As used in ORS 92.010 to 92.190, unless the context requires otherwise:
(1) “Declarant” means the person who files a declaration under ORS 92.075.
(2) “Declaration” means the instrument described in ORS 92.075 by which the subdivision or partition plat was created.
(3)(a) “Lawfully established unit of land” means:
(A) A lot or parcel created pursuant to ORS 92.010 to 92.190; or
(B) Another unit of land created:
(i) In compliance with all applicable planning, zoning and subdivision or partition ordinances and regulations; or
(ii) By deed or land sales contract, if there were no applicable planning, zoning or subdivision or partition ordinances or regulations.
(b) “Lawfully established unit of land” does not mean a unit of land created solely to establish a separate tax account.
(4) “Lot” means a single unit of land that is created by a subdivision of land.
(5) “Negotiate” means any activity preliminary to the execution of a binding agreement for the sale of land in a subdivision or partition, including but not limited to advertising, solicitation and promotion of the sale of such land.
(6) “Parcel” means a single unit of land that is created by a partition of land.
(7) “Partition” means either an act of partitioning land or an area or tract of land partitioned.
(8) “Partition land” means to divide land to create not more than three parcels of land within a calendar year, but does not include:
(a) A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots;
(b) An adjustment of a property line by the relocation of a common boundary where an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment complies with any applicable zoning ordinance;
(c) The division of land resulting from the recording of a subdivision or condominium plat;
(d) A sale or grant by a person to a public agency or public body for state highway, county road, city street or other right of way purposes provided that such road or right of way complies with the applicable comprehensive plan and ORS 215.213 (2)(p) to (r) and 215.283 (2)(q) to (s). However, any property divided by the sale or grant of property for state highway, county road, city street or other right of way purposes shall continue to be considered a single unit of land until such time as the property is further subdivided or partitioned; or
(e) A sale or grant by a public agency or public body of excess property resulting from the acquisition of land by the state, a political subdivision or special district for highways, county roads, city streets or other right of way purposes when the sale or grant is part of a property line adjustment incorporating the excess right of way into adjacent property. The property line adjustment shall be approved or disapproved by the applicable local government. If the property line adjustment is approved, it shall be recorded in the deed records of the county where the property is located.
(9) “Partition plat” includes a final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a partition.
(10) “Plat” includes a final subdivision plat, replat or partition plat.
(11) “Property line” means the division line between two units of land.
(12) “Property line adjustment” means the relocation or elimination of a common property line between abutting properties.
(13) “Replat” means the act of platting the lots, parcels and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision.
(14) “Road” or “street” means a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes.
(15) “Sale” or “sell” includes every disposition or transfer of land or an interest or estate therein.
(16) “Subdivide land” means to divide land to create four or more lots within a calendar year.
(17) “Subdivision” means either an act of subdividing land or an area or a tract of land subdivided.
(18) “Subdivision plat” includes a final map and other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.
(19) “Utility easement” means an easement noted on a subdivision plat or partition plat for the purpose of installing or maintaining public or private utility infrastructure for the provision of water, power, heat or telecommunications to the public. [Amended by 1955 c.756 §1; 1973 c.696 §3; 1977 c.809 §4; 1979 c.46 §1; 1985 c.369 §5; 1985 c.717 §1; 1989 c.772 §1; 1991 c.763 §1; 1993 c.702 §1; 1993 c.704 §4; 1995 c.382 §3; 1997 c.268 §1; 2001 c.544 §3; 2005 c.399 §1; 2007 c.652 §1; 2007 c.866 §4]
Section: 92.010 92.012 92.014 92.016 92.017 92.018 92.020 92.025 92.027 92.030 92.040 92.042 92.044 92.046 92.048 NextLast modified: August 7, 2008