ATR Services et al v. Lane County

In interpreting LCC 13.150(1) consistently with ORS 192.176, “created by sale” does not include a unit of land reconfigured through a property line adjustment.

Petitioners appealed the hearings official’s denial of their application to validate a unit of land (VUL). The subject property was configured as part of a property line adjustment (PLA) in 2001 in which a previous owner changed the property lines of three parcels while maintaining ownership of the parcels. Petitioners purchased the property over a decade later. The planning director determined the property was not a lawfully established unit of land, leading Petitioners to submit the application at issue.

Petitioners argued the hearings official misconstrued the VUL process provided in LCC 13.150(1) as only being available to land created by a sale or foreclosure, and that “sale” should have been interpreted broadly to include property which was “deeded.” Petitioners’ proposed definition would include reconfigurations, such as theirs, created through a PLA. LCC 13.150(1) implements ORS 92.176(1) and must be interpreted consistently with it. Kenagy v. Benton County, 112 Or App 17 (1992). ORS 192.176 provides that a VUL application requires the unit of land to be “created by a sale” and meet other applicable criteria. LUBA explained that by examining the text, context, and legislative history of the statute, “created by sale” requires the transfer of land or interest in land from one to another. ORS 192.76 was intended to protect parcels being sold “without buyer knowledge that the parcel or lot was unlawful,” but in the 2001 PLA there was no buyer to protect. Affirmed.