This is taken directly from the planning department www.co.wasco.or.us/planning/planhome.html
newletter January 2012 with there permission to repost.
Whenever the Planning Department receives a land use application, one of the first steps we have to take is determining the legality of the parcel. Per Section 1.090 of the land use and development ordinance, a parcel is determined to be legal if it was created through one of three ways:
- a duly recorded partition process OR
- a duly recorded subdivision OR
- a deed or sales contract prior to September 4, 1974
September 4, 1974 is the date on which partition laws are recognized to have come into effect throughout Wasco County. Any parcels created by deed or sales contract before this date are considered grandfathered in to the current land use system. Unfortunately, we frequently come across properties that were created illegally -- typically in the late 1970s or early 1980s -- when the county's land use laws were still relatively new.
Take, for example, a farmer in 1977 who owns 400 acres and decides to deed several 30 acre portions of the property to family members without going through the required partition process. Today, the people who own those 30 acre parcels cannot develop their property because their property was not legally created. They cannot build, renovate or replace any structures on the property.
So what can you do if you own property that may have been created illegally?
The state legislature attempted to offer relief to people caught in this unfortunate situation via House Bill 2723, which went into effect on January 1, 2008. House Bill 2723 essentially allows you to trace an illegal property back in time to the date it was created and examine the zoning at that time to determine if it could have been created legally through the county's process.
Unfortunately, the HB 2723 process does not work for all illegal properties, and even when it works it can be cumbersome. Most importantly, do your due diligence before purchasing or transferring property. Check with the title company to make sure there's a deed for the property recorded before September 4, 1974 AND the legal description matches exactly the legal description on the current deed. If no such deed exists, check with the Planning Department and confirm a recorded partition or subdivision created the parcel legally.
Nanette Wimmers & Becky Schertenleib
















