Central Oregon Land Watch opposes House Bill 3858 for land use concerns

The Oregon House Committee on Agriculture, Land Use, Natural Resources, and Water convened on March 26, 2025, to discuss House Bill 3,858, which proposes significant changes to land use laws in the state. The bill aims to recognize a new concept known as "remainder of a lawfully established unit of land," a move that has sparked considerable debate among stakeholders.

Rory Isbell, a staff attorney and director for Central Oregon Land Watch, voiced strong opposition to the bill, arguing that it undermines existing land use policies designed to protect agricultural and forest lands. Isbell emphasized that the bill could lead to increased residential development on these protected lands by validating historic land divisions that do not comply with current regulations. He warned that this could disrupt the integrity of Oregon's land use system, which aims to preserve large blocks of agricultural land.

In contrast, Bill Cluse, a veteran land use attorney, defended the bill, stating that it would provide relief to property owners affected by a recent Land Use Board of Appeals (LUBA) decision. Cluse explained that the bill would recognize lawful property conveyances made before modern land division laws were enacted, thereby helping many landowners who have been adversely impacted by the current legal framework.

The committee's discussions highlighted the tension between protecting Oregon's agricultural heritage and addressing the needs of property owners seeking to develop their land. As the meeting progressed, members acknowledged the complexity of the issues at hand and the potential implications of the proposed legislation.

The committee is expected to continue deliberating on House Bill 3,858, with further testimony and discussions planned in the coming weeks. The outcome of this bill could have lasting effects on land use practices and agricultural preservation in Oregon.