Item 2: PH on Bush Measure 37 Claim for Compensation (M37 06-1)

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related to an acceptable waiver, the City Manager is recommending a waiver consistent with that agreement. Measure 37 generally grants a property owner the right to compensation (or waiver at the option of the government) within two years of enactment of a new regulation 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 enacted a new regulation or enforced a regulation that was in effect prior to the Measure 37 effective date (December 2, 2004). 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. As discussed below, the regulations that are subject of this claim were enacted following the effective date of Measure 37, qualify as land use regulations, effectively restrict previously allowed uses on the property, and reduce the property’s fair market value. Further, the regulations do not fall within one of Measure 37’s five exemptions. Therefore, the claim is valid. III. ANALYSIS OF CLAIM A. Ownership. 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.” Based on the information that is available from the deed submitted by the claimant (warranty deed 9745544) and from Lane County Regional Land Information Database (RLID), the subject lot was acquired by Judith M. Bush and Ronald B. and Bess Blacquiere and recorded on July 8, 1997. The property is currently owned solely by Judith M. Bush. 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 defines land use regulation, with respect to local governments, as “local government comprehensive plans, zoning ordinances, land division ordinances and transportation ordinances.” Ms. Bush’s claim is based on sections 9.3050-9.3065 of the Eugene Code, the S-C Chambers Special Area Zone. That zoning ordinance would qualify as a “land use regulation” under the Measure 37 definition. Although the land use regulations cited include all of the S-C Chambers Special Area Zone provisions, the appraisal submitted with the claim specifically analyzes the impact of the density restrictions on Ms. Bush’s ability to further develop the property. Because the S-C Chambers Special Area Zone 2