Lane Board: no more property line adjustments without review
December 10th, 2009 by Jim JustLane County will at long last be reviewing and approving property line adjustments.
That’s the effect of amendments to Lane Code Chapter 13 – amendments which have long been pushed for by LandWatch Lane County and Goal One Coalition.
The Lane County Board of Commissioners approved the revisions by a unanimous 5-0 vote at its afternoon meeting on Wednesday, December 9.
Lane County’s historic “hands off” approach to property line adjustments has long allowed for developers to find tiny “lots”, often created when road construction sliced through properties, leaving new “lots” on each side. Speculators buy up the land; reconfigure the property lines by simply recording deeds; obtain “legal lot verifications” for the reconfigured properties; and then sell off the developable parcels at a hefty profit. All this happened without public notice, any opportunity for public comment or participation, adequate county review, or any way to challenge the result.
A Court of Appeals decision (Phillips v. Polk County) and the passage of two bills in the 2007 and 2008 legislative sessions ( HB 2723, dealing with retroactive unit of land validations; and HB 3629, dealing with property line adjustments) made it obvious to everyone – including the development community – that Lane County’s practices failed to comply with state law, putting Lane County property owners in an untenable position.
In the spring of 2009, the Board of Commissioners directed the Land Management Division (LMD) to initiate the post-acknowledgment plan amendment (PAPA) process to adopt the code changes drafted by LandWatch and Goal One Coalition. Following a joint public hearing before the Board and Planning Commission, the Board directed LMD to call together a work group composed of land use advocates, surveyors, and the development community to see if a consensus proposal could be achieved. The Planning Commission recommended approval of the draft resulting from that effort, and with formal Board approval the new provisions will now become the law of the land.