Oregon Statutes

Chapter 92 - Subdivisions and Partitions

• 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)...
• 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...
• 92.016   Sale or negotiation to sell lot or parcel prior to approval of tentative plan.
  (1) No person shall sell any lot in any subdivision with respect to which approval is required by any ordinance or regulation adopted under ORS...
• 92.017   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...
• 92.018   Buyer’s remedies for purchase of improperly created unit of land.
  (1) If a person buys a unit of land that is not a lawfully established unit of land, the person may bring an individual action...
• 92.020   [Repealed by 1955 c.756 §5 (92.025 enacted in lieu of 92.020 and 92.030)]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...
• 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...
• 92.030   [Repealed by 1955 c.756 §5 (92.025 enacted in lieu of 92.020 and 92.030)]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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 92.070   Surveyor’s certificates; procedure for recording monumented corners on plat previously recorded; reestablishing certain monuments.
  (1) Except as otherwise provided in this section, a subdivision or partition plat designating the location of land in a county in the State of...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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)...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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]
• 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]
• 92.305   Definitions for ORS 92.305 to 92.495.
  As used in ORS 92.305 to 92.495: (1) “Blanket encumbrance” means a trust deed or mortgage or any other lien or encumbrance, mechanic’s lien or...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 92.340   [1963 c.624 §16; repealed by 1973 c.421 §52]
• 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...
• 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...
• 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...
• 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...
• 92.380   [1963 c.624 §23; 1965 c.584 §11; repealed by 1973 c.421 §52]
• 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...
• 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...
• 92.405   Sale prohibited where public report not waived; distribution and use of public report.
  (1) Unless the making of a public report has been waived, a person may not sell or lease a lot, parcel or interest in a...
• 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...
• 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...
• 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...
• 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...
• 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...
• 92.433   Escrow documents required of successor to vendor’s interest.
  (1) A purchaser of a vendor’s interest or a holder of an encumbrance secured by a vendor’s interest in a land sale contract for which...
• 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....
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 92.500   [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]
• 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....
• 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...
• 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...
• 92.837   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...
• 92.840   Sale of subdivision lots in manufactured dwelling park or mobile home park; offer to sell lot to tenant; improvement or rehabilitation of park proposed for subdivision.
  (1) Notwithstanding the provisions of ORS 92.016 (1), prior to the approval of a tentative plan, the declarant may negotiate to sell a lot in...
• 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...
• 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...
• 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,...