2007 Oregon Code - Chapter 92 :: Chapter 92 - Subdivisions and Partitions
Chapter 92 — Subdivisions
and Partitions
2007 EDITION
SUBDIVISIONS AND PARTITIONS
PROPERTY RIGHTS AND TRANSACTIONS
TENTATIVE AND FINAL APPROVAL OF PLANS; PLATS
92.010Â Â Â Â Â Â Definitions
for ORS 92.010 to 92.190
92.012Â Â Â Â Â Â Compliance
with ORS 92.010 to 92.190 required
92.014Â Â Â Â Â Â Approval
of city or county required for specified divisions of land
92.016Â Â Â Â Â Â
92.017Â Â Â Â Â Â When
lawfully created lot or parcel remains discrete lot or parcel
92.018Â Â Â Â Â Â BuyerÂ’s
remedies for purchase of improperly created unit of land
92.025Â Â Â Â Â Â Prohibition
of sale of lot or parcel prior to recordation of plat; waiver
92.027Â Â Â Â Â Â Deed
reference to creation of unit of land
92.040Â Â Â Â Â Â Application
for approval of subdivision or partition; tentative plan; applicability of
local government laws
92.042Â Â Â Â Â Â Governing
body having jurisdiction to approve plans, maps or plats
92.044Â Â Â Â Â Â Adoption
of standards and procedures governing approval of plats and plans; delegation;
fees
92.046Â Â Â Â Â Â Adoption
of regulations governing approval of partitioning of land; delegation; fees
92.048Â Â Â Â Â Â Procedure
for adoption of regulations under ORS 92.044 and 92.046
92.050Â Â Â Â Â Â Requirements
of survey and plat of subdivision and partition
92.055Â Â Â Â Â Â Requirements
for unsurveyed and unmonumented parcels on plats
92.060Â Â Â Â Â Â Marking
subdivision, partition or condominium plats with monuments; types of monuments
92.065Â Â Â Â Â Â Monumenting
certain subdivision corners after recording plat; bond, cash deposit or other
security
92.070Â Â Â Â Â Â SurveyorÂ’s
certificates; procedure for recording monumented corners on plat previously
recorded; reestablishing certain monuments
92.075Â Â Â Â Â Â Declaration
required to subdivide or partition property; contents
92.080Â Â Â Â Â Â Preparation
of plat
92.090Â Â Â Â Â Â Approval
of subdivision plat names; requisites for approval of tentative subdivision or
partition plan or plat
92.095Â Â Â Â Â Â Payment
of taxes, interest or penalties before subdivision or partition plat recorded
92.097Â Â Â Â Â Â Employment
of private licensed engineer by private developer; government standards and
fees
92.100Â Â Â Â Â Â Approval
of plat by city or county surveyor; procedures; approval by county assessor and
county governing body; fees
92.105Â Â Â Â Â Â Time
limit for final action by city or county on tentative plan
92.120Â Â Â Â Â Â Recording
plats; filing copies; preservation of records
92.130Â Â Â Â Â Â Additional
tracings transferred to county surveyor; replacing lost or destroyed records
92.140Â Â Â Â Â Â Indexing
of plats
92.150Â Â Â Â Â Â Construction
of donations marked on plat
92.160Â Â Â Â Â Â Notice
to Real Estate Commissioner of receipt of subdivision plat
92.170Â Â Â Â Â Â Amending
recorded plat; affidavit of correction
92.175Â Â Â Â Â Â Methods
by which certain land may be provided for public purposes
92.176Â Â Â Â Â Â Validation
of unit of land not lawfully established
92.177Â Â Â Â Â Â Creation
of parcel by less than all owners of lawfully established unit of land
92.178Â Â Â Â Â Â Creation
of parcel previously approved but not acted upon
92.179Â Â Â Â Â Â Liability
for costs of relocating utility facilities
REPLATTING
92.180Â Â Â Â Â Â Authority
to review replats
92.185Â Â Â Â Â Â Reconfiguration
of lots or parcels and public easements; vacation; notice; utility easements
92.190Â Â Â Â Â Â Effect
of replat; operation of other statutes; use of alternate procedures
UNDEVELOPED SUBDIVISIONS
92.205Â Â Â Â Â Â Policy
92.215Â Â Â Â Â Â Review
authorized; manner
92.225Â Â Â Â Â Â Review
of undeveloped or developed subdivision plat lands
92.234Â Â Â Â Â Â Revision,
vacation of undeveloped subdivisions; vacation proceedings; effect of
initiation by affected landowner
92.245Â Â Â Â Â Â Fees
for review proceedings resulting in modification or vacation
MISCELLANEOUS PROVISIONS
92.285Â Â Â Â Â Â Retroactive
ordinances prohibited
(Generally)
92.305Â Â Â Â Â Â Definitions
for ORS 92.305 to 92.495
92.313Â Â Â Â Â Â Policy;
construction; citation
92.317Â Â Â Â Â Â Policy;
protection of consumers
92.325Â Â Â Â Â Â Application
of ORS 92.305 to 92.495
92.337Â Â Â Â Â Â Exemption
procedures; withdrawal of exemption; filing fee
92.339Â Â Â Â Â Â Use
of fees
(Filing Requirements)
92.345Â Â Â Â Â Â Notice
of intention; fee
92.355Â Â Â Â Â Â Commissioner
may request further information; content
92.365Â Â Â Â Â Â Filing
information to be kept current; fee for notice of material change
92.375Â Â Â Â Â Â Consent
to service of process on commissioner
(Examination of Subdivision and Series Partition;
Public Report)
92.385Â Â Â Â Â Â Examination;
public report; waiver of examination in other state
92.395Â Â Â Â Â Â Waiver
of examination in this state; notice to subdivider or series partitioner
92.405Â Â Â Â Â Â
92.410Â Â Â Â Â Â Review
of subdivisions for which public report issued; revised public report;
compliance with ORS 92.305 to 92.495
92.415Â Â Â Â Â Â Advance
of travel expense for examination of subdivision or series partition
(Requirements for
92.425Â Â Â Â Â Â Conditions
prerequisite to sale
92.427Â Â Â Â Â Â Cancellation
of agreement to buy interest in subdivision or series partition; procedure;
effect; waiver; exemptions
92.430Â Â Â Â Â Â Notice
to purchaser of cancellation rights; form
92.433Â Â Â Â Â Â Escrow
documents required of successor to vendorÂ’s interest
92.455Â Â Â Â Â Â Inspection
of records
(Prohibited Acts)
92.460Â Â Â Â Â Â Blanket
encumbrance permitted only in certain circumstances
92.465Â Â Â Â Â Â Fraud
and deceit prohibited
92.475Â Â Â Â Â Â False
or misleading advertising prohibited; liability
92.485Â Â Â Â Â Â Waiver
of legal rights void
(Enforcement)
92.490Â Â Â Â Â Â Civil
penalty
92.495Â Â Â Â Â Â Cease
and desist order; injunction
SUBDIVISION IN MANUFACTURED
92.830Â Â Â Â Â Â Definitions
for ORS 92.830 to 92.845
92.832Â Â Â Â Â Â Policy
92.835Â Â Â Â Â Â Subdivision
of manufactured dwelling park or mobile home park; waiver of right of
remonstrance to formation of local improvement district
92.837Â Â Â Â Â Â Application
of city or county comprehensive plans and land use regulations; placement of
new or replacement manufactured dwelling
92.840Â Â Â Â Â Â
92.843Â Â Â Â Â Â Approval
of declaration or amendment to declaration made pursuant to ORS 92.845
92.845Â Â Â Â Â Â Relationship
of subdivision in manufactured dwelling park or mobile home park to planned
community statutes and series partition statutes; system development charges
PENALTIES
92.990Â Â Â Â Â Â Penalties
TENTATIVE AND FINAL APPROVAL OF PLANS; PLATS
     92.010
Definitions for ORS 92.010 to 92.190. As used in ORS 92.010 to 92.190, unless the context requires
otherwise:
     (1) “Declarant” means the person who files
a declaration under ORS 92.075.
     (2) “Declaration” means the instrument
described in ORS 92.075 by which the subdivision or partition plat was created.
     (3)(a) “Lawfully established unit of land”
means:
     (A) A lot or parcel created pursuant to
ORS 92.010 to 92.190; or
     (B) Another unit of land created:
     (i) In compliance with all applicable
planning, zoning and subdivision or partition ordinances and regulations; or
     (ii) By deed or land sales contract, if
there were no applicable planning, zoning or subdivision or partition
ordinances or regulations.
     (b) “Lawfully established unit of land”
does not mean a unit of land created solely to establish a separate tax
account.
     (4) “
     (5) “Negotiate” means any activity
preliminary to the execution of a binding agreement for the sale of land in a
subdivision or partition, including but not limited to advertising,
solicitation and promotion of the sale of such land.
     (6) “Parcel” means a single unit of land
that is created by a partition of land.
     (7) “Partition” means either an act of
partitioning land or an area or tract of land partitioned.
     (8) “Partition land” means to divide land
to create not more than three parcels of land within a calendar year, but does
not include:
     (a) A division of land resulting from a
lien foreclosure, foreclosure of a recorded contract for the sale of real
property or the creation of cemetery lots;
     (b) An adjustment of a property line by
the relocation of a common boundary where an additional unit of land is not
created and where the existing unit of land reduced in size by the adjustment
complies with any applicable zoning ordinance;
     (c) The division of land resulting from the
recording of a subdivision or condominium plat;
     (d) A sale or grant by a person to a
public agency or public body for state highway, county road, city street or
other right of way purposes provided that such road or right of way complies
with the applicable comprehensive plan and ORS 215.213 (2)(p) to (r) and
215.283 (2)(q) to (s). However, any property divided by the sale or grant of
property for state highway, county road, city street or other right of way
purposes shall continue to be considered a single unit of land until such time
as the property is further subdivided or partitioned; or
     (e) A sale or grant by a public agency or
public body of excess property resulting from the acquisition of land by the
state, a political subdivision or special district for highways, county roads,
city streets or other right of way purposes when the sale or grant is part of a
property line adjustment incorporating the excess right of way into adjacent
property. The property line adjustment shall be approved or disapproved by the
applicable local government. If the property line adjustment is approved, it
shall be recorded in the deed records of the county where the property is
located.
     (9) “Partition plat” includes a final map
and other writing containing all the descriptions, locations, specifications,
provisions and information concerning a partition.
     (10) “Plat” includes a final subdivision
plat, replat or partition plat.
     (11) “Property line” means the division
line between two units of land.
     (12) “Property line adjustment” means the
relocation or elimination of a common property line between abutting
properties.
     (13) “Replat” means the act of platting
the lots, parcels and easements in a recorded subdivision or partition plat to
achieve a reconfiguration of the existing subdivision or partition plat or to
increase or decrease the number of lots in the subdivision.
     (14) “Road” or “street” means a public or
private way that is created to provide ingress or egress for persons to one or
more lots, parcels, areas or tracts of land, excluding a private way that is
created to provide ingress or egress to such land in conjunction with the use
of such land for forestry, mining or agricultural purposes.
     (15) “
     (16) “Subdivide land” means to divide land
to create four or more lots within a calendar year.
     (17) “Subdivision” means either an act of
subdividing land or an area or a tract of land subdivided.
     (18) “Subdivision plat” includes a final
map and other writing containing all the descriptions, locations,
specifications, dedications, provisions and information concerning a
subdivision.
     (19) “Utility easement” means an easement
noted on a subdivision plat or partition plat for the purpose of installing or
maintaining public or private utility infrastructure for the provision of
water, power, heat or telecommunications to the public. [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]
     92.012
Compliance with ORS 92.010 to 92.190 required. No land may be subdivided or partitioned except
in accordance with ORS 92.010 to 92.190. [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
     (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
BuyerÂ’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 92.190 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
92.190 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 surveyorÂ’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 clerkÂ’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 92.190 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. (1) The initial
point, also known as the point of beginning, of a plat must be on the exterior
boundary of the plat and must be marked with a monument that is either
galvanized iron pipe or an iron or steel rod. If galvanized iron pipe is used,
the pipe may not be less than three-quarter inch inside diameter and 30 inches
long. If an iron or steel rod is used, the rod may not be less than
five-eighths of an inch in least dimension and 30 inches long. The location of
the monument shall be with reference by survey to a section corner, one-quarter
corner, one-sixteenth corner, Donation Land Claim corner or to a monumented lot
corner or boundary corner of a recorded subdivision, partition or condominium
plat. When setting a required monument is impracticable under the
circumstances, the county surveyor may authorize the setting of another type of
monument.
     (2) In subdivision plats, the
intersections, the initial point, also known as the point of beginning, the
point of ending, points of curves and points of tangents, or the point of
intersection of the curve if the point is within the pavement area of the road,
of the centerlines of all streets and roads and all points on the exterior
boundary where the boundary line changes direction, must be marked with
monuments either of galvanized iron pipe or iron or steel rods. If galvanized
iron pipe is used, the pipe may not be less than three-quarter inch inside
diameter and 30 inches long. If iron or steel rods are used, the rod may not be
less than five-eighths of an inch in least dimension and 30 inches long. When
setting a required monument is impracticable under the circumstances:
     (a) The county surveyor may authorize the
setting of another type of monument; or
     (b) The county surveyor may waive the
setting of the monument.
     (3) All lot and parcel corners except lot
corners of cemetery lots must be marked with monuments of either galvanized
iron pipe not less than one-half inch inside diameter or iron or steel rods not
less than five-eighths inch in least dimension and not less than 24 inches
long. When setting a required monument is impracticable under the circumstances:
     (a) The surveyor may set another type of
monument; or
     (b) The county surveyor may waive the
setting of the monument.
     (4) A surveyor shall set monuments with
sufficient accuracy that measurements may be taken between monuments within
one-tenth of a foot or within one ten-thousandth of the distance shown on the
subdivision or partition plat, whichever is greater.
     (5) A surveyor shall set monuments on the
exterior boundary of a subdivision, unless the county surveyor waives the
setting of a particular monument, where changes in the direction of the
boundary occur and shall reference the monuments on the plat of the subdivision
before the plat of the subdivision is offered for recording. However, the
surveyor need not set the remaining monuments for the subdivision prior to the
recording of the plat of the subdivision if:
     (a) The registered professional land
surveyor performing the survey work certifies that the remaining monuments will
be set, unless the county surveyor waives the setting of a particular monument,
on or before a specified date as provided in ORS 92.070 (2); and
     (b) The person subdividing the land
furnishes to the county or city by which the subdivision was approved a bond,
cash deposit, irrevocable letter of credit issued by an insured institution as
defined in ORS 706.008 or other security as required by the county or city
guaranteeing the payment of the cost of setting the remaining monuments for the
subdivision as provided in ORS 92.065.
     (6) A surveyor shall set all monuments on
the exterior boundary and all parcel corner monuments of partitions, unless the
county surveyor waives the setting of a particular monument, before the
partition plat is offered for recording. Unless the governing body provides
otherwise, any parcels created outside an urban growth boundary that are
greater than 10 acres need not be surveyed or monumented.
     (7) Except as provided in subsections (8)
and (9) of this section, an adjusted property line created by the relocation of
a common boundary as described in ORS 92.010 (8)(b) must be surveyed and
monumented in accordance with subsection (3) of this section and a survey,
complying with ORS 209.250, must be filed with the county surveyor.
     (8) Unless the governing body of a city or
county has otherwise provided by ordinance, a survey or monument is not
required for a property line adjustment when the abutting properties are each
greater than 10 acres. Nothing in this subsection exempts a local government
from minimum area requirements established in acknowledged comprehensive plans
and land use regulations.
     (9) The requirements of subsection (7) of
this section do not apply to property transferred through a property line
adjustment as provided in ORS 92.010 (8)(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]
     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 surveyorÂ’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
SurveyorÂ’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 surveyorÂ’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 recorderÂ’s information on the county
surveyorÂ’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 surveyorÂ’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 surveyorÂ’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 clerkÂ’s office and the county surveyorÂ’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 surveyorÂ’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 yearÂ’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 private licensed engineer by private developer; government
standards and fees. (1) No
city, county or special district shall prohibit the employment by a developer
of a licensed 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 licensed 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]
     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 92.190 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 92.190 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 92.190 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 surveyorÂ’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. (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 recorderÂ’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 ORS
92.010 to 92.190 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 92.190 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 92.190 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) “
     (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 92.190 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
bodyÂ’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]
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]
(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, mechanicÂ’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 lesseeÂ’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) “
     (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 92.190.
     (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
     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
     (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
     (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
     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 92.190;
     (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 Department of Human Services;
     (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]
     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, respectively, by ORS 92.010 (16) and (17), a
certified copy of the plat filed for record under ORS 92.120 and a copy of any
conditions imposed by the city or county governing body;
     (B) For “partitioned land” or a “partition”
as those terms are defined by ORS 92.010 (7) and (8), a certified copy of the
plat filed for record under ORS 92.120 and a copy of any conditions imposed by
the city or county governing body; and
     (C) For all other land subject to ORS
92.305 to 92.495, a survey, diagram, drawing or other writing designating and
describing, including location and boundaries when applicable, the interests to
be sold and a statement from the city or county governing body that the
proposal as depicted on the survey, diagram, drawing or other writing has
received all necessary local approvals or that no local approval is required;
     (d) With respect to subdivided lands
located outside this state:
     (A) A copy of the plat, map, survey,
diagram, drawing or other writing designating and describing, including
location and boundaries when applicable, the interests to be sold, in the final
recorded form required by the governing body having jurisdiction over the
property; and
     (B) A written statement from the
appropriate governing body that the plat, map, survey, diagram, drawing or
other writing is in compliance with all applicable laws, ordinances and
regulations;
     (e) A brief but comprehensive statement
describing the land on and the locality in which the subdivision or series
partition is located;
     (f) A statement of the condition of the
title to the land;
     (g) A statement of the provisions, if any,
that have been made for legal access, sewage disposal and public utilities in
the proposed subdivision or series partition, including water, electricity, gas
and telephone facilities;
     (h) A statement of the use or uses for
which the proposed subdivision or series partition will be offered; and
     (i) A statement of the provisions, if any,
limiting the use or occupancy of the interests in the subdivision or series
partition.
     (2) The notice of intention shall be
accompanied by a filing fee as follows:
     (a) For subdivisions or series partitions
containing 10 or fewer lots, parcels or interests, $100.
     (b) For subdivisions or series partitions
containing over 10 lots, parcels or interests, $100, and $25 for each
additional lot, parcel or interest, but in no case shall the fee be more than
$2,500.
     (3) For lands located outside this state,
the notice of intention shall include only the area shown by the plat, survey,
diagram, drawing or other writing required under subsection (1)(d) of this
section. The subdivision of any contiguous lands located outside this state
shall be treated as a separate subdivision for which an additional complete
filing must be made, even though the plat, map, survey, diagram, drawing or
other writing of the contiguous lands is recorded simultaneously as part of an
overall development. [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]
     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
commissionerÂ’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 CommissionerÂ’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
     (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
CommissionerÂ’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
     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 sellerÂ’s address. The three business days
cancellation period in subsection (1) of this section does not begin until the
seller provides the purchaser with sellerÂ’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 purchaserÂ’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 purchaserÂ’s copy of the executed
evidence of indebtedness to the seller, and the seller shall cancel the evidence
of indebtedness. Any encumbrances against the purchaserÂ’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 SELLERÂ’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 purchaserÂ’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 vendorÂ’s interest. (1) A purchaser of a vendorÂ’s interest or a
holder of an encumbrance secured by a vendorÂ’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 vendorÂ’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
     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) “
     (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. [2001 c.711 §1; 2003 c.474 §5]
     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 bodyÂ’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 92.190, 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.
     92.840
     (2) Prior to the sale of a lot in a park,
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) The declarant may not sell the lot to
a person other than the tenant for 60 days after termination of the offer
required under subsection (2) of this section 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 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 any sale of a lot in a
subdivision created in 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
landlordÂ’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 landlordÂ’s notice of termination under ORS 90.645.
     (8) 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]
     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 punishable, upon conviction, by a
fine of not less than $50 nor more than $500 or imprisonment in the county jail
for not less than 25 days nor more than 50 days, or both.
     (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, shall be punished by a fine not
exceeding $10,000, or by imprisonment in the custody of the Department of
Corrections for a period not exceeding three years, or in the county jail not
exceeding one year, or by both such fine and imprisonment. [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]
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