Interstate Highway Separation of Property - Oregon (Exclusive Farm Use Zone)

bakercoplanner · 2022-01-20T19:01:00Z

OREGON (USA) LAND USE / PROPERTY Good morning, I am trying to determine whether the taking of ROW by the DOT for a interstate highway, that (basically) splits a large contiguous tract in rural Oregon makes this previous discrete parcel into two discrete parcels, in that we can now look at land use opportunities as separate parcels.?ÿ When the taking happened in 1970, (I-84 in Baker County Oregon) the parcels was under single ownership - about 55 acres, with the split it was reduced to 46 acres (about) with 25 acres being on one side of the interstate. Seems like a simple answer, but I can only find statute that tell me a parcel is a parcel, until it is split - and our definition of contiguous indicates that a parcel is NOT contiguous if it is split by an interstate or railway ROW.?ÿ The property is still considered one Tax Lot by our assessor, but has split accounts, as the Interstate separates fire districts - but this is moot (I believe). Hopefully my question makes some sense, am trying to provide the property owner some options for one of the pieces that is of little use to them as the farm/ranch is on the otherside of the freeway and they don't have access. ?ÿ ?ÿ

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Norman_Oklahoma

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Posted by: @jp7191

(9) ??Partitioning land? means dividing land to create not more than three parcels of land within a calendar year

I'm not sure when partitioning, as opposed to subdividing, became a thing in Oregon, but I think that it was later than 1970. And the definition of "subdividing land" in 92.010 contains no reference to takings of right of way.?ÿ So this may not apply to this case.?ÿ

Besides, the way I read that it refers to the taken right of way, not the remainder tracts. Which is stupid..?ÿ?ÿ

Posted : January 26, 2022 5:21 pm

john-putnam

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@jp7191?ÿ

For some reason I thought it was in a different ORS, but that is the one.

Posted : January 26, 2022 8:29 pm

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Interstate Highway Separation of Property - Oregon (Exclusive Farm Use Zone)

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