HB 3858
Makes remainder lands created by the lawful carve-out of lands by a recorded instrument into lawful units of land.
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Sign in to take actionPublic sentiment
Support
36%
Oppose
64%
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill clarifies the legal status of ‘remainder lands’ in Oregon. Remainder lands are parcels created when land is legally divided, and previously they might not have been considered fully recognized units of land. This act defines ‘lawfully established unit of land’ more broadly, encompassing lots, parcels, and even the remaining portion of a division after subtracting a separately created unit, as long as the creation complies with relevant planning and zoning regulations. It also clarifies specific terms related to land division and subdivision processes.
Key provisions
- Defines ‘lawfully established unit of land’ to include lots, parcels, and remaining portions of land created through specific subdivision processes.
- Clarifies the definition of ‘partition’ and related terms like ‘partition plat’.
- Outlines specific circumstances under which land division is considered lawful, excluding certain activities like lien foreclosures or adjusting property lines.
- Addresses property line adjustments and their approval process.
- Defines ‘plat’ and ‘replat’ to clarify subdivision and partitioning processes.
- Provides definitions for terms related to land use and development, such as ‘road,’ ‘utility easement,’ and ‘recreational structure.’
- Updates definitions in ORS 215.010 to align with the changes in ORS 92.010.
Who is affected
- Real estate developers
- Landowners
- Local governments (planning and zoning departments)
- Title companies
- Property tax administrators
Sponsors
Official sponsors from legislative records.
Primary sponsors
Vikki Breese-Iverson
Cosponsors
Arguments in favor
Reasons to support this legislation.
Supporters of HB 3858 generally agree that the bill addresses a technical issue created by a recent Land Use Board of Appeals (LUBA) decision, clarifying the meaning of ORS 92.010 and preventing significant injustice in land use laws. By rescuing landowners who were negatively impacted by the Carroll decision, the bill allows them to retain their original acreage without needing to go through the county land division process. Proponents argue that this clarification restores a long-standing rule regarding the transfer of land, ensuring that parcels created before land use regulations existed are recognized as lawful parcels, and brings back a common sense understanding of Oregon's Land Use laws prior to the LUBA case.
Source: Testimony Summaries
Arguments opposed
Reasons to oppose this legislation.
Opponents of House Bill 3858 express concerns that the proposed legislation would undermine Oregon's land use policy by expanding the definition of a "lawfully established unit of land" and abandoning controlling caselaw, rendering the term meaningless. They argue that the bill's language is imprecise and undefined, which could lead to unintended consequences and challenges during development. Additionally, critics contend that HB 3858 would weaken current land use laws, promote sprawl on farm and forest lands, and undermine citizen involvement in the land use process by allowing undefined "remainders" resulting from land partitioning or subdivision.