Landwatch Lane County v. Lane County

Where local governments choose to provide an alternative procedure for property line adjustments, the alternative procedure must include local government approval of some kind. Accordingly, a post-hoc approval process is permissible.

Petitioner appeals a board of county commissioners’ decision approving a forest template dwelling and issuing final notice of a legal lot verification. 

The subject property was zoned as Impacted-Forest Lands (F-2). In 2007, intervenors recorded two property line adjustment deeds and secured preliminary legal lot verifications from the county to ensure the legality of the adjustments. At the time, this verification was preliminary with final verifications available upon the approval of a development permit from the county. In 2010, the county adopted a formal process for adjustments to a property line, requiring approval before the deed recordation. 

After a 2017 conveyance of the subject property, new owners filed for approval of a forest template dwelling. LC 16.211(5)(b) requires the applicant to prove that the proposed dwelling will be developed on land which was lawfully created. To satisfy the requirement, the new owners requested the county’s decision on the forest template application serve as final notice of the 2008 preliminary legal lot verification. Petitioner appeals on the grounds that the subject parcel was not a lawful parcel, and thus not eligible for a development permit. 

On the first assignment of error, petitioner asserts the county erred in determining the subjected parcel is lawful because the county never approved the 2007 property line adjustments. Petitioner further claims that 2007 approval was illegitimate because no formal procedure was created until 2010. LUBA held that while approval is needed, the approval does not need to occur prior to the adjustment deed’s recordation. The first assignment of error was denied. The second and third assignments of error were subsequently denied. AFFIRMED.