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(1) <br />(2) <br />(3) <br />(a) <br />(b) <br />(c) <br />(d) <br />(e) <br />(f) <br />(4) <br />2017 ORS 195.305¹ <br />Compensation for restriction of use of real <br />property due to land use regulation <br />If a public entity enacts one or more land use regulations that restrict the residential <br />use of private real property or a farming or forest practice and that reduce the fair <br />market value of the property, then the owner of the property shall be entitled to just <br />compensation from the public entity that enacted the land use regulation or <br />regulations as provided in ORS 195.310 (Claim for compensation) to 195.314 <br />(Notice of claim). <br />Just compensation under ORS 195.310 (Claim for compensation) to 195.314 <br />(Notice of claim) shall be based on the reduction in the fair market value of the <br />property resulting from the land use regulation. <br />Subsection (1) of this section shall not apply to land use regulations that were <br />enacted prior to the claimant’s acquisition date or to land use regulations: <br />That restrict or prohibit activities commonly and historically recognized as <br />public nuisances under common law; <br />That restrict or prohibit activities for the protection of public health and safety; <br />To the extent the land use regulations are required to comply with federal law; <br />That restrict or prohibit the use of a property for the purpose of selling <br />pornography or performing nude dancing; <br />That plan and rezone land to an industrial zoning classification for inclusion <br />within an urban growth boundary; or <br />That plan and rezone land within an urban growth boundary to an industrial <br />zoning classification. <br />(a) Subsection (3)(a) of this section shall be construed narrowly in favor of granting <br />just compensation under this section. Nothing in subsection (3) of this section is <br />intended to affect or alter rights provided by the Oregon or United States <br />Constitution. <br />Page 1 of 3ORS 195.305 - Compensation for restriction of use of real property due to land use regula... <br />7/20/2018https://www.oregonlaws.org/ors/195.305 <br />Attachment A <br />September 24, 2018, Meeting - Item 3