The Oregon House Committee on Agriculture, Land Use, Natural Resources, and Water convened on March 26, 2025, to discuss significant legislative changes regarding land division laws. The primary focus of the meeting was House Bill 3858, which aims to clarify the legality of land parcels that have been retained by property owners after selling portions of their land.
Representative Vicky Breeze Iverson introduced the bill, explaining that many property owners, particularly in rural areas, face challenges due to a recent ruling by the Oregon Land Use Board of Appeals (LUBA). This ruling deemed that if a property owner sold part of their land but did not record a deed for the portion they retained, the remaining land could be considered an illegal lot. This situation has created uncertainty and legal complications for many landowners who have historically not recorded deeds for portions of land they kept.
Legal experts Garrett Stevenson, Wendy Kellington, and Andrew Stamp provided testimony in support of the bill, emphasizing its importance in restoring clarity and legality to land ownership. They argued that the bill would allow property owners to convey their land without the fear of it being deemed illegal, thus preventing potential legal disputes and complications in land use.
The committee also heard concerns from opponents of the bill, who referenced previous LUBA cases. However, supporters maintained that these cases do not apply to the current situation and that HB 3858 serves a critical need for clarity in land use law.
In conclusion, the committee's discussions highlighted the pressing need for legislative action to protect property rights and ensure that landowners can manage their properties without facing legal hurdles. The bill's passage could significantly impact rural communities in Oregon, allowing families to maintain their land and pass it down through generations without legal complications. The committee plans to continue reviewing the bill and its implications in future sessions.