2015 ORS 92.016¹
Sale or negotiation to sell lot or parcel prior to approval of tentative plan

(1) No person shall sell any lot in any subdivision with respect to which approval is required by any ordinance or regulation adopted under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) and 92.048 (Procedure for adoption of regulations under ORS 92.044 and 92.046) 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 (Adoption of standards and procedures governing approval of plats and plans) or 92.046 (Adoption of regulations governing approval of partitioning of land), 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 (Adoption of standards and procedures governing approval of plats and plans) or 92.046 (Adoption of regulations governing approval of partitioning of land), respectively, prior to such approval. [1955 c.756 §24; 1973 c.696 §5; 1974 c.74 §1; 1977 c.809 §5; 1991 c.763 §5; 2003 c.14 §34]

Notes of Decisions

Contractual promise to convey land which violates this sec­tion is unenforceable by seller against purchaser of prop­erty, but enforceable by purchaser against seller if purchaser can otherwise prove breach of contract, to wit, that land sold was unparti­tioned prop­erty and damages were caused by breach of implied promise of lawful parti­tioning. Ogan v. Ellison, 297 Or 25, 682 P2d 760 (1984)

Atty. Gen. Opinions

Effect of county zoning ordinances on approved subdivision plat, (1973) Vol 36, p 702

Notes of Decisions

Due process standards applicable to land use decisions apply to ad­min­is­tra­­tion of subdivision ordinance. Bienz v. City of Dayton, 29 Or App 761, 566 P2d 904 (1977), Sup Ct review denied

Due process require­ments for granting of variances are identical regardless of whether variance is area variance or use variance. Bienz v. City of Dayton, 29 Or App 761, 566 P2d 904 (1977), Sup Ct review denied

Approval of tentative plan under subdivision ordinance is final order reviewable in writ of review pro­ceed­ing. Bienz v. City of Dayton, 29 Or App 761, 566 P2d 904 (1977), Sup Ct review denied

Modifica­tion of sought-after approval of tentative plan must be treated same procedurally as initial applica­tion. Bienz v. City of Dayton, 29 Or App 761, 566 P2d 904 (1977), Sup Ct review denied

Owner of parcel unlawfully conveyed without having been parti­tioned could not unilaterally seek to parti­tion parcel from remainder of original prop­erty remaining in separate ownership. Kilian v. City of West Linn, 88 Or App 242, 744 P2d 1314 (1987)

Under statutes in effect in 1981, parti­tioning of land parcel had effect of vacating pre­vi­ous lot lines unless parti­tion map indicates continued existence of parti­tioned lots. Weyerhaeuser Real Estate Develop­ment Co. v. Polk County, 246 Or App 548, 267 P3d 855 (2011)

Law Review Cita­tions

10 WLJ 398, 399 (1974)

Chapter 92

Atty. Gen. Opinions

Standards county may impose for approval of private roads created in parti­tioning land, (1972) Vol 35, p 1230; effect of county zoning ordinances on approved subdivision plat, (1973) Vol 36, p 702; applica­tion of Fasano v. Bd. of County Commrs., decision, (1974) Vol 36, p 960

Law Review Cita­tions

10 WLJ 394-403 (1974)


1 Legislative Counsel Committee, CHAPTER 92—Subdivisions and Partitions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors092.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 92, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano092.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.