Laserfiche WebLink
(1) <br />(a) <br />(b) <br />(c) <br />(d) <br />(2) <br />2017 ORS 195.310¹ <br />Claim for compensation <br />• calculation of reduction in fair market value <br />• highest and best use of restricted property <br />• status of use authorized <br />A person may file a claim for just compensation under ORS 195.305 <br />(Compensation for restriction of use of real property due to land use regulation) <br />and 195.310 (Claim for compensation) to 195.314 (Notice of claim) after June 28, <br />2007, if: <br />The person is an owner of the property and all owners of the property have <br />consented in writing to the filing of the claim; <br />The person’s desired use of the property is a residential use or a farming or <br />forest practice; <br />The person’s desired use of the property is restricted by one or more land use <br />regulations enacted after January 1, 2007; and <br />The enactment of one or more land use regulations after January 1, 2007, <br />other than land use regulations described in ORS 195.305 (Compensation for <br />restriction of use of real property due to land use regulation) (3), has reduced <br />the fair market value of the property. <br />For purposes of subsection (1) of this section, except as provided in subsection (4) <br />of this section, the reduction in the fair market value of the property caused by the <br />enactment of one or more land use regulations that are the basis for the claim is <br />equal to the decrease, if any, in the fair market value of the property from the date <br />that is one year before the enactment of the land use regulation to the date that is <br />one year after the enactment, plus interest. If the claim is based on the enactment <br />of more than one land use regulation enacted on different dates, the reduction in <br />the fair market value of the property caused by each regulation shall be determined <br />separately and the values added together to calculate the total reduction in fair <br />market value. Interest shall be computed under this subsection using the average <br />Page 1 of 4ORS 195.310 - Claim for compensation - 2017 Oregon Revised Statutes <br />7/20/2018https://www.oregonlaws.org/ors/195.310 <br />September 24, 2018, Meeting - Item 3