2015 ORS 92.375¹
Consent to service of process on commissioner

(1) Every nonresident subdivider or series partitioner, at the time of filing the notice of intention and information required by ORS 92.345 (Notice of intention) and 92.355 (Commissioner may request further information), 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 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order), 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]

Notes of Decisions

Parcel of land is subject to this law even though intersected by road. State v. Emmich, 34 Or App 945, 580 P2d 570 (1978)

Imposi­tion of greater sen­tence for viola­tion of Subdivision Control Law than those imposed for viola­tions of ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.090 (Approval of subdivision plat names) and 92.100 (Approval of plat by city or county surveyor) to 92.160 (Notice to Real Estate Commissioner of receipt of subdivision plat) did not violate equal protec­tion. State v. Baker, 48 Or App 999, 618 P2d 997 (1980)

Seller of real prop­erty could not seek to void transac­tion as it was not within class of per­sons these pro­vi­sions seek to protect. Seal v. Polehn, 52 Or App 389, 628 P2d 746 (1981), Sup Ct review denied

Law Review Cita­tions

16 WLR 293 (1979)

§§ 92.210 to 92.390

Atty. Gen. Opinions

Status of subdivisions approved or in process of applica­tion pursuant to ORS 92.210 to 92.390 under 1973, c. 421, (1973) Vol 36, p 595

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.