Relating to sales of units of land not lawfully established for conservation purposes.

Conservation land sellers gain lawsuit protections

Buyers of land units not lawfully established can generally sue sellers for money or other court relief. Courts must award reasonable attorney fees to the winning party. Buyers cannot get this relief against counties that acquired the land through foreclosure for unpaid property taxes. A separate bar protects sellers when three conditions apply: the buyer qualifies as a holder under Oregon conservation law; a signed document separately described the unit on or before January 1, 2025; and the deed states a conservation purpose. These purposes include protecting natural, scenic, or open-space values; keeping land available for farming, forestry, recreation, or open space; preserving historic, architectural, archaeological, or cultural features; and protecting natural resources or air or water quality. Later buyers and others acquiring an interest generally cannot seek this relief against the original seller or qualifying conservation buyers. However, the original seller can face a claim if the later acquisition is not for conservation and occurs less than five years after the first qualifying acquisition. Sales of these unlawfully established units to or from qualifying conservation buyers or covered later acquirers are exempt from the Class C misdemeanor rule. Other covered land-division violations carry Class C misdemeanor penalties. Specified real-estate violations, including providing false information or leaving out material facts in covered disclosures, carry Class C felony penalties.