Item 4: PH on Lane Plywood Measure 37 Claim

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ATTACHMENT A BALLOT MEASURE 37 (CHAPTER 1, OREGON LAWS 2005) CLAIM FOR COMPENSATION CITY OF EUGENE REPORT AND RECOMMENDATION OF THE CITY MANAGER NAME OF CLAIMANT: Lane Plywood, Inc. MAILING ADDRESS: Donald Joe Willis, Esq. Schwabe, Williamson & Wyatt 1211 SW 5th Avenue, Suite 1900 Portland, Oregon 97204 PROPERTY IDENTIFICATION: Lots 1, 2, 3, 5, 9, 11, 12, 15-23, 24, 26-33 of Pioneer Resources Business Park in the City of Eugene I. SUMMARY OF CLAIM Lane Plywood, Inc. (LPI) submitted a claim under Ballot Measure 37 for compensation for the alleged reduction in fair market value to a number of lots located in Pioneer Resources Business Park. In its original claim, LPI claimed that it intended to use the lots for "commercial development and for the placement of billboards." LPI amended its claim to assert that it intends to use the property for "all forms of industrial, commercial, residential, signage, and mixed use, in addition to the commercial uses and placement of billboards described in the original claim." LPI claims that the value of its real property has been diminished in the range of $5 million as a result of amendments to the Eugene Land Use Code and Eugene-Springfield Metro Area Plan (Metro Plan). LPI essentially alleges that any land use provision enacted after it acquired these lots has the effect of restricting use and thereby diminishing the fair market value of the property, and so it seeks compensation or waiver of regulations under Measure 37. II. SUMMARY OF CITY MANAGER RECOMMENDATION Based on the analysis set forth in section III below, the City Manager has concluded that LPI's claim is invalid and should be denied. Measure 37 generally grants a property owner the right to compensation (or waiver at the option of the government) for a regulation that existed as of the effective date of Measure 37 (December 2, 2004) if five substantive. requirements are met. First, the regulation must constitute a "land use regulation" as that term is defined by Measure 37. Second, the public entity must have enforced the regulation in some manner. Third, the regulation must "restrict the use" of private property. Fourth, the effect of the regulation must cause a reduction in the fair Page 1 of9