Item 3: Measure 37 Claim (Wiper)

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BALLOT MEASURE 37 (CHAPTER 1, OREGON LAWS 2005; ORS 197.352) CLAIM FOR COMPENSATION CITY OF EUGENE REPORT AND RECOMMENDATION OF THE CITY MANAGER NAME OF CLAIMANT: Charles Wiper, Inc. MAILING ADDRESS: Rohn Roberts and Micheal Reeder Arnold Gallagher Saydack Percell Roberts & Potter PC 800 Willamette Street, Suite 800 Eugene, Oregon 97401 PROPERTY IDENTIFICATION: Assessor’s Map 18-03-18-00, Tax Lot 300 I. SUMMARY OF CLAIM Charles Wiper, Inc. (Claimant) submitted a claim under ORS 197.352 (Ballot Measure 37 (2004)) for compensation for the alleged reduction in fair market value to the property identified on Assessor’s Map 18-03-18-00, as Tax Lot 300. The property consists of approximately 71.6 acres, 20.5 of which are developed for cemetery purposes and known as Rest-Haven Memorial Park (Rest-Haven). The remainder of the subject property is vacant. Claimant seeks waiver of any and all restrictive land use regulations, including: Eugene Code Chapters 6 and 9; the Eugene-Springfield Metropolitan Area General Plan (Metro Plan); all relevant refinement plans, such as the South Hills Study, the TransPlan, and the Eugene- Springfield Metropolitan Area Public Facilities and Services Plan; all relevant land use policies, such as the Housing Dispersal Policy; all relevant studies and reports, such as various Goal 5 studies, the Eugene-Springfield Metropolitan Area Residential Land and Housing Study and the Eugene-Springfield Metropolitan Area Public Facilities Plan Technical Background Report; all implementing regulations and standards, such as the Stormwater Manual; and all restrictions and conditions included in the Conditional Use Permit (CUP) currently applicable to the subject property. Claimant does not identify the specific provisions within these Code chapters, plans or the applicable CUP that give rise to its claim. Claimant alleges that the value of its real property has been diminished by $3,520,000 as the result of application of restrictive land use regulations to the property by the City of Eugene. Claimant contends that $3,270,000 of the total claim is the result of diminution in value of the vacant portion of the property. Claimant also alleges that as a result of the provisions of the CUP currently applicable to the subject property, Claimant has spent over $250,000 in professional services to “obtain land use approvals for cemetery uses on the property.” Claimant believes that these types of expenses will continue as long as the City continues to enforce land use Page 1 of 7