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House Bill 3540—Referred to the Electorate of Oregon by the 2007 Legislative Assembly to be voted on at the Special Election, November 6, 2007. Ballot Title 49 MODIFIES MEASURE 37; CLARIFIES RIGHT TO BUILD HOMES; LIMITS LARGE DEVELOPMENTS; PROTECTS FARMS, FORESTS, GROUNDWATER. RESULT OF “YES” VOTE:“Yes” vote modifies Measure 37; clarifies private landowners’ rights to build homes; extends rights to surviving spouses; limits large developments; protects farmlands, forestlands, groundwater supplies. RESULT OF “NO” VOTE:“No” vote leaves Measure 37 unchanged; allows claims to develop large subdivisions, commercial, industrial projects on lands now reserved for residential, farm and forest uses. SUMMARY:Modifies Measure 37 (2004) to give landowners with Measure 37 claims the right to build homes as compensation for land use restrictions imposed after they acquired their properties. Claimants may build up to three homes if previously allowed when they acquired their properties, four to 10 homes if they can document reductions in property values that justify additional homes, but may not build more than three homes on high-value farmlands, forestlands and groundwater-restricted lands. Allows claimants to transfer homebuilding rights upon sale or transfer of properties; extends rights to surviving spouses. Authorizes future claims based on regulations that restrict residential uses of property or farm, forest practices. Disallows claims for strip malls, mines, other commercial, industrial uses. See Explanatory Statement for more information. ESTIMATE OF FINANCIAL IMPACT:The measure would require one-time state administrative expenditures of $8.7 to $12.5 million to evaluate claims received to date for adherence to measure requirements. In the short term, the measure would require state adminis- trative expenditures of $1 million to $2 million per biennium to evaluate future claims. In the long term, state administrative costs may be reduced as the measure limits the scope of potential future claims. The amount of those potential reductions cannot be determined. Potential state litigation costs cannot be determined. The measure authorizes compensation to landowners. The amount of state expenditures to pay claims for compensation cannot be determined. The measure authorizes establishing a claims review fee for new claims not to exceed the actual and reasonable cost of reviewing a claim. The impact on state revenues cannot be determined. The measure clarifies ongoing claims review processes and is expected to reduce local government claim processing costs from current levels. The amount of these potential reductions cannot be determined. The measure authorizes compensation to landowners. The amount of local government expenditures to pay claims for compensation cannot be determined. The effect of the measure on local government revenues cannot be determined. Text of Measure AN ACT Relating to compensation for loss of value of private real property resulting from land use regulation; creating new provisions; amending ORS 93.040 and 197.352; appropriating money; and providing that this Act shall be referred to the people for their approval or rejection. Be It Enacted by the People of the State of Oregon: SECTION 1.Sections 2, 3 and 5 to 22 of this 2007 Act are added to and made a part of ORS chapter 195. SECTION 1a.ORS 197.352 is added to and made a part of sections 5 to 22 of this 2007 Act. DEFINITIONS SECTION 2.As used in this section and sections 3 and 5 to 22 of this 2007 Act: (1) “Acquisition date” means the date described in section 21 of this 2007 Act. (2) “Claim” means a written demand for compensa- tion filed under: (a) ORS 197.352, as in effect immediately before the effective date of this 2007 Act; or (b) Sections 12 to 14 of this 2007 Act and ORS 197.352, as in effect on and after the effective date of this 2007 Act. (3) “Enacted” means enacted, adopted or amended. (4) “Fair market value” means the value of property as determined under section 21b of this 2007 Act. (5) “Farming practice” has the meaning given that term in ORS 30.930. (6) “Federal law” means: (a) A statute, regulation, order, decree or policy enacted by a federal entity or by a state entity acting under authority delegated by the federal government; (b) A requirement contained in a plan or rule enacted by a compact entity; or (c) A requirement contained in a permit issued by a federal or state agency pursuant to a federal statute or regulation. (7) “File” means to submit a document to a public entity. (8) “Forest practice” has the meaning given that term in ORS 527.620. (9) “Ground water restricted area” means an area designated as a critical ground water area or as a ground water limited area by the Water Resources Department or Water Resources Commission before the effective date of this 2007 Act. (10) “High-value farmland” means: (a) High-value farmland as described in ORS 215.710 that is land in an exclusive farm use zone or a mixed farm and forest zone, except that the dates specified in ORS 215.710 (2), (4) and (6) are the effective date of this 2007 Act. (b) Land west of U.S. Highway 101 that is composed predominantly of the following soils in Class III or IV or composed predominantly of a combination of the soils described in ORS 215.710 (1) and the following soils: (A) Subclassification IIIw, specifically Ettersburg Silt Loam and Croftland Silty Clay Loam; Measure 49 Official 2007 November Special Election Voters’ Pamphlet 7 | State Measures continued September 24, 2018, Meeting - Item 3