 13, 1975.
(2)
Any subdivision for which a public report has been issued and is dated prior to
September 13, 1975, and for which the commissioner has not issued a revised
public report under subsection (1) of this section prior to February 1, 1976,
shall not be required to comply with the amendments to ORS 92.305 to 92.495 and
made by chapter 643, Oregon Laws 1975. [1975 c.643 §22]
Note:
Legislative Counsel has substituted “chapter 643, Oregon Laws 1975,” for the
words “this 1975 Act” in section 22, chapter 643, Oregon Laws 1975, compiled as
92.410. Specific ORS references have not been substituted pursuant to 173.160.
These sections may be determined by referring to the 1975 Comparative Section
Table located in Volume 20 of ORS.
92.415 Advance of travel expense for
examination of subdivision or series partition.
When an examination is to be made of subdivided or series partitioned lands
situated in the State of Oregon, or of subdivided lands situated outside the
state which will be offered for sale or lease within this state, the Real
Estate Commissioner, in addition to the filing fee provided in ORS 92.355, may
require the subdivider or series partitioner
to advance payment of an amount estimated by the commissioner to be the expense
incurred in going to and returning from the location of the project, and an
amount estimated to be necessary to cover the additional expense of such
examination, 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. The amounts estimated by
the commissioner, under this section shall be based upon any applicable limits
established and regulated by the Oregon Department of Administrative Services
under ORS 292.220. [1974 c.1 §11; 1975 c.643 §8; 1979 c.242 §6; 1983 c.181 §2; 1983 c.570 §18; 1991 c.703 §2]
(Requirements for Sale)
92.425 Conditions prerequisite to sale.
(1) No lot, parcel or interest in a subdivision or series partition shall be
sold by a subdivider, series partitioner
or developer by means of a land sale contract unless a collection escrow is
established within this state with a person or firm authorized to receive
escrows under the laws of this state and all of the following are deposited in
the escrow:
(a)
A copy of the title report or abstract, as it relates to the property being
sold.
(b)
The original sales document or an executed copy thereof relating to the
purchase of real property in the subdivision or series partition clearly
setting forth the legal description of the property being purchased, the
principal amount of the encumbrance outstanding at the date of the sales
document and the terms of the document.
(c)
A commitment to give a partial release for the lot, parcel or other interest
being sold from the terms and provisions of any blanket encumbrance as
described in ORS 92.305 (1). Except as otherwise provided in subsection (4) of
this section, the commitment shall be in a form satisfactory to the Real Estate
Commissioner.
(d)
A commitment to give a release of any other lien or encumbrance existing
against such lot, parcel or other interest being sold as revealed by such title
report. Except as otherwise provided in subsection (4) of this section, the
commitment shall be in a form satisfactory to the commissioner.
(e)
A warranty or bargain and sale deed in good and sufficient form conveying
merchantable and marketable title to the purchaser of such lot, parcel or other
interest.
(2)
The subdivider, series partitioner
or developer shall submit written authorization allowing the commissioner to
inspect all escrow deposits established pursuant to subsection (1) of this
section.
(3)
In lieu of the procedures provided in subsection (1) of this section, the subdivider, series partitioner or
developer shall conform to such alternative requirement or method which the
commissioner may deem acceptable to carry into effect the intent and provisions
of this section.
(4)
The requirements of subsection (1)(c) and (d) of this section relating to use
of a commitment form acceptable to the commissioner
and the provisions of subsection (2) of this section shall not apply to
subdivided or series partitioned lands described by ORS 92.325 (3)(h). [1974 c.1 §12; 1975 c.643 §9; 1977 c.809 §10; 1979 c.242 §7; 1983 c.530 §54; 1983 c.570 §19]
92.427 Cancellation of agreement to buy
interest in subdivision or series partition; procedure; effect; waiver; exemptions.
(1) A purchaser of a lot, parcel or interest in a subdivision or series
partition may cancel, for any reason, any contract, agreement or any evidence
of indebtedness associated with the sale of the lot, parcel or interest in the
subdivision or series partition within three business days from the date of
signing by the purchaser of the first written offer or contract to purchase.
(2)
Cancellation, under subsection (1) of this section, occurs when the purchaser
of a lot, parcel or interest gives written notice to the seller at the seller’s
address. The three business days cancellation period in subsection (1) of this
section does not begin until the seller provides the purchaser with seller’s
address for cancellation purposes.
(3)
A notice of cancellation given by a purchaser of a lot, parcel or interest in a
subdivision or series partition need not take a particular form and is
sufficient if it indicates by any form of written expression the intention of
the purchaser not to be bound by the contract or evidence of indebtedness.
(4)
Notice of cancellation, if given by mail, shall be given by certified mail,
return receipt requested, and is effective on the date that such notice is
deposited with the United States Postal Service, properly addressed and postage
prepaid.
(5)
Upon receipt of a timely notice of cancellation, the seller shall immediately
return to the purchaser all payments received from the purchaser. In case of
payments made by check, the seller is not required to return the payment to a
purchaser until the check is finally paid as provided in ORS 74.2130. Upon
return of all such payments the purchaser shall immediately transfer the
purchaser’s rights in the lot, parcel or interest to the seller, not subject to
any encumbrance created or suffered by the purchaser. In the case of
cancellation by a purchaser of any evidence of indebtedness, the purchaser
shall return the purchaser’s copy of the executed evidence of indebtedness to
the seller, and the seller shall cancel the evidence of indebtedness. Any
encumbrances against the purchaser’s interest in the lot, parcel or interest
arising by operation of law from an obligation of the purchaser existing prior
to transfer of the lot, parcel or interest to the purchaser shall be
extinguished by the reconveyance.
(6)
An act of a purchaser is not effective to waive the right of cancellation
granted by subsection (1) of this section. A subdivider,
series partitioner or developer may require that a
purchaser of a lot, parcel or interest in a subdivision or series partition
execute and deliver to the subdivider, series partitioner or developer, after the expiration of the
three-day cancellation period, a signed statement disclaiming any notice of
cancellation that may have been made by the purchaser prior to expiration of
the three-day cancellation period for the offer under subsection (1) of this
section, that may have been timely and properly done under this section and
that has not been received by the subdivider, series partitioner or developer. In case of execution of any such
statement by the purchaser, the statement shall be sufficient to rescind the
notice of cancellation.
(7)
This section does not apply to:
(a)
The sale of a lot in a subdivision or a parcel in a series partition that has a
residential dwelling upon it at the time of sale;
(b)
The sale of a lot in a subdivision or a parcel in a series partition when, at
the time of sale, the seller has contracted with the purchaser to build a
residential dwelling upon the lot or parcel; or
(c)
The sale of a lot in a subdivision or a parcel in a series partition to a
person who derives a substantial portion of income from the development or
purchase and sale of real property.
(8)
Notwithstanding subsection (7) of this section, this section applies to a
planned community subdivision of manufactured dwellings created under ORS
92.830 to 92.845. [1975 c.643 §16; 1983 c.570 §20; 2001 c.711 §6; 2003 c.474 §4]
92.430 Notice to purchaser of cancellation
rights; form. (1) Subject to ORS 92.427 (7), the first
written real property sales contract signed by the purchaser for the sale of a
lot, parcel or interest in a subdivision or series partition shall contain,
either upon the first page of such contract or upon a separate sheet attached
to such first page, the following notice in at least 8-point type:
______________________________________________________________________________
NOTICE TO
PURCHASER
BY
SIGNING THIS AGREEMENT YOU ARE INCURRING A CONTRACTUAL OBLIGATION TO PURCHASE
AN INTEREST IN LAND. HOWEVER, YOU HAVE THREE BUSINESS DAYS AFTER SIGNING THIS
AGREEMENT TO CANCEL THE AGREEMENT BY WRITTEN NOTICE TO THE SELLER OR THE SELLER’S
AGENT AT THE FOLLOWING ADDRESS:
____________
____________
____________
____________
____________
BEFORE
EXECUTING THIS AGREEMENT, OR BEFORE THE THREE-DAY CANCELLATION PERIOD ENDS, YOU
SHOULD DO THE FOLLOWING:
(1)
CAREFULLY EXAMINE THE PUBLIC REPORT, IF ANY, ON THE SUBDIVISION OR SERIES
PARTITION AND ANY ACCOMPANYING INFORMATION DELIVERED BY THE SELLER.
(2)
INQUIRE OF YOUR LENDER AS TO WHETHER YOU CAN GET ADEQUATE FINANCING AT AN
ACCEPTABLE INTEREST RATE.
(3)
INQUIRE OF THE SELLER AND THE LENDER WHAT THE AMOUNT OF THE CLOSING COSTS WILL
BE.
______________________________________________________________________________
(2)
A copy of the notice set forth in subsection (1) of this section shall be given
to each purchaser under a contract described in subsection (1) of this section
at the time of or immediately following the purchaser’s signing of such
contract, for the use of the purchaser. [1975 c.643 §17;
1983 c.570 §21]
92.433 Escrow documents required of
successor to vendor’s interest. (1) A
purchaser of a vendor’s interest or a holder of an encumbrance secured by a
vendor’s interest in a land sale contract for which an escrow has been
established pursuant to ORS 92.425 shall deposit in the escrow any instruments
necessary to assure that the contract vendee can obtain the legal title
bargained for upon compliance with the terms and conditions of the contract.
(2)
A subdivider, series partitioner
or developer who has sold lots, parcels or interests in a subdivision or series
partition under a land sale contract shall not dispose of or subsequently
encumber the vendor’s interest therein unless the terms of the instrument of
disposition or the encumbrance provide the means by which the purchaser or
holder of the encumbrance will comply with subsection (1) of this section. [1977
c.809 §13; 1983 c.570 §22]
92.435 [1974 c.1 §13; repealed by 1977 c.484 §32]
92.445 [1974 c.1 §16; repealed by 1975 c.643 §18]
92.455 Inspection of records.
Records of the sale or lease of real property within a subdivision or series
partition shall be subject to inspection by the Real Estate Commissioner. [1974
c.1 §14; 1975 c.643 §10;
1983 c.570 §23]
(Prohibited Acts)
92.460 Blanket encumbrance permitted only
in certain circumstances. (1) Subject to the provisions of
ORS 92.425, no lot, parcel or other interest in a subdivision or series
partition shall be sold by a subdivider, series partitioner or developer subject to a blanket encumbrance
unless there exists in the blanket encumbrance or other supplementary agreement
a provision which by its terms shall unconditionally provide that the purchaser
or lessee of a lot, parcel or other interest can obtain legal title or other
interest bargained for, free and clear of the blanket encumbrance, upon
compliance with the terms and conditions of the purchase or lease.
(2)
In lieu of the requirement of subsection (1) of this section, the subdivider, series partitioner or
developer shall conform to any alternative requirement or method which the Real
Estate Commissioner deems acceptable to carry into effect the intent and
provisions of this section. [1977 c.809 §12; 1983 c.570 §24]
92.465 Fraud and deceit prohibited.
No person shall, in connection with the offer, sale or lease of any lot, parcel
or interest in a real estate subdivision or series partition, directly or
indirectly:
(1)
Employ any device, scheme or artifice to defraud;
(2)
Make any untrue statement of a material fact or fail to state a material fact
necessary to make the statement made, in the light of the circumstances under
which it is made, not misleading;
(3)
Engage in any act, practice or course of business which operates or would
operate as a fraud or deception upon any person;
(4)
Issue, circulate or publish any prospectus, circular, advertisement, printed
matter, document, pamphlet, leaflet or other literature which contains an
untrue statement of a material fact or fails to state a material fact necessary
in order to make the statements therein made, in the light of the circumstances
under which they are made, not misleading;
(5)
Issue, circulate or publish any advertising matter or make any written
representation, unless the name of the person issuing, circulating or
publishing the matter or making the representation is clearly indicated; or
(6)
Make any statement or representation, or issue, circulate or publish any
advertising matter containing any statement to the effect that the real estate
subdivision or series partition has been in any way approved or indorsed by the
Real Estate Commissioner. [1974 c.1 §15; 1975 c.643 §11; 1983 c.570 §25]
92.475 False or misleading advertising
prohibited; liability. It shall be unlawful for any
owner, subdivider, developer, series partitioner, agent or employee of such persons or other
person, who with intent, directly or indirectly, to sell or lease subdivided or
series partitioned lands or lots, parcels or interests therein, to authorize,
use, direct or aid in the publication, distribution or circularization of any
advertisement, radio broadcast or telecast concerning subdivided or series
partitioned lands, which contains any statement, pictorial representation or
sketch which is false or misleading. Nothing in this section shall be construed
to hold the publisher or employee of any newspaper, any job printer,
broadcaster or telecaster liable for any publication referred to in ORS 92.305
to 92.495 unless the publisher, employee, printer, broadcaster or telecaster
has actual knowledge of the falsity thereof or has an interest in the
subdivided or series partitioned lands advertised or the sale thereof. [1974 c.1 §17; 1975 c.643 §12; 1983 c.570 §26]
92.485 Waiver of legal rights void.
Any condition, stipulation or provision in any sales contract or lease, or in
any other legal document, binding any purchaser or lessee to waive any legal
rights under ORS 92.305 to 92.495 against the subdivider,
series partitioner or developer shall be deemed to be
contrary to public policy and void. [1974 c.1 §18;
1975 c.643 §13; 1983 c.570 §27]
(Enforcement)
92.490 Civil penalty.
(1) In addition to any other penalties provided by law, the Real Estate
Commissioner may impose a civil penalty for violation of the provisions of ORS
92.305 to 92.495. No civil penalty shall exceed $1,000 per violation.
(2)
Civil penalties under this section shall be imposed as provided in ORS 183.745.
[1975 c.643 §23; 1979 c.242
§8; 1983 c.696 §7a; 1989 c.706 §6; 1991 c.734 §4]
92.495 Cease and desist order; injunction.
(1) Whenever the Real Estate Commissioner finds that any owner, subdivider, series partitioner,
developer or other person is violating any of the provisions of ORS 92.305 to
92.495 or of the alternative requirements of the commissioner prescribed
pursuant to ORS 92.425 (3), the commissioner may order the persons to desist
and refrain from violating the provisions or requirements, or from the further
sale or lease of lots, parcels or interests within the subdivision or series
partition.
(2)
Whenever the commissioner finds that any subdivider,
series partitioner, developer or other person is
violating, or has violated or is about to violate, any of the provisions of ORS
92.305 to 92.495 or the alternative requirements of the commissioner prescribed
pursuant to ORS 92.425 (3) the commissioner may bring proceedings in the
circuit court within the county in which the violation or threatened violation
has occurred or is about to occur, or in the county where the person, firm or
corporation resides or carries on business, in the name of and on behalf of the
people of the State of Oregon against the person, firm or corporation, and any
other person or persons concerned in or in any way participating or about to
participate in the violation, to enjoin the person, firm or corporation or any
other person from continuing the violation or engaging in the violation or
doing any act or acts in furtherance of the violation, and to apply for the
appointment of a receiver or conservator of the assets of the defendant where
an appointment is appropriate. [1974 c.1 §§19,20;
1975 c.643 §14; 1983 c.570 §28]
92.500 [1973 c.421 §1; repealed by 1974 c.1 §23]
92.505 [1973 c.421 §2; repealed by 1974 c.1 §23]
92.510 [1973 c.421 §3; repealed by 1974 c.1 §23]
92.515 [1973 c.421 §6; repealed by 1974 c.1 §23]
92.530 [1973 c.421 §4; repealed by 1974 c.1 §23]
92.535 [1973 c.421 §8(1); repealed by 1974 c.1
§23]
92.545 [1973 c.421 §16; repealed by 1974 c.1 §23]
92.550 [1973 c.421 §8(2); repealed by 1974 c.1
§23]
92.555 [1973 c.421 §17; repealed by 1974 c.1 §23]
92.560 [1973 c.421 §8(3); repealed by 1974 c.1
§23]
92.565 [1973 c.421 §8(4),(5); repealed by 1974 c.1
§23]
92.570 [1973 c.421 §8(6); repealed by 1974 c.1
§23]
92.575 [1973 c.421 §28(1); repealed by 1974 c.1
§23]
92.580 [1973 c.421 §18; repealed by 1974 c.1 §23]
92.585 [1973 c.421 §19; repealed by 1974 c.1 §23]
92.590 [1973 c.421 §20; repealed by 1974 c.1 §23]
92.595 [1973 c.421 §27; repealed by 1974 c.1 §23]
92.600 [1973 c.421 §§21,22; repealed by 1974 c.1
§23]
92.605 [1973 c.421 §23; repealed by 1974 c.1 §23]
92.610 [1973 c.421 §24; repealed by 1974 c.1 §23]
92.615 [1973 c.421 §25; repealed by 1974 c.1 §23]
92.620 [1973 c.421 §26; repealed by 1974 c.1 §23]
92.625 [1973 c.421 §30; repealed by 1974 c.1 §23]
92.650
[Subsection (1) enacted as 1973 c.421 §9; subsection
(2) enacted as 1973 c.421 §12(8); repealed by 1974 c.1 §23]
92.655 [1973 c.421 §12(1),(2),(3),(4),(7),(10); repealed by 1974 c.1 §23]
92.660 [1973 c.421 §12(5),(6),(9); repealed by 1974 c.1
§23]
92.665 [1973 c.421 §13; repealed by 1974 c.1 §23]
92.670 [1973 c.421 §14; repealed by 1974 c.1 §23]
92.675 [1973 c.421 §45; repealed by 1974 c.1 §23]
92.685 [1973 c.421 §34; repealed by 1974 c.1 §23]
92.690 [1973 c.421 §35; repealed by 1974 c.1 §23]
92.695 [1973 c.421 §36; repealed by 1974 c.1 §23]
92.700 [1973 c.421 §37; repealed by 1974 c.1 §23]
92.710 [1973 c.421 §38; repealed by 1974 c.1 §23]
92.715 [1973 c.421 §41; repealed by 1974 c.1 §23]
92.720 [1973 c.421 §39; repealed by 1974 c.1 §23]
92.725 [1973 c.421 §40; repealed by 1974 c.1 §23]
92.745 [1973 c.421 §§5,43; repealed by 1974 c.1
§23]
92.750 [1973 c.421 §15; repealed by 1974 c.1 §23]
92.755 [1973 c.421 §31; repealed by 1974 c.1 §23]
92.760 [1973 c.421 §44; repealed by 1974 c.1 §23]
92.765 [1973 c.421 §28(2); repealed by 1974 c.1
§23]
92.770 [1973 c.421 §11; repealed by 1974 c.1 §23]
92.775 [1973 c.421 §29; repealed by 1974 c.1 §23]
92.780 [1973 c.421 §46; repealed by 1974 c.1 §23]
92.785 [1973 c.421 §47; repealed by 1974 c.1 §23]
92.800 [1973 c.421 §42; repealed by 1974 c.1 §23]
92.805 [1973 c.421 §33; repealed by 1974 c.1 §23]
92.810 [1973 c.421 §32; repealed by 1974 c.1 §23]
92.820 [1974 c.1 §21; 1977 c.41 §1; renumbered
92.339]
SUBDIVISION IN MANUFACTURED DWELLING
PARK OR MOBILE HOME PARK
92.830 Definitions for ORS 92.830 to
92.845. As used in ORS 92.830 to 92.845, unless
the context requires otherwise:
(1)
“Declarant” means a person who makes a declaration
pursuant to ORS 92.845.
(2)
“Lot” has the meaning given that term in ORS 92.010.
(3)
“Manufactured dwelling” has the meaning given that term in ORS 90.100.
(4)
“Manufactured dwelling park” and “mobile home park” have the meanings given
those terms in ORS 446.003.
(5)
“Person” has the meaning given that term in ORS 92.305.
(6)
“Tenant” means a person who owns and occupies as a residence a manufactured
dwelling or mobile home on a rented space in a manufactured dwelling park or mobile
home park. [2001 c.711 §1; 2003 c.474
§5; 2011 c.503 §12]
Note: 92.830
to 92.845 were enacted into law by the Legislative Assembly but were not added
to or made a part of ORS chapter 92 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for further explanation.
92.832 Policy.
The Legislative Assembly finds:
(1)
There is a need to create a mechanism for owners of manufactured dwellings in
existing manufactured dwelling parks and mobile home parks to acquire individual
ownership interest in the lot on which the dwelling is located;
(2)
The creation of an individual ownership interest should not impose an undue
financial burden on the owner of a park;
(3)
The public interest is furthered by regulating the promotion, subdivision and
sale of individual ownership interests in the lots in a park to owners of
manufactured dwellings to ensure that local jurisdictions do not place
unreasonable constraints on the conversion of existing parks into planned
community subdivisions of manufactured dwellings; and
(4)
The orderly conversion of manufactured dwelling parks and mobile home parks to
subdivisions has effects on infrastructure and access that make it appropriate
to require assurances that public health and safety standards are met by
persons buying or selling lots converted from a park. [2001 c.711
§2; 2003 c.474 §6]
Note: See
note under 92.830.
92.835 Subdivision of manufactured
dwelling park or mobile home park; waiver of right of remonstrance to formation
of local improvement district.
Notwithstanding the standards and procedures established under ordinances and
regulations adopted by the governing body of a city or a county under ORS
92.044 or 92.048, when application for approval of the subdivision of a
manufactured dwelling park or mobile home park that was lawfully approved
before July 2, 2001, is made under ORS 92.040 to the governing body of a city
or county, the governing body of the city or county shall approve:
(1)
A tentative plan upon receipt and verification of evidence that:
(a)
The park is in compliance with the governing body’s standards for a
manufactured dwelling park or a mobile home park or is an approved
nonconforming use. For the purposes of this paragraph, a park is in compliance
if the governing body of the city or county has not issued a written notice of
noncompliance on or before July 2, 2001;
(b)
Except as provided in this paragraph, the tentative plan does not make changes
from the approved manufactured dwelling park or mobile home park development,
including but not limited to increasing or decreasing the number of lots as
defined in ORS 446.003 or changing the external boundary lines or setback
requirements. The tentative plan may provide for a reduction in the number of
lots, if the reduction involves only lots that have never been used for
placement of manufactured dwellings;
(c)
The tentative plan restricts the use of lots in the subdivision to the
installation of manufactured dwellings and restricts any other property in the
subdivision to use as common property as defined in ORS 94.550 or for public
purposes;
(d)
The tentative plan does not contain conditions of approval or require
development agreements except the original conditions of approval and
development agreements contained in the original approval for the park or
conditions required by ORS 92.830 to 92.845; and
(e)
The property owners applying for the conversion have signed and recorded a
waiver of the right of remonstrance, in a form approved by the city or county,
for the formation of a local improvement district by a city or county. A waiver
described in this paragraph must be in regard only to sanitary and storm sewers
or water facilities and be operative only if the city or county determines
after a hearing that the absence or inadequacy of
those sewers or facilities is an immediate danger to life, health or safety.
However, a waiver of the right of remonstrance may not be required of the owner
of a lot in a manufactured dwelling park or mobile home park if the park was
served for water, sewer and irrigation by a private utility company prior to an
acquisition of that company by municipal condemnation commenced prior to
January 1, 2003.
(2)
A plat in compliance with the applicable requirements of ORS 92.010 to 92.192,
except standards and procedures adopted by regulation or ordinance under ORS
92.044 or 92.048. The plat may not contain conditions of approval or require
development agreements except the original conditions of approval and
development agreements contained in the original plat for the park or
conditions required by ORS 92.830 to 92.845. [2001 c.711
§3; 2003 c.474 §7]
Note: See
note under 92.830.
92.837 Application of city or county
comprehensive plans and land use regulations; placement of new or replacement
manufactured dwelling. (1) Except as provided in
subsection (2) of this section, city or county comprehensive plans and land use
regulations that applied at the time the manufactured dwelling park or mobile
home park was approved continue to apply to park land that is converted to a
subdivision pursuant to ORS 92.830 to 92.845 until the earlier of:
(a)
The sale of all of the newly created lots in accordance with ORS 92.840 and the
issuance of permits to allow the placement of a manufactured dwelling on each
of those lots; or
(b)
Ten years after conversion of the manufactured dwelling park or mobile home
park to a subdivision.
(2)
An original or replacement manufactured dwelling may be placed on a park space
that has been converted to a subdivision lot under ORS 92.835 if:
(a)
The manufactured dwelling is constructed and installed in accordance with state
and federal standards; and
(b)
The owner of the lot has signed and recorded a waiver of the right of
remonstrance, in a form approved by the city or county, for the formation of a
local improvement district by a city or county. A local improvement district
described in this paragraph must be for the construction of a capital
improvement described in ORS 223.299 (1)(a)(A) to (C).
(3)
Notwithstanding subsection (2)(b) of this section, a waiver of the right of
remonstrance may not be required of the owner of a lot in a manufactured
dwelling park or mobile home park if the park was served for water, sewer and
irrigation by a private utility company prior to an acquisition of that company
by municipal condemnation commenced prior to January 1, 2003. [2003 c.474 §2]
Note: See
note under 92.830.
92.839 Notice to tenants of conversion and
tenants’ rights during conversion. (1) When a declarant submits an application for approval of the
conversion of a manufactured dwelling park or mobile home park to a planned
community subdivision of manufactured dwellings pursuant to ORS 92.830 to
92.845, the declarant shall give each tenant:
(a)
A copy of any notice given by the local government to neighboring property
owners regarding the application.
(b)
A written statement generally explaining the subdivision conversion and
describing any public process or hearings to be conducted concerning the
application.
(c)
A general explanation of the tenant’s rights during the conversion, including
the right under ORS 92.840 to purchase the lot created during the conversion of
the park to a planned community subdivision of manufactured dwellings.
(2)
The declarant shall give the items described in
subsection (1) of this section to the tenant in the manner provided in ORS
90.155 within five days after the local government gives its notice to the
neighbors or, if the local government does not give a notice, within 10 days
after the declarant submits the application.
(3)
A declarant is liable to an affected tenant for
failure to give the items described in subsection (1) of this section in the
amount of $200 or actual damages, whichever is more. However, failure to give
the items described in subsection (1) of this section to a tenant does not
affect the validity of the conversion. [2011 c.503 §15]
Note: See
note under 92.830.
92.840 Sale of subdivision lots; offer to
sell lot to tenant; improvement or rehabilitation of park proposed for
subdivision; continuation of tenancy on lot in subdivision.
(1) Notwithstanding the provisions of ORS 92.016 (1), prior to the approval of
a tentative plan, the declarant may negotiate to sell
a lot for which approval is required under ORS 92.830 to 92.845.
(2)
Prior to the sale of a lot, the declarant shall offer
to sell the lot to the tenant who occupies the lot. The offer required under
this subsection:
(a)
Terminates 60 days after receipt of the offer by the tenant or upon written
rejection of the offer, whichever occurs first; and
(b)
Does not constitute a notice of termination of the tenancy.
(3)
For 60 days after termination of the offer required under subsection (2) of
this section, the declarant may not sell the lot to a
person other than the tenant at a price or on terms that are more favorable to
the purchaser than the price or terms that were offered to the tenant.
(4)
After the manufactured dwelling park or mobile home park has been submitted for
subdivision under ORS 92.830 to 92.845 and until a lot is offered for sale in
accordance with subsection (2) of this section, the declarant
shall notify a prospective tenant, in writing, prior to the commencement of the
tenancy, that the park has been submitted for subdivision and that the tenant
is entitled to receive an offer to purchase the lot under subsection (2) of
this section.
(5)
Prior to the sale of a lot in a subdivision created by conversion of the park,
the declarant must provide the tenant or other
potential purchaser of the lot with information about the homeowners
association formed by the declarant as required by
ORS 94.625. The information must, at a minimum, include the association name
and type and any rights set forth in the declaration required by ORS 94.580.
(6)
The declarant may not begin improvements or
rehabilitation to the lot during the period described in the landlord’s notice
of termination under ORS 90.645 without the permission of the tenant.
(7)
The declarant may begin improvements or
rehabilitation to the common property as defined in the declaration during the
period described in the landlord’s notice of termination under ORS 90.645.
(8)
If the tenant does not buy the lot occupied by the tenant’s manufactured
dwelling or mobile home, the declarant and the tenant
may continue the tenancy on the lot after approval of the tentative plan. The
rights and responsibilities of tenants who continue their tenancy on the lot in
the planned community subdivision of manufactured dwellings are set out in ORS
90.643.
(9)
After approval of the tentative plan and the period provided by subsection
(2)(a) of this section, the declarant shall promptly:
(a)
Notify the Office of Manufactured Dwelling Park Community Relations of the
Housing and Community Services Department of the approval.
(b)
Provide the office with a street address for each lot in the planned community
subdivision of manufactured dwellings that remains available for rental use.
(10)
Nothing in this section prevents the declarant from
terminating a tenancy in the park in compliance with ORS 90.630, 90.632 and
90.645. However, the declarant shall make the offer
required under subsection (2) of this section to a tenant whose tenancy is
terminated after approval of the tentative plan unless the termination is for
cause under ORS 90.392, 90.394, 90.396, 90.630 (1) or (8) or 90.632. [2001 c.711 §4; 2003 c.474 §8; 2005 c.391 §27; 2007 c.906 §8; 2011 c.503 §13]
Note: See
note under 92.830.
92.843 Approval of declaration or
amendment to declaration made pursuant to ORS 92.845.
(1) A declaration made pursuant to ORS 92.845, or an amendment to the
declaration, may not be recorded unless first approved by the tax collector for
the county where the property is located and the Real Estate Commissioner.
(2)
A tax collector shall approve a declaration or amendment submitted under this
section if:
(a)
All ad valorem taxes, special assessments, fees and other charges required by
law to be placed on the tax roll that are or will become a lien on the property
during the tax year have been paid as required by ORS 92.095; and
(b)
Any additional taxes or penalties, and interest on taxes or penalties,
resulting from a disqualification of the property from special assessment have
been paid.
(3)
The commissioner shall approve a declaration or amendment submitted under this
section if:
(a)
The declaration or amendment complies with ORS 92.835, 92.845 and 94.580; and
(b)
The plat executed by the declarant is in conformance
with ORS 92.835 (2).
(4)
The commissioner’s approval of a declaration or amendment under this section
expires after two years if the declaration or amendment has not been recorded.
The commissioner shall specify the expiration date when approving the
declaration or amendment. A declaration or amendment may not be reapproved
after an approval expires unless the declaration or amendment is resubmitted
and new determinations are made under subsections (2) and (3) of this section. [2003
c.474 §3]
Note: See
note under 92.830.
92.845 Relationship of subdivision in
manufactured dwelling park or mobile home park to planned community statutes
and series partition statutes; system development charges.
(1) A planned community subdivision of manufactured dwellings created in a
manufactured dwelling park or mobile home park under ORS 92.830 to 92.845:
(a)
Is subject to ORS 94.550 to 94.783;
(b)
Is not subject to system development charges or other similar charges that are
based on approval of the subdivision; and
(c)
Remains subject to system development charges that are based on the prior
approval of the manufactured dwelling park or mobile home park.
(2)
The declarant of a planned community subdivision of
manufactured dwellings under ORS 92.830 to 92.845 shall:
(a)
Comply with the provisions of ORS 92.305 to 92.495, except ORS 92.337 and
92.395; and
(b)
Include in the declaration described in ORS 94.580 a statement that the
subdivision will comply with the conditions required by ORS 92.835 and
subsections (1)(b) and (c) of this section. [2001 c.711
§5; 2003 c.474 §9]
Note: See
note under 92.830.
PENALTIES
92.990 Penalties.
(1) Violation of any provision of ORS 92.010 to 92.090, 92.100 and 92.120 to
92.170 or of any regulation or ordinance adopted thereunder, is a Class C
misdemeanor.
(2)
Any person who violates any of the provisions of ORS 92.325 (1), 92.345 to
92.365, 92.405 (1), (2) and (3), 92.425, 92.433, 92.460 to 92.475 and any
alternative requirements of the Real Estate Commissioner prescribed pursuant to
ORS 92.425 (3), not waived by the commissioner pursuant to ORS 92.395, or who
provides false information or omits to state material facts pursuant to ORS
92.337, commits a Class C felony. [Amended by 1955 c.756
§20; subsection (2) enacted as 1963 c.624 §20; 1965 c.584 §12; 1973 c.421 §48;
subsection (2) (1973 Replacement Part) enacted as 1973 c.421
§10; subsection (3) (1973 Replacement Part) enacted as 1973 c.421
§49; subsections (2), (3) (1973 Replacement Part) repealed by 1974 c.1 §23; subsection (2) (1974 Replacement Part) enacted as
1974 c.1 §22; 1975 c.643 §21;
1977 c.809 §14; 1987 c.320 §14;
2011 c.597 §155]
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