Law would clear up illegal lots

Mail Tribune (Medford, OR — Wayback)

2018-07-08

Document text

In 1993, Glenn Archambault bought 20 acres in rural Phoenix with stunning views, a picturesque old barn and what he thought was a clean real estate record. Less than 12 hours after his purchase, he discovered a gas pipeline would be built through his property, but that was just the beginning of his troubles. He ultimately realized that his land hadn't been subdivided legally in 1977. "There is so much baggage with this property that it is unbelievable," said Archambault. "I would not wish this on my worst enemy." Archambault said his barn, built in the 1930s, sits on a lot that was not legally created, so he can't get a permit to bring electricity to it. Over the years, the 54-year-old sheep rancher has tried to settle matters in the courts but lost. His problems are not unique. Archambault's land is one of perhaps hundreds of parcels in Jackson County that may have been illegally created since the 1970s, according to County Surveyor Roger Roberts. Those land divisions occurred when property owners decided to divide their property, but didn't follow through with the appropriate legal paperwork. Now the Legislature is expected to pass House Bill 2723, which would give cities and counties the authority to clear up illegal lots statewide. The bill, which has cleared the House and is expected to receive Senate approval, was crafted with people like Archambault in mind. "Glenn is one of the most visible cases of people who get trapped in the illegal partition bind," said Rep. Peter Buckley, who co-sponsored the House bill. The Ashland Democrat said the legislation would provide some recourse to people who bought property in good faith but didn't have any indication the parcels were created improperly. "It shocked me that a title company wouldn't have some responsibility to determine that someone didn't have legal title," said Buckley. He's hoping that title companies and local governments do a better job in the future of informing real estate buyers about the problem. "It really is the county's responsibility to make sure the property on their books is legal," he said. "Too many buyers have fallen into the situation where they purchased properties and buildings that they thought were perfectly legal, but they were not." The measure would not allow approval of such lots if the land transfer was made between family members or business associates. Jackson County Commissioner Jack Walker welcomed the legislation because it would provide a method for property owners to make their lots legal. He blamed the Legislature for creating laws in the 1980s that blocked counties from correcting such problems. Walker also expressed concern about how much time county workers who do planning, tax assessment and surveying would have to spend to correct the problem lots. "This is fine, but don't tie us with high costs and expenses because of a screw up you (state officials) made in the first place," he said. Archambault said he made an extra effort to determine whether there was anything wrong with his property before he purchased it. He said he hired a real estate attorney and met with county planning officials. On their assurances, he bought the two parcels. About 12 hours after the purchase, he noticed some surveyor's stakes in the field next to his driveway. A neighbor told him a natural gas pipeline would be going through the property, which led to a lengthy dispute with Pacific Gas Transmission Co. over easements. Later county officials told him that a mobile home on his property near his house was an illegal structure and would have to be removed. "That made us realize there are some serious things wrong here," he said. As the current owner of the property, Archambault said it is up to him to clear up the problems even though he didn't create them. "I am now held responsible, they are not," he said, referring to previous property owners. He likened his problems to the situations of many Measure 37 property owners who are trying to correct zoning changes made without their approval. "We're trying to go back in time and fix things," he said. Archambault purchased the property for $280,000. When asked if he could sell it knowing it wasn't created legally, he said, "If I want to break the law." Reach reporter Damian Mann at 776-4476 or [email protected].