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Bend Cascade View Estates Survey Issues
The State of Oregon, acting through the Department of State Lands (DSL) currently owns three parcels of land near the community of Alfalfa, totaling approximately 200 acres. The land is held for the benefit of the Oregon Common School Fund which provides millions of dollars every year to K-12 public schools.
In 2021, DSL became aware of a potential problem with property boundaries and as a result, in 2022 and in late 2024, DSL completed land surveys of all three parcels. These surveys found that errors were made on the1963 survey when the Bend Cascade View Estates subdivision was laid out. surveys ordered by DSL found that there are instances of encroachments along the western border of state lands.
The surveys have been recorded and can be found on the Deschutes County website at the following locations:
In exploring options to remedy the situation, DSL has found no easy solutions and is pursuing pathways that will take time and collaboration to realize. Unlike a private entity, DSL is subject to legal statutes in the selling of land that must benefit the Common School Fund. This doesn't make a solution impossible, but it may require more patience and partnership.
DSL is interested in working with neighboring buildings or improvements may be encroaching on state-owned lands. If you have any questions or wish to meet with a representative from the department, please contact John Gessner at 541-668-0193 and john.gessner@dsl.oregon.gov to discuss further, or with any questions you may have.
Frequently Asked Questions
The 2022 and 2024 surveys found that the errors made when Cascade View Estates was laid out resulted in multiple Cascade View Estates lots extending onto state land. Additionally, there are a few instances where landowners have improvements such as fences and buildings that extend even further onto state land.
When the Bend Cascade View Estates was created in 1963, the developer had a survey completed to lay out all the lots and roads in the subdivision. Errors made during that survey resulted in lot corner pins and roads being put in incorrect locations, including onto state land. However, from information gathered, it does not seem that the developer, lot owners or DSL was aware of the errors until the recent surveys ordered by DSL brought the errors to light.
The U.S. government owned the properties up until they were patented to Denver V. Good in 1919 under the Homestead Act. The State Land Board provided a loan (i.e. a mortgage) from the Common School Fund to Denver V. Good, which allowed him to acquire the properties. The mortgage was not repaid, and by court decree, the properties were foreclosed on and transferred to the State Land Board in 1924. The properties have been held for the benefit of the Common School Fund ever since.
At statehood through the Admission Act, the federal government granted land to Oregon to provide a source of revenue to fund public K-12 education. DSL calls these lands Constitutional Lands or school lands. Revenue generated from these Constitutional Lands goes to the Common School Fund, and a portion of the Common School Fund is distributed to K-12 schools each year.
A setback is the required distance that structures must be set back from a property line. Per zoning requirements for land zoned RR-10, Deschutes County Code 18.60.035 requires that structures be set back at the rear of RR-10 residential lots by no less than 20 feet from the property line. A link to the county’s website can be found here.
Title insurance is typically obtained by the owner and/or lender when a property is purchased, and may provide coverage to property owners in instances such as this. The level of coverage provided will depend on the type of policy obtained. For this reason,
The recent surveys identified some structures
that are within the property line setbacks required by Deschutes County.
Additionally, multiple lots have constructed fences along the incorrectly
platted property lines, inside DSL lands. Fences on DSL lands will need to be
moved off of DSL land, or other solutions may negotiated with DSL.
, or the Deschutes County Community Planning Department at 541-388-6575.