Item 6: Lane Plywood Measure 37 Claim

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19. As part of the subdivision process, LPI voluntarily placed Covenants, Conditions and Restrictions (CC&Rs) on the property. These CC&Rs restrict its uses of the property, even in the absence of Chapter 9 of the Eugene Code and even in the absence of the Metro Plan. 20. The CC&Rs place substantial limitations on the uses of the property. Among other provisions, the CC&R’s provide that all governmental enactments, ordinances and regulations are deemed to be part of the CC&Rs, and to the extent that they conflict with any provision, covenant, condition, or restriction of the CC&Rs, such conflicting governmental enactment, ordinance and regulation shall control and the provision, covenant, condition or restriction in conflict with the CC&Rs shall be deemed (a) amended to the extent necessary to bring it into conformity with such enactment, ordinance and regulation while still preserving the intent and spirit of the provision, covenant, condition or restriction; or (b) stricken if an amendment conforming to the governmental enactment, ordinance or restriction is incapable of preserving the intent and spirit of said provision, covenant, condition or restriction. 21. LPI has provided no appraisal or other documentation substantiating that any City “land use regulation”, as that term is defined in Measure 37, has in any way reduced the value of its property. 22. LPI has not made any showing that there has been a restriction on use of its property due to any “land use regulation” as that term is defined in Measure 37. 23. Historic zoning, in place when LPI acquired various parcels, restricted the uses to which the property could be put. LPI’s property historically has been zoned heavy industrial (I-3 and M-3). LPI has not offered any evidence that the zoning or regulations today reduce the value or restrict uses in any significant manner beyond what existed in the 1960s, 1970s and 1980s. 24. Previous uses of the LPI property have included demolition and sanitary landfills, log ponds, a veneer plant, a plywood mill and a log yard. Because of the nature of these uses, significant portions of the site are subject to methane off-gassing, soil/fill instability, and subsidence. OPINION AND CONCLUSIONS OF LAW 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 market value of the property. And fifth, the regulation must not fall within one of Measure 37’s five exemptions. A. Ownership Page 6 of 9