Item 4: PH on Lane Plywood Measure 37 Claim

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has provided. Thus, the City should reject LPI's assertion that the date of acquisition for these properties should be the first date of acquisition. For the reasons set forth in the preceding section, the correct date of acquisition for lots 1, 2, 3, 5 and 11 is April 13, 2005, and the correct acquisition date for lot 12 is February 26, 2006. Consequently, the claims made on these lots should be denied, as LPI acquired title to these lots after the effective date of the City's Land Use Code, August 1,2001. 3. Lot 9: Insufficient information to determine date of acquisition. LPI did not provide ariy deeds or other information concerning lot 9. RLID reflects that LPI is the current owner of this lot, but provides no information about when the lot was acquired. B. "Land use regulations." Measure 37 requires compensation (or waiver) only for those regulations which constitute "land use regulations" as that term is defined by Measure 37. Measure 37 and other. state land use laws define differently the phrase "land use regulations." Measure 37 defines land use regulation, with respect to local governments, as "local government comprehensive plans, zoning ordinances, land division ordinances and transportation ordinances." On the other hand, ORS 197.015(11) defines land use regulation as "any local government zoning ordinance, land division ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive plan." This. difference between Measure 37's .definition and the prior statutory definition -i.e., the omission in Measure 37 of the languageunderiined above - is significant.. Existing state law and Measure 37 both include zoning ordinances and land divisiohordinances. ' Measure ,37, however, does not include the' language "or' similar general ordinance establishmgstandards for implementing a comprehensive ' plan." Because Measure 37 omits that language, while including the other language from ORS 197.015(11) relating to zoning ordinances and land division ordinances, a proper interpretation of Measure 37 limits "land use regulation" to zoning ordinances and land division ordinances (in addition to comprehensive plan provisions and transportation ordinances). LPI includes as part of its claim all of Chapter 9 of the Eugene Code and the Metro Plan. Measure 37 defines "land use regulation" to include comprehensive plans, and consequently, to the extent that LPI's claim is based on the Metro Plan, the claim meets this requirement. Measure 37, however, does not define "land use regulation" to include all land use code provisions, but instead, only "zoning ordinances," "land division ordinances" and "transportation ordinances." Most of the regulations in Chapter 9 do not constitute any of those types of ordinances. To the extent that LPI's claim is based on those parts of Chapter 9, the claim lacks merit. C. Enforcement. Measure 37 states that a property owner has a claim if a public entity "enacts or enforces a new land use regulation or enforces a land use regulation enacted prior to the effective date" of Measure 37. With very few exceptions, all of the provisions of Chapter 9 of the Eugene Code Page 5 of9