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(19) “Public entity” means the state, Metro, a county
<br />or a city.
<br />(20) “Urban growth boundary” has the meaning given
<br />that term in ORS 195.060.
<br />(21) “Waive” or “waiver” means an action or decision
<br />of a public entity to modify, remove or not apply one or
<br />more land use regulations under sections 5 to 22 of this
<br />2007 Act or ORS 197.352, as in effect immediately
<br />before the effective date of this 2007 Act, to allow the
<br />owner to use property for a use permitted when the
<br />owner acquired the property.
<br />(22) “Zoned for residential use” means zoning that
<br />has as its primary purpose single-family residential use.
<br />LEGISLATIVE POLICY
<br />ON FAIRNESS TO PROPERTY OWNERS
<br />SECTION 3.(1) The Legislative Assembly finds that:
<br />(a) In some situations, land use regulations unfairly
<br />burden particular property owners.
<br />(b) To address these situations, it is necessary to
<br />amend Oregon’s land use statutes to provide just
<br />compensation for unfair burdens caused by land use
<br />regulations.
<br />(2) The purpose of sections 5 to 22 of this 2007 Act
<br />and the amendments to Ballot Measure 37 (2004) is to
<br />modify Ballot Measure 37 (2004) to ensure that Oregon
<br />law provides just compensation for unfair burdens
<br />while retaining Oregon’s protections for farm and forest
<br />uses and the state’s water resources.
<br />BALLOT MEASURE 37
<br />SECTION 4.ORS 197.352 is amended to read:
<br />197.352. [The following provisions are added to and made a
<br />part of ORS chapter 197:]
<br />(1) If a public entity enacts [or enforces a new land use
<br />regulation or enforces a land use regulation enacted prior to
<br />December 2, 2004, that restricts] one or more land use
<br />regulations that restrict the residential use of private real
<br />property or [any interest therein] a farming or forest
<br />practice and [has the effect of reducing] that reduce the fair
<br />market value of the property, [or any interest therein,] then the
<br />owner of the property shall be [paid just compensation]
<br />entitled to just compensation from the public entity
<br />that enacted the land use regulation or regulations as
<br />provided in sections 12 to 14 of this 2007 Act.
<br />(2) Just compensation under sections 12 to 14 of this
<br />2007 Act shall be [equal to] based on the reduction in the fair
<br />market value of the [affected] property [interest] resulting from
<br />[enactment or enforcement of] the land use regulation [as of
<br />the date the owner makes written demand for compensation
<br />under this section].
<br />(3) Subsection (1) of this section shall not apply to land use
<br />regulations that were enacted prior to the claimant’s
<br />acquisition date or to land use regulations:
<br />[(A)] (a)Restricting or prohibiting activities commonly and
<br />historically recognized as public nuisances under common
<br />law[. This subsection shall be construed narrowly in favor of a
<br />finding of compensation under this section];
<br />[(B)] (b)Restricting or prohibiting activities for the protection
<br />of public health and safety[, such as fire and building codes,
<br />health and sanitation regulations, solid or hazardous waste
<br />regulations, and pollution control regulations];
<br />[(C)] (c)To the extent the land use regulation is required to
<br />comply with federal law; or
<br />[(D)] (d)Restricting or prohibiting the use of a property for
<br />the purpose of selling pornography or performing nude
<br />dancing. [Nothing in this subsection, however, is intended to
<br />affect or alter rights provided by the Oregon or United States
<br />Constitutions; or]
<br />[(E) Enacted prior to the date of acquisition of the property by
<br />the owner or a family member of the owner who owned the
<br />subject property prior to acquisition or inheritance by the
<br />owner, whichever occurred first.]
<br />[(4) Just compensation under subsection (1) of this section
<br />shall be due the owner of the property if the land use regulation
<br />continues to be enforced against the property 180 days after the
<br />owner of the property makes written demand for compensation
<br />under this section to the public entity enacting or enforcing the
<br />land use regulation.]
<br />[(5) For claims arising from land use regulations enacted
<br />prior to December 2, 2004, written demand for compensation
<br />under subsection (4) shall be made within two years of
<br />December 2, 2004, or the date the public entity applies the land
<br />use regulation as an approval criteria to an application
<br />submitted by the owner of the property, whichever is later.
<br />For claims arising from land use regulations enacted after
<br />December 2, 2004, written demand for compensation under
<br />subsection (4) shall be made within two years of the enactment
<br />of the land use regulation, or the date the owner of the property
<br />submits a land use application in which the land use regulation
<br />is an approval criteria, whichever is later.]
<br />[(6) If a land use regulation continues to apply to the
<br />subject property more than 180 days after the present owner
<br />of the property has made written demand for compensation
<br />under this section, the present owner of the property, or any
<br />interest therein, shall have a cause of action for compensation
<br />under this section in the circuit court in which the real
<br />property is located, and the present owner of the real property
<br />shall be entitled to reasonable attorney fees, expenses, costs,
<br />and other disbursements reasonably incurred to collect the
<br />compensation.]
<br />(4)(a) Subsection (3)(a) of this section shall be
<br />construed narrowly in favor of granting just compensa-
<br />tion under this section. Nothing in subsection (3) of
<br />this section is intended to affect or alter rights provided
<br />by the Oregon or United States Constitution.
<br />(b) Subsection (3)(b) of this section does not apply to
<br />any farming or forest practice regulation that is enacted
<br />after January 1, 2007, unless the primary purpose of the
<br />regulation is the protection of human health and safety.
<br />(c) Subsection (3)(c) of this section does not apply to
<br />any farming or forest practice regulation that is enacted
<br />after January 1, 2007, unless the public entity enacting
<br />the regulation has no discretion under federal law to
<br />decline to enact the regulation.
<br />[(7)] (5)A [metropolitan service district, city, or county, or
<br />state agency] public entity may adopt or apply procedures for
<br />the processing of claims under [this section, but in no event
<br />shall these procedures act as a prerequisite to the filing of a
<br />compensation claim under subsection (6) of this section, nor
<br />shall the failure of an owner of property to file an application for
<br />a land use permit with the local government serve as grounds
<br />for dismissal, abatement, or delay of a compensation claim
<br />under subsection (6) of this section] sections 12 to 24 of this
<br />2007 Act.
<br />[(8)] (6)[Notwithstanding any other state statute or the
<br />availability of funds under subsection (10) of this section, in lieu
<br />of payment of just compensation under this section, the
<br />governing body responsible for enacting] The public entity
<br />that enacted the land use regulation [may modify, remove, or
<br />not to apply the land use regulation or land use regulations to
<br />allow the owner to use the property for a use permitted at the
<br />time the owner acquired the property] that gives rise to a
<br />Measure 49
<br />Official 2007 November Special Election Voters’ Pamphlet
<br />9 | State Measures
<br />continued September 24, 2018, Meeting - Item 3
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