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Item 2: PH on Bush Measure 37 Claim for Compensation (M37 06-1)
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Item 2: PH on Bush Measure 37 Claim for Compensation (M37 06-1)
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6/9/2010 12:21:02 PM
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11/20/2006
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related to an acceptable waiver, the City Manager is recommending a waiver consistent <br />with that agreement. <br /> <br />Measure 37 generally grants a property owner the right to compensation (or waiver at the <br />option of the government) within two years of enactment of a new regulation if five <br />substantive requirements are met. First, the regulation must constitute a “land use <br />regulation” as that term is defined by Measure 37. Second, the public entity must have <br />enacted a new regulation or enforced a regulation that was in effect prior to the Measure <br />37 effective date (December 2, 2004). Third, the regulation must “restrict the use” of <br />private property. Fourth, the effect of the regulation must cause a reduction in the fair <br />market value of the property. And fifth, the regulation must not fall within one of <br />Measure 37’s five exemptions. <br /> <br />As discussed below, the regulations that are subject of this claim were enacted following <br />the effective date of Measure 37, qualify as land use regulations, effectively restrict <br />previously allowed uses on the property, and reduce the property’s fair market value. <br />Further, the regulations do not fall within one of Measure 37’s five exemptions. <br />Therefore, the claim is valid. <br /> <br /> <br />III. ANALYSIS OF CLAIM <br /> <br /> A. Ownership. <br /> <br />Measure 37 provides for payment of compensation or relief from (waiver of) specific <br />laws for “owners” as that term is defined by the Measure. Ballot Measure 37, Section <br />11(C) defines “owner” as “the present owner of the property or any interest therein.” <br /> <br />Based on the information that is available from the deed submitted by the claimant <br />(warranty deed 9745544) and from Lane County Regional Land Information Database <br />(RLID), the subject lot was acquired by Judith M. Bush and Ronald B. and Bess <br />Blacquiere and recorded on July 8, 1997. The property is currently owned solely by <br />Judith M. Bush. <br /> <br /> B. “Land use regulations.” <br /> <br />Measure 37 requires compensation (or waiver) only for those regulations which <br />constitute “land use regulations” as that term is defined by Measure 37. Measure 37 <br />defines land use regulation, with respect to local governments, as “local government <br />comprehensive plans, zoning ordinances, land division ordinances and transportation <br />ordinances.” <br /> <br />Ms. Bush’s claim is based on sections 9.3050-9.3065 of the Eugene Code, the S-C <br />Chambers Special Area Zone. That zoning ordinance would qualify as a “land use <br /> <br />regulation” under the Measure 37 definition. Although the land use regulations cited <br />include all of the S-C Chambers Special Area Zone provisions, the appraisal submitted <br />with the claim specifically analyzes the impact of the density restrictions on Ms. Bush’s <br />ability to further develop the property. Because the S-C Chambers Special Area Zone <br /> 2 <br /> <br />
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