Urstadt v. Washington County

PLSS surveys do not create discrete legal parcels but are simply meant to facilitate the description of land for future conveyance.

In 1862, a Public Lands Survey System (PLSS) survey was filed with the General Land Office (GLO), showing Government Lots (GLots) 1 and 2. The subject property includes almost all of GLot 2 and the western portion of GLot 1. Petitioner applied with the county for a Director’s Interpretation that the subject property includes two discrete legal parcels that are available for future development. The county determined that the subject property did not contain multiple discrete legal parcels, and this appeal followed.

In the second assignment of error, petitioner argues the county erred in determining that the 1862 survey did not create discrete legal parcels for development purposes. For the reasons explained in Kuether v. Washington County, ___ Or LUBA ___ (LUBA No 2019-074, Feb 13, 2020), LUBA agrees with the county that the 1862 survey did not create discrete legal parcels and that its purpose was to simply facilitate the description of land for future conveyance. LUBA also agrees with the county that neither the original patent from the federal government nor any subsequent deeds conveyed either of the GLots as separate units of land. The second assignment of error is therefore denied, and the county’s decision is AFFIRMED.