Item 4: PH on Lane Plywood Measure 37 Claim

Home Browse Search

market value of the property. And fifth, the regulation must not fall within one of Measure 37's five exemptions. As discussed below, many of the regulations that are the subject of this claim are not "land use regulations" as that phrase is defined by Measure 37. Following the passage of Measure 37, none of the regulations have been enforced against claimant's property. Many of the regulations neither "restrict the use of land" as that phrase is used in Measure 37, nor reduce the fair market value of property. Moreover, even the regulations that may, in the abstract, "restrict the use" and "reduce the value" of the property (when compared to an absence of regulation), do not "restrict" or "reduce value," given that the property at the time of acquisition was zoned heavy industrial. Some of the regulations that are the subject of the claim fall within one or more of Measure 37's exemptions, including the exemptions for regulations prohibiting certain public nuisances, regulations adopted to protect the public health and safety, and regulations adopted after the property owner acquired some of the lots that are the subject of this claim. Finally, LPI's own actions in applying for and obtaining a subdivision approval and in recording Covenants, Conditions and Restrictions (CC&Rs) against all of the lots incorporate all of the regulations that are the subject of this claim. As a result, even if the City agreed to not apply the regulations, those regulations would still govern development on the property as a result of the subdivision approval and CC&Rs. In light of the subdivision approval and CC&Rs, the regulations themselves neither restrict the use of property nor reduce its value. III. ANALYSIS OF CLAIM ,A. Ownership. \. Ballot Measure 37 provides for payment of compensation or relief from (waiver of) specific laws. for "owners" as that term is defined by the Measure. Ballot Measure 37, Section 11 (C) defines "owner" as "the present owner of the property, or any interest therein;" LPI 'has asserted claims on 25 parcels of land (lots) within the Pioneer Resources' Business Park.in the City of Eugene. Based on the information that is available, the parcels can be divided into three categories: (1) lots owned continuously by LPI since at least 1980; (2) lots previously owned and sold by LPI, and then reacquired in 2005; (3) one lot owned by LPI for which no date of ownership was provided. 1. Lots 15-24 and 26-33: Appear to have been continuously owned by LPI since various dates between 1964 and 1980. LPI acquired title to lots (or portions of lots) 15 through 24, and 26 through 33, between . October 20, 1964 and November 19, 1980, and appears to have owned these. lots continuously since acquisition. The information submitted by LPI consists of title guarantees for each of the above lots, with deeds attached to support the guarantee documentation. Where more than one deed is identified for one lot, the property at issue generally was described by metes and bounds, and we assume, based on the title guarantees, that some portion of the lot was transferred by each listed deed (the lot numbers were assigned as part of the subdivision and platting of the Pioneer Business Park that was finalized in 1998). Page 2 of9