Usa Oregon

USA Statutes : oregon
Title : TITLE 09 MORTGAGES AND LIENS
Chapter : Chapter 92 Subdivisions and Partitions


(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) “Lot” means a single unit of land that is created by a
subdivision of land.

(4) “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.

(5) “Parcel” means a single unit of land that is created by a
partition of land.

(6) “Partition” means either an act of partitioning land or an area
or tract of land partitioned.

(7) “Partition land” means to divide land to create two or 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.

(8) “Partition plat” includes a final map and other writing
containing all the descriptions, locations, specifications, provisions
and information concerning a partition.

(9) “Plat” includes a final subdivision plat, replat or partition
plat.

(10) “Property line” means the division line between two units of
land.

(11) “Property line adjustment” means the relocation or elimination
of a common property line between abutting properties.

(12) “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.

(13) “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.

(14) “Sale” or “sell” includes every disposition or transfer of
land in a subdivision or partition or an interest or estate therein.

(15) “Subdivide land” means to divide land to create four or more
lots within a calendar year.

(16) “Subdivision” means either an act of subdividing land or an
area or a tract of land subdivided.

(17) “Subdivision plat” includes a final map and other writing
containing all the descriptions, locations, specifications, dedications,
provisions and information concerning a subdivision.

(18) “Utility easement” means an easement noted on a subdivision
plat or partition plat for the purpose of installing or maintaining
public 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] 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](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](1) No person shall sell any lot in any subdivision
with respect to which approval is required by any ordinance or regulation
adopted under ORS 92.044 and 92.048 until such approval is obtained. No
person shall negotiate to sell any lot in a subdivision until a tentative
plan has been approved.

(2) A person may negotiate to sell any parcel in a partition with
respect to which approval of a tentative plan is required by any
ordinance or regulation adopted under ORS 92.044 or 92.046, respectively,
prior to the approval of the tentative plan for the partition, but no
person may sell any parcel in a partition for which approval of a
tentative plan is required by any ordinance or regulation adopted under
ORS 92.044 or 92.046, respectively, prior to such approval. [1955 c.756
§24; 1973 c.696 §5; 1974 s.s. c.74 §1; 1977 c.809 §5; 1991 c.763 §5; 2003
c.14 §34]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](1) A person who buys a lot or parcel that was created without
approval of the appropriate city or county authority may bring an
individual action against the seller in an appropriate court to recover
damages or to obtain equitable relief. The court may award reasonable
attorney fees to the prevailing party in an action under this section.

(2) If the seller of the lot or parcel is a county that
involuntarily acquired the lot or parcel by means of foreclosure under
ORS chapter 312 of delinquent tax liens, the person who purchases the lot
or parcel is not entitled to damages or equitable relief. [1983 c.718 §4;
1995 c.618 §53; 1997 c.805 §2](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](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](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](1) 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.

(a) 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; or

(F) Protection and assurance of access to wind for potential
electrical generation or mechanical application.

(b) The ordinances or regulations shall establish the form and
contents of tentative plans of partitions and subdivisions submitted for
approval.

(c) 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 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 utility provider, the
governing body of a city or county may not require a utility easement
except for a utility easement abutting a street. 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 s.s. 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](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]

(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](1) A person shall not submit a plat of a subdivision or
partition for record, until all the requirements of ORS 209.250 and the
plat requirements of the subdivision or partition have been met.

(2) The survey for the plat of the subdivision or partition shall
be done in a manner to achieve sufficient accuracy that measurements may
be taken between monuments within one-tenth of a foot or one
ten-thousandth of the distance shown on the subdivision or partition
plat, whichever is greater.

(3) The survey and plat of the subdivision or partition shall be
made by a registered professional land surveyor.

(4) The plat of the subdivision or partition shall be of sufficient
scale and lettering size, approved by the county surveyor, so that:

(a) The survey and mathematical information and all other details
are clearly and legibly shown on the plat.

(b) Each lot or parcel is numbered consecutively.

(c) The lengths and courses of the boundaries of each lot or parcel
are shown on the plat.

(d) Each street is named and shown on the plat.

(5) The locations and descriptions of all monuments found or set
must be carefully recorded upon all plats and the proper courses and
distances of all boundary lines, conforming to the surveyor’s
certificate, must be shown.

(6) The location, dimensions and purpose of all recorded and
proposed public and private easements must be shown on the subdivision or
partition plat along with the county clerk’s recording reference if the
easement has been recorded by the county clerk. Private easements become
effective upon the recording of the plat.

(7) The area of each lot or parcel must be shown on the subdivision
or partition plat.

(8) In addition to showing bearings in degrees, minutes and seconds
and distances in feet and hundredths of a foot, the following curve
information must be shown on the subdivision or partition plat either on
the face of the map or in a separate table:

(a) Arc length;

(b) Chord length;

(c) Chord bearing;

(d) Radius; and

(e) Central angle.

(9) A city or county may not require that a final subdivision,
condominium or partition plat show graphically or by notation on the
final plat any information or requirement that is or may be subject to
administrative change or variance by a city or county or any other
information unless authorized by the county surveyor. [Amended by 1955
c.756 §10; 1983 c.309 §3; 1989 c.772 §8; 1991 c.763 §10; 1993 c.702 §3;
1995 c.382 §4; 1997 c.489 §2; 1999 c.1018 §1; 2005 c.399 §5](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.(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 (7)(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 (7)(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](1) Except for exterior
monuments described in ORS 92.060 (5), if the remaining corners of a
subdivision are to be monumented on or before a specified date after the
recording of the plat of the subdivision, the person subdividing the land
described in the subdivision plat shall furnish to the county surveyor,
prior to approval of the subdivision plat by the county surveyor, a bond,
cash deposit, irrevocable letter of credit issued by an insured
institution as defined in ORS 706.008 or other security, as required at
the option of the city or county, in an amount equal to 120 percent of
the estimated cost of performing the work for the remaining monumentation.

(2) The county surveyor may require that the setting of the
remaining corners of the subdivision be delayed, according to the
provisions of this section, if the installation of street and utility
improvements has not been completed, or if other conditions or
circumstances justify the delay.

(3) The person subdividing the lands described in subsection (1) of
this section shall pay the surveyor for performing the remaining
monumentation work and notify the county surveyor of the payment. The
county surveyor, within three months after the notice, shall release the
bond, irrevocable letter of credit or other required security, or return
the cash deposit upon a finding that the payment has been made. Upon
written request from the person subdividing the land, the governing body
may pay the surveyor from moneys within a cash deposit held by it for
that purpose and return the excess of the cash deposit, if any, to the
person who made the deposit. If the subdivider has not paid the surveyor
within 30 days of final approval of the remaining monumentation, the city
or county may pay the surveyor from moneys held in a cash deposit, if
any, or require payment to be made from other security.

(4) In the event of the death, disability or retirement from
practice of the surveyor charged with the responsibility for setting
remaining monuments for a subdivision or upon the failure or refusal of
the surveyor to set the monuments, the county surveyor shall cause the
monumentation to be completed and referenced for recording as provided in
ORS 92.070. If another surveyor completes the remaining monumentation,
the surveyor shall submit an affidavit to the county surveyor complying
with ORS 92.070 (3)(b). The county surveyor shall note on the original,
and on any exact copies filed in accordance with ORS 92.120 (3) the
surveyor’s name and business address. Payment of the fees for completing
said monumentation shall be made by the subdivider within 30 days of the
completion of such work. In the event that the subdivider fails to pay
such fees within 30 days, the bond, cash deposit, irrevocable letter of
credit or other security may be used to pay such fees; and when such cash
or other securities are inadequate to cover the cost incurred by the
county surveyor, the balance due will constitute a lien on any lots in
the subdivision that are still in the ownership of the subdivider when
recorded pursuant to ORS 93.600 to 93.800. [1973 c.696 §14; 1983 c.309
§5; 1989 c.772 §10; 1991 c.331 §21; 1991 c.763 §12; 1995 c.382 §6; 1997
c.631 §392; 1999 c.1018 §4](1) Except as otherwise provided in this section, a subdivision or
partition plat designating the location of land in a county in the State
of Oregon, offered for record, must include on the face of the plat a
surveyor’s certificate, together with the seal and signature of the
surveyor having surveyed the land represented on the plat, to the effect
that the surveyor has correctly surveyed and marked with proper monuments
the lands as represented and has placed a proper monument as provided in
ORS 92.060 indicating the initial point of the plat and its location in
accordance with ORS 92.060 (1) and accurately describing by metes or
bounds, or other description as approved by the county surveyor, the
tract of land upon which the lots and blocks or parcels are laid out.

(2) If the person subdividing any land has complied with ORS 92.065
(1), the surveyor may prepare the plat of the subdivision for recording
with only the exterior monuments referenced on the subdivision plat as
submitted for recording. The subdivision plat shall include a
certification of the surveyor that the remaining corners for the
subdivision will be monumented on or before a specified date in
accordance with ORS 92.060, noting those monuments to be set on or before
said specified date on the subdivision plat as approved by the city or
county.

(3) After the remaining corners for a subdivision have been
monumented as provided in the certificate submitted under subsection (2)
of this section, the surveyor performing the work shall:

(a) Within five days after completion of the work, notify the
person subdividing the land involved and the county surveyor by whom the
subdivision was approved; and

(b) Upon approval of the work under ORS 92.100 by the county
surveyor, submit an affidavit for recording stating that the subdivision
plat has been correctly surveyed and marked with proper monuments at the
remaining corners of the subdivisions as noted on the original
subdivision plat. Any monument that cannot be set shall be separately
noted and a reference monument shall be set. The affidavit shall be
approved by the county surveyor before recording. The surveyor who
prepared the affidavit shall cause the affidavit to be recorded in the
office of the county recorder where the subdivision plat is recorded. The
county clerk shall promptly provide a recorded copy of the affidavit to
the county surveyor. The county surveyor shall note the monuments set and
the recorder’s information on the county surveyor’s copy of the
subdivision plat and any exact copies filed in accordance with ORS 92.120
(3). The original plat may not be corrected or changed after it is
recorded with the county clerk.

(4) The county surveyor approving the work pursuant to subsection
(3) of this section shall reference the approval upon the subdivision
plat and tracings previously recorded. A city surveyor approving the work
under ORS 92.100 (1) shall reference that surveyor’s approval on the
affidavit required under this section prior to approval by the county
surveyor.

(5) Notwithstanding ORS 209.250, the surveyor who prepared the
subdivision or partition plat may reestablish plat monuments within two
years of plat recordation without filing a map of the survey as required
under ORS 209.250. The surveyor reestablishing any plat monuments shall
prepare an affidavit stating that the reestablished corners of the
subdivision or partition plat have been correctly surveyed and marked
with proper monuments as required under ORS 92.060. The affidavit shall
be approved by the county surveyor prior to recordation of the affidavit
with the county clerk. The surveyor who prepared the affidavit shall file
the affidavit with the county clerk for the county where the subdivision
or partition plat is recorded. The county clerk shall promptly provide a
certified copy of the recorded affidavit to the surveyor. The county
surveyor shall indicate the reestablished monuments on the county
surveyor’s copy of the plat of the subdivision or partition and any
copies of the plat filed under ORS 92.120 (3). The original plat may not
be corrected or changed after it is recorded with the county clerk. The
county shall charge a fee for recording the affidavit in the county
clerk’s office and the county surveyor’s office. The fee shall be
established by the governing body of the county and shall be paid to the
county surveyor. [Amended by 1973 c.696 §13; 1983 c.309 §6; 1989 c.772
§11; 1991 c.763 §13; 1995 c.382 §7; 1997 c.489 §4; 1999 c.1018 §5; 2001
c.173 §1; 2005 c.399 §8](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.Notwithstanding ORS 205.232 and
205.234, all plats subdividing or partitioning land in a county in this
state, dedications of streets or roads or public parks and squares and
other writings made a part of the subdivision or partition plats offered
for record in a county in this state must be made on material that is 18
inches by 24 inches in size with an additional three-inch binding edge on
the left side when required by the county clerk or the county surveyor,
that is suitable for binding and copying purposes, and that has the
characteristics of strength and permanency required by the county clerk
and county surveyor. All signatures on the original subdivision or
partition plat must be in archival quality black ink. The subdivision or
partition plat must be of a scale required by the county surveyor. The
lettering of the approvals, the declaration, the surveyor’s certificate
and all other information must be of a size or type to be clearly
legible, but the information may not come nearer an edge of the sheet
than one inch. The subdivision or partition plat may be placed on as many
sheets as necessary, but a face sheet and an index page must be included
for subdivision or partition plats placed upon three or more sheets.
[Amended by 1955 c.756 §12; 1973 c.696 §15; 1985 c.582 §1; 1989 c.772
§12; 1991 c.763 §14; 1993 c.321 §6; 1993 c.702 §5; 1997 c.489 §5; 1999
c.710 §3; 2005 c.399 §10](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 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 s.s. c.74 §3; 1983 c.309 §7; 1989 c.772 §13; 1991 c.331 §22; 1991
c.763 §15; 1995 c.164 §1](1) A subdivision or partition plat may not
be recorded unless all ad valorem taxes have been paid, including
additional taxes, interest and penalties imposed on land disqualified for
any special assessment and all special assessments, fees or other charges
required by law to be placed upon the tax roll that have become a lien
upon the land or that will become a lien during the tax year.

(2) After July 1, and before the certification under ORS 311.105 of
any year, the subdivider or partitioner shall:

(a) If the exact amount of taxes, penalties, special assessments,
fees and charges can be computed by the assessor, pay the amount to the
tax collector. The assessor is authorized to levy and the tax collector
is authorized to collect the amount.

(b) If the assessor is unable to compute the amount at the time,
either:

(A) Pay the amount estimated by the assessor to be needed to pay
the taxes, penalties, special assessments, fees and other charges to
become due; or

(B) Deposit with the tax collector a bond or irrevocable letter of
credit with a good and sufficient undertaking in an amount the assessor
considers adequate to ensure payment of the taxes to become due. The bond
or irrevocable letter of credit amount may not exceed twice the amount of
the previous year’s taxes, special assessments, fees and other charges
upon the land.

(3) Taxes paid or for which security is given under subsection
(2)(a) or (b) of this section are entitled to the discount provided by
ORS 311.505.

(4) ORS 311.370 applies to all taxes levied and collected under
subsection (2) of this section, except that any deficiency constitutes a
personal debt against the person subdividing or partitioning the land and
not a lien against the land and must be collected as provided by law for
the collection of personal property taxes.

(5) If a subdivision or partition plat is recorded, any additional
taxes, interest or penalties imposed upon land disqualified for any
special assessment become a lien upon the land on the day before the plat
was recorded. [1965 c.393 §2; 1973 c.696 §17; 1979 c.350 §3; 1981 c.804
§69; 1983 c.462 §1; 1989 c.772 §14; 1991 c.331 §23; 1991 c.459 §336; 1993
c.19 §1; 2005 c.399 §11](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](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 surveyor’s board of commissioners. The subdivision or partition
plat check fee and other expenses must be paid by the subdivider,
partitioner or declarant prior to approval of the subdivision or
partition plat by the designated county surveyor.

(6) Nothing in this section prohibits a city, county or special
district from requiring engineering review and approval of a subdivision
plat to ensure compliance with state and local subdivision requirements
that relate to matters other than survey adequacy.

(7) Granting approval or withholding approval of a final
subdivision or partition plat under this section by the county surveyor,
the county assessor or the governing body of a city or county, or a
designee of the governing body, is not a land use decision or a limited
land use decision, as defined in ORS 197.015. [Amended by 1955 c.31 §2;
1955 c.756 §14; 1957 c.688 §1; 1963 c.285 §1; 1971 c.419 §1; 1979 c.824
§1; 1989 c.772 §15; 1991 c.763 §16; 1993 c.453 §1; 1993 c.702 §6; 1999
c.1018 §6; 2003 c.381 §1; 2005 c.239 §1; 2005 c.399 §12a]Note: Section 3, chapter 239, Oregon Laws 2005, provides:

Sec. 3. The amendments to ORS 92.100 and 197.015 by sections 1 and
2 of this 2005 Act apply to plats submitted after the effective date of
this 2005 Act [June 16, 2005]. [2005 c.239 §3]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] (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]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] (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] 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]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] (1) Any
plat of a subdivision or partition filed and recorded under the
provisions of ORS 92.018 to 92.190 may be amended by an affidavit of
correction:

(a) To show any courses or distances omitted from the subdivision
or partition plat;

(b) To correct an error in any courses or distances shown on the
subdivision or partition plat;

(c) To correct an error in the description of the real property
shown on the subdivision or partition plat; or

(d) To correct any other errors or omissions where the error or
omission is ascertainable from the data shown on the final subdivision or
partition plat as recorded.

(2) Nothing in this section shall be construed to permit changes in
courses or distances for the purpose of redesigning lot or parcel
configurations.

(3) The affidavit of correction shall be prepared by the registered
professional land surveyor who filed the plat of the subdivision or
partition. In the event of the death, disability or retirement from
practice of the surveyor who filed the subdivision or partition plat, the
county surveyor may prepare the affidavit of correction. The affidavit
shall set forth in detail the corrections made and show the names of the
present fee owners of the property materially affected by the correction.
The seal and signature of the registered professional land surveyor
making the correction shall be affixed to the affidavit of correction.

(4) The county surveyor shall certify that the affidavit of
correction has been examined and that the changes shown on the
certificate are permitted under this section.

(5) The surveyor who prepared the affidavit of correction shall
cause the affidavit to be recorded in the office of the county recorder
where the subdivision or partition plat is recorded. The county clerk
shall return the recorded copy of the affidavit to the county surveyor.
The county surveyor shall note the correction and the recorder’s filing
information, with permanent ink, upon any true and exact copies filed in
accordance with ORS 92.120 (3). The corrections and filing information
shall be marked in such a manner so as not to obliterate any portion of
the subdivision or partition plats.

(6) For recording the affidavit in the county deed records, the
county clerk shall collect a fee as provided in ORS 205.320. The county
clerk shall also collect a fee set by the county governing body to be
paid to the county surveyor for services provided under this section.
Corrections or changes shall not be allowed on the original plat once it
is recorded with the county clerk. [1983 c.309 §2; 1989 c.772 §23; 1993
c.702 §8; 1999 c.710 §6; 2001 c.173 §2](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
and other regulated utility purposes without an acceptance from the
governing body having jurisdiction. [1989 c.772 §3; 1997 c.489 §7]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.
Where application is made to the governing body of a city or county for
approval of the creation of lots or parcels which were improperly formed
without the approval of the governing body, the governing body of a city
or county or its designate shall consider and may approve an application
for the creation of lots or parcels notwithstanding that less than all of
the owners of the existing legal lot or parcel have applied for the
approval. [1993 c.436 §2; 1995 c.595 §14]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.
(1) The governing body of a county may approve an application requesting
formation of one parcel if the county issued a land use decision
approving the parcel prior to January 1, 1994, and:

(a) A plat implementing the previous land use decision was not
recorded; or

(b) A condition of approval of the previously approved land use
decision requiring consolidation of adjacent lots or parcels was not
complied with by a previous owner of the land.

(2) An application under this section is not subject to ORS 215.780.

(3) Approval of an application under this section does not affect
the legal status of land that is not the subject of the application.

(4) As used in this section:

(a) “Lot” has the meaning given the term in ORS 92.010.

(b) “Parcel” has the meaning given the term in ORS 92.010. [2005
c.240 §1]Note: 92.178 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 92 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
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 (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]The act of replatting shall allow
the reconfiguration of lots or parcels and public easements within a
recorded plat. Except as provided in subsection (5) of this section, upon
approval by the reviewing agency or body as defined in ORS 92.180,
replats will act to vacate the platted lots or parcels and easements
within the replat area with the following conditions:

(1) A replat, as defined in ORS 92.010 shall apply only to a
recorded plat.

(2) Notice shall be provided as described in ORS 92.225 (4) when
the replat is replatting all of an undeveloped subdivision as defined in
ORS 92.225.

(3) Notice, consistent with the governing body of a city or county
approval of a tentative plan of a subdivision plat, shall be provided by
the governing body to the owners of property adjacent to the exterior
boundaries of the tentative subdivision replat.

(4) When a utility easement is proposed to be realigned, reduced in
width or omitted by a replat, all affected utility companies or public
agencies shall be notified, consistent with a governing body’s notice to
owners of property contiguous to the proposed plat. Any utility company
that desires to maintain an easement subject to vacation under this
section must notify the governing body in writing within 14 days of the
mailing or other service of the notice.

(5) A replat shall not serve to vacate any public street or road.

(6) A replat shall comply with all subdivision provisions of this
chapter and all applicable ordinances and regulations adopted under this
chapter. [1985 c.369 §3; 1991 c.763 §19; 1993 c.702 §9](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 (11), 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]UNDEVELOPED SUBDIVISIONS (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] (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]
(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](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]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]MISCELLANEOUS PROVISIONS 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]OREGON SUBDIVISION AND SERIES PARTITION CONTROL LAW(Generally) The Legislative Assembly
finds that the repeal of ORS 92.500 to 92.810 and 92.990 (2) and (3)
(1973 Replacement Part), by section 23, chapter 1, Oregon Laws 1974
(special session), may cause irreparable damage to the interests of
consumers involved in real estate transactions. It is therefore declared
to be the policy of the State of Oregon that the Attorney General protect
the rights of such real estate purchasers to the greatest extent
practicable through the application of the provisions of ORS 646.605 to
646.652. [1974 c.1 §29; 2005 c.22 §72] (1) Except as provided
in subsection (2) of this section, no person shall sell or lease any
subdivided lands or series partitioned lands without having complied with
all the applicable provisions of ORS 92.305 to 92.495.

(2) With respect to a developer, chapter 643, Oregon Laws 1975,
applies only to a developer who acquires a lot, parcel or interest in a
subdivision or series partition for which a public report has been issued
after September 13, 1975, and a developer who acquires a lot or parcel in
a subdivision for which a revised public report has been issued under ORS
92.410.

(3) Except as otherwise provided in paragraph (g) of this
subsection, ORS 92.305 to 92.495 do not apply to the sale or leasing of:

(a) Apartments or similar space within an apartment building;

(b) Cemetery lots, parcels or units in Oregon;

(c) Subdivided lands and series partitioned lands in Oregon that
are not in unit ownership or being developed as unit ownerships created
under ORS chapter 100, to be used for residential purposes and that
qualify under ORS 92.337;

(d) Property submitted to the provisions of ORS chapter 100;

(e) Subdivided lands and series partitioned lands in Oregon
expressly zoned for and limited in use to nonresidential industrial or
nonresidential commercial purposes;

(f) Lands in this state sold by lots or parcels of not less than
160 acres each;

(g) Timeshares regulated or otherwise exempt under ORS 94.803 and
94.807 to 94.945;

(h) Subdivided and series partitioned lands in a city or county
which, at the time tentative approval of a subdivision plat and each
partition map for those lands is given under ORS 92.040 or an ordinance
adopted under ORS 92.046, has a comprehensive plan and implementing
ordinances that have been acknowledged under ORS 197.251. The subdivider
or series partitioner of such lands shall comply with ORS 92.425, 92.427,
92.430, 92.433, 92.460 and 92.485 in the sale or leasing of such lands; or

(i) Mobile home or manufactured dwelling parks, as defined in ORS
446.003, located in Oregon. [1974 c.1 §2a; 1975 c.643 §19; 1977 c.484
§31; 1977 c.809 §2a; 1979 c.242 §1; 1983 c.530 §47; 1983 c.570 §8; 1985
c.371 §1; 1987 c.414 §144a; 1991 c.763 §22; 2005 c.22 §73]Note: Legislative Counsel has substituted “chapter 643, Oregon Laws
1975,” for the words “this 1975 Act” in section 19, chapter 643, Oregon
Laws 1975, which amended 92.325. Specific ORS references have not been
substituted, pursuant to 173.160. These sections may be determined by
referring to the 1975 Comparative Section Table located in Volume 20 of
ORS.
(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]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](Filing Requirements) (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 (15) and (16), 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 (6) and (7), 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] (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](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] (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](Examination of Subdivision and Series Partition; Public Report)(1) The Real Estate Commissioner may make an examination of any
subdivision or series partition subject to ORS 92.305 to 92.495 to be
offered for sale or lease and may make a public report of the
commissioner’s findings. If a subdivision or series partition is located
within this state and if no report is made within 45 days after
examination of the subdivision or series partition, the report shall be
deemed waived.

(2) The commissioner may waive an examination of a real estate
subdivision located in another state only when that state has an existing
subdivision law which provides for the examination of and a public report
on the real estate subdivision and only where that state will waive
examination of a real estate subdivision or series partition located
within this state and will accept in lieu thereof a report prepared by
the commissioner under subsection (1) of this section. [1974 c.1 §8; 1975
c.643 §6; 1983 c.570 §15]With respect to any subdivision or series partition
within this state, if, after examination of the preliminary notice of
intention required by ORS 92.345 or the reply to the Real Estate
Commissioner’s request for further information, the commissioner
concludes that the sale or lease of any portion of such subdivision or
series partition would be reasonably certain not to involve any
misrepresentation, deceit or fraud, the commissioner shall waive all of
the provisions of ORS 92.305 to 92.495, except ORS 92.475 to 92.495 and
92.990 (2), which the commissioner considers unnecessary for the
protection of the public from fraud, deceit or misrepresentation. The
commissioner shall notify the subdivider or series partitioner within 15
days of receipt of the preliminary notice of intention of the approval or
disapproval of any waiver. However, the commissioner may, for good and
sufficient cause, revoke any waiver at any time upon 10 days’ notice and
a hearing held for such purpose. [1974 c.1 §9; 1983 c.570 §16](1) Unless the making of a public report has
been waived, a person may not sell or lease a lot, parcel or interest in
a subdivision or series partition prior to the issuance of the report.

(2) A copy of the public report, when issued, must be given to the
prospective purchaser by the subdivider, series partitioner or developer,
or their agents, 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 their agents, shall take a receipt from the prospective
purchaser or lessee upon delivery of a copy of the Real Estate
Commissioner’s public report, and 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]Note: Section 4, chapter 799, Oregon Laws 2005, provides:

Sec. 4. (1) The amendments to ORS 92.405 and 646.608 by sections 1
to 3 of this 2005 Act apply to violations of ORS 92.405 (1), (2) or (3)
and 646.608 committed on or after the effective date of this 2005 Act
[January 1, 2006].

(2) The amendments to ORS 92.405 and 646.608 by sections 1 to 3 of
this 2005 Act apply to violations of ORS 92.405 (1), (2) or (3) and
646.608 committed before the effective date of this 2005 Act unless, on
the effective date of this 2005 Act, sanctions for the violation have
been reduced to a judgment that is no longer subject to appeal. [2005
c.799 §4](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.When an examination is to be made of subdivided or
series partitioned lands situated in the State of Oregon, or of
subdivided lands situated outside the state which will be offered for
sale or lease within this state, the Real Estate Commissioner, in
addition to the filing fee provided in ORS 92.355, may require the
subdivider or series partitioner to advance payment of an amount
estimated by the commissioner to be the expense incurred in going to and
returning from the location of the project, and an amount estimated to be
necessary to cover the additional expense of such examination, subject to
prior approval of the Oregon Department of Administrative Services and a
report to the Emergency Board prior to adopting the fee and shall be
within the budget authorized by the Legislative Assembly as that budget
may be modified by the Emergency Board. The amounts estimated by the
commissioner, under this section shall be based upon any applicable
limits established and regulated by the Oregon Department of
Administrative Services under ORS 292.220. [1974 c.1 §11; 1975 c.643 §8;
1979 c.242 §6; 1983 c.181 §2; 1983 c.570 §18; 1991 c.703 §2](Requirements for Sale) (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](1) A purchaser
of a lot, parcel or interest in a subdivision or series partition may
cancel, for any reason, any contract, agreement or any evidence of
indebtedness associated with the sale of the lot, parcel or interest in
the subdivision or series partition within three business days from the
date of signing by the purchaser of the first written offer or contract
to purchase.

(2) Cancellation, under subsection (1) of this section, occurs when
the purchaser of a lot, parcel or interest gives written notice to the
seller at the seller’s address. The three business days cancellation
period in subsection (1) of this section does not begin until the seller
provides the purchaser with seller’s address for cancellation purposes.

(3) A notice of cancellation given by a purchaser of a lot, parcel
or interest in a subdivision or series partition need not take a
particular form and is sufficient if it indicates by any form of written
expression the intention of the purchaser not to be bound by the contract
or evidence of indebtedness.

(4) Notice of cancellation, if given by mail, shall be given by
certified mail, return receipt requested, and is effective on the date
that such notice is deposited with the United States Postal Service,
properly addressed and postage prepaid.

(5) Upon receipt of a timely notice of cancellation, the seller
shall immediately return to the purchaser all payments received from the
purchaser. In case of payments made by check, the seller is not required
to return the payment to a purchaser until the check is finally paid as
provided in ORS 74.2130. Upon return of all such payments the purchaser
shall immediately transfer the purchaser’s rights in the lot, parcel or
interest to the seller, not subject to any encumbrance created or
suffered by the purchaser. In the case of cancellation by a purchaser of
any evidence of indebtedness, the purchaser shall return the purchaser’s
copy of the executed evidence of indebtedness to the seller, and the
seller shall cancel the evidence of indebtedness. Any encumbrances
against the purchaser’s interest in the lot, parcel or interest arising
by operation of law from an obligation of the purchaser existing prior to
transfer of the lot, parcel or interest to the purchaser shall be
extinguished by the reconveyance.

(6) An act of a purchaser is not effective to waive the right of
cancellation granted by subsection (1) of this section. A subdivider,
series partitioner or developer may require that a purchaser of a lot,
parcel or interest in a subdivision or series partition execute and
deliver to the subdivider, series partitioner or developer, after the
expiration of the three-day cancellation period, a signed statement
disclaiming any notice of cancellation that may have been made by the
purchaser prior to expiration of the three-day cancellation period for
the offer under subsection (1) of this section, that may have been timely
and properly done under this section and that has not been received by
the subdivider, series partitioner or developer. In case of execution of
any such statement by the purchaser, the statement shall be sufficient to
rescind the notice of cancellation.

(7) This section does not apply to:

(a) The sale of a lot in a subdivision or a parcel in a series
partition that has a residential dwelling upon it at the time of sale;

(b) The sale of a lot in a subdivision or a parcel in a series
partition when, at the time of sale, the seller has contracted with the
purchaser to build a residential dwelling upon the lot or parcel; or

(c) The sale of a lot in a subdivision or a parcel in a series
partition to a person who derives a substantial portion of income from
the development or purchase and sale of real property.

(8) Notwithstanding subsection (7) of this section, this section
applies to a planned community subdivision of manufactured dwellings
created under ORS 92.830 to 92.845. [1975 c.643 §16; 1983 c.570 §20; 2001
c.711 §6; 2003 c.474 §4] (1)
Subject to ORS 92.427 (7), the first written real property sales contract
signed by the purchaser for the sale of a lot, parcel or interest in a
subdivision or series partition shall contain, either upon the first page
of such contract or upon a separate sheet attached to such first page,
the following notice in at least 8-point type:

___________________________________________________________________________
___

                                          NOTICE TO PURCHASER

BY SIGNING THIS AGREEMENT YOU ARE INCURRING A CONTRACTUAL
OBLIGATION TO PURCHASE AN INTEREST IN LAND. HOWEVER, YOU HAVE THREE
BUSINESS DAYS AFTER SIGNING THIS AGREEMENT TO CANCEL THE AGREEMENT BY
WRITTEN NOTICE TO THE SELLER OR THE SELLER’S AGENT AT THE FOLLOWING
ADDRESS:

____________

____________

____________

____________

____________

BEFORE EXECUTING THIS AGREEMENT, OR BEFORE THE THREE-DAY
CANCELLATION PERIOD ENDS, YOU SHOULD DO THE FOLLOWING:

(1) CAREFULLY EXAMINE THE PUBLIC REPORT, IF ANY, ON THE SUBDIVISION
OR SERIES PARTITION AND ANY ACCOMPANYING INFORMATION DELIVERED BY THE
SELLER.

(2) INQUIRE OF YOUR LENDER AS TO WHETHER YOU CAN GET ADEQUATE
FINANCING AT AN ACCEPTABLE INTEREST RATE.

(3) INQUIRE OF THE SELLER AND THE LENDER WHAT THE AMOUNT OF THE
CLOSING COSTS WILL BE.

___________________________________________________________________________
___

(2) A copy of the notice set forth in subsection (1) of this
section shall be given to each purchaser under a contract described in
subsection (1) of this section at the time of or immediately following
the purchaser’s signing of such contract, for the use of the purchaser.
[1975 c.643 §17; 1983 c.570 §21]
(1) A purchaser of a vendor’s interest or a holder of an encumbrance
secured by a vendor’s interest in a land sale contract for which an
escrow has been established pursuant to ORS 92.425 shall deposit in the
escrow any instruments necessary to assure that the contract vendee can
obtain the legal title bargained for upon compliance with the terms and
conditions of the contract.

(2) A subdivider, series partitioner or developer who has sold
lots, parcels or interests in a subdivision or series partition under a
land sale contract shall not dispose of or subsequently encumber the
vendor’s interest therein unless the terms of the instrument of
disposition or the encumbrance provide the means by which the purchaser
or holder of the encumbrance will comply with subsection (1) of this
section. [1977 c.809 §13; 1983 c.570 §22] 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)
(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] 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] 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] 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) (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] (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]SUBDIVISION IN MANUFACTURED DWELLING PARK OR MOBILE HOME PARK

(1) “Declarant” means a person who makes a declaration pursuant to
ORS 92.845.

(2) “Lot” has the meaning given that term in ORS 92.010.

(3) “Manufactured dwelling” has the meaning given that term in ORS
90.100.

(4) “Manufactured dwelling park” and “mobile home park” have the
meanings given those terms in ORS 446.003.

(5) “Person” has the meaning given that term in ORS 92.305. [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. 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.Notwithstanding the standards and procedures established under
ordinances and regulations adopted by the governing body of a city or a
county under ORS 92.044 or 92.048, when application for approval of the
subdivision of a manufactured dwelling park or mobile home park that was
lawfully approved before July 2, 2001, is made under ORS 92.040 to the
governing body of a city or county, the governing body of the city or
county shall approve:

(1) A tentative plan upon receipt and verification of evidence that:

(a) The park is in compliance with the governing body’s standards
for a manufactured dwelling park or a mobile home park or is an approved
nonconforming use. For the purposes of this paragraph, a park is in
compliance if the governing body of the city or county has not issued a
written notice of noncompliance on or before July 2, 2001;

(b) Except as provided in this paragraph, the tentative plan does
not make changes from the approved manufactured dwelling park or mobile
home park development, including but not limited to increasing or
decreasing the number of lots as defined in ORS 446.003 or changing the
external boundary lines or setback requirements. The tentative plan may
provide for a reduction in the number of lots, if the reduction involves
only lots that have never been used for placement of manufactured
dwellings;

(c) The tentative plan restricts the use of lots in the subdivision
to the installation of manufactured dwellings and restricts any other
property in the subdivision to use as common property as defined in ORS
94.550 or for public purposes;

(d) The tentative plan does not contain conditions of approval or
require development agreements except the original conditions of approval
and development agreements contained in the original approval for the
park or conditions required by ORS 92.830 to 92.845; and

(e) The property owners applying for the conversion have signed and
recorded a waiver of the right of remonstrance, in a form approved by the
city or county, for the formation of a local improvement district by a
city or county. A waiver described in this paragraph must be in regard
only to sanitary and storm sewers or water facilities and be operative
only if the city or county determines after a hearing that the absence or
inadequacy of those sewers or facilities is an immediate danger to life,
health or safety. However, a waiver of the right of remonstrance may not
be required of the owner of a lot in a manufactured dwelling park or
mobile home park if the park was served for water, sewer and irrigation
by a private utility company prior to an acquisition of that company by
municipal condemnation commenced prior to January 1, 2003.

(2) A plat in compliance with the applicable requirements of ORS
92.010 to 92.190, 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.(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.(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 a manufactured dwelling park
or a mobile home park for which approval is required under ORS 92.830 to
92.845.

(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 ORS 90.630 (5) 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 ORS 90.630 (5).

(8) Nothing in this section prevents the declarant from terminating
a tenancy in the park in compliance with ORS 90.630, 90.632 and 90.635.
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 (12) or 90.632. [2001 c.711 §4; 2003 c.474
§8; 2005 c.391 §27]Note: See note under 92.830.(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.(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(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


_______________

USA Statutes : oregon