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claim under subsection (1) of this section shall provide
<br />just compensation as required under sections 12 to 24
<br />of this 2007 Act.
<br />[(9)] (7)A decision by a [governing body under this section
<br />shall not be considered a] public entity that an owner
<br />qualifies for just compensation under sections 5 to 22
<br />of this 2007 Act and a decision by a public entity on the
<br />nature and extent of that compensation are not land use
<br />[decision as defined in ORS 197.015 (11)] decisions.
<br />[(10) Claims made under this section shall be paid from
<br />funds, if any, specifically allocated by the legislature, city,
<br />county, or metropolitan service district for payment of claims
<br />under this section. Notwithstanding the availability of funds
<br />under this subsection, a metropolitan service district, city,
<br />county, or state agency shall have discretion to use available
<br />funds to pay claims or to modify, remove, or not apply a land
<br />use regulation or land use regulations pursuant to subsection
<br />(6) of this section. If a claim has not been paid within two years
<br />from the date on which it accrues, the owner shall be allowed to
<br />use the property as permitted at the time the owner acquired
<br />the property.]
<br />[(11) Definitions - for purposes of this section:]
<br />[(A) “Family member” shall include the wife, husband, son,
<br />daughter, mother, father, brother, brother-in-law, sister,
<br />sister-in-law, son-in-law, daughter-in-law, mother-in-law,
<br />father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild,
<br />grandparent, or grandchild of the owner of the property, an
<br />estate of any of the foregoing family members, or a legal entity
<br />owned by any one or combination of these family members or
<br />the owner of the property.]
<br />[(B) “Land use regulation” shall include:]
<br />[(i) Any statute regulating the use of land or any interest
<br />therein;]
<br />[(ii) Administrative rules and goals of the Land Conservation
<br />and Development Commission;]
<br />[(iii) Local government comprehensive plans, zoning
<br />ordinances, land division ordinances, and transportation
<br />ordinances;]
<br />[(iv) Metropolitan service district regional framework plans,
<br />functional plans, planning goals and objectives; and]
<br />[(v) Statutes and administrative rules regulating farming and
<br />forest practices.]
<br />[(C) “Owner” is the present owner of the property, or any
<br />interest therein.]
<br />[(D) “Public entity” shall include the state, a metropolitan
<br />service district, a city, or a county.]
<br />[(12)] (8)The [remedy] remedies created by [this section is]
<br />sections 5 to 22 of this 2007 Act are in addition to any
<br />other remedy under the Oregon or United States
<br />[Constitutions] Constitution, and [is] are not intended to
<br />modify or replace any [other] constitutional remedy.
<br />[(13)] (9)If any portion or portions of this section are declared
<br />invalid by a court of competent jurisdiction, the remaining
<br />portions of this section shall remain in full force and effect.
<br />BALLOT MEASURE 37 CLAIMS MADE
<br />ON OR BEFORE THE DATE OF ADJOURNMENT
<br />SINE DIE OF THE 2007 REGULAR SESSION
<br />OF THE SEVENTY-FOURTH LEGISLATIVE ASSEMBLY
<br />(Generally)
<br />SECTION 5.A claimant that filed a claim under
<br />ORS 197.352 on or before the date of adjournment sine
<br />die of the 2007 regular session of the Seventy-fourth
<br />Legislative Assembly is entitled to just compensation as
<br />provided in:
<br />(1) Section 6 or 7 of this 2007 Act, at the claimant’s
<br />election, if the property described in the claim is located
<br />entirely outside any urban growth boundary and entirely
<br />outside the boundaries of any city;
<br />(2) Section 9 of this 2007 Act if the property described
<br />in the claim is located, in whole or in part, within an
<br />urban growth boundary; or
<br />(3) A waiver issued before the effective date of this
<br />2007 Act to the extent that the claimant’s use of the
<br />property complies with the waiver and the claimant has
<br />a common law vested right on the effective date of this
<br />2007 Act to complete and continue the use described in
<br />the waiver.
<br />(Claims Relating to Property
<br />Outside Urban Growth Boundaries)
<br />SECTION 6.(1) A claimant that filed a claim under
<br />ORS 197.352 on or before the date of adjournment sine
<br />die of the 2007 regular session of the Seventy-fourth
<br />Legislative Assembly is eligible for three home site
<br />approvals on the property if the requirements of this
<br />section and sections 8 and 11 of this 2007 Act are met.
<br />The procedure for obtaining home site approvals under
<br />this section is set forth in section 8 of this 2007 Act.
<br />(2) The number of lots, parcels or dwellings that may
<br />be approved for property under this section may not
<br />exceed the lesser of:
<br />(a) The number of lots, parcels or dwellings described
<br />in a waiver issued by the state before the effective
<br />date of this 2007 Act or, if a waiver was not issued, the
<br />number of lots, parcels or dwellings described in the
<br />claim filed with the state; or
<br />(b) Three, except that if there are existing dwellings
<br />on the property or the property contains more than one
<br />lot or parcel, the number of lots, parcels or dwellings
<br />that may be established is reduced so that the combined
<br />number of lots, parcels or dwellings, including existing
<br />lots, parcels or dwellings located on or contained within
<br />the property, does not exceed three.
<br />(3) Notwithstanding subsection (2) of this section, a
<br />claimant that otherwise qualifies for relief under this
<br />section may establish at least one additional lot, parcel
<br />or dwelling on the property. In addition, if the number of
<br />lots, parcels or dwellings described in a waiver issued
<br />by the state before the effective date of this 2007 Act
<br />or, if a waiver was not issued, the number of lots,
<br />parcels or dwellings described in the claim filed with
<br />the state is more than three, the claimant may amend
<br />the claim to reduce the number to no more than three by
<br />filing notice of the amendment with the form required
<br />by section 8 of this 2007 Act.
<br />(4) If a claim was for a use other than a subdivision
<br />or partition of property, or other than approval for
<br />establishing a dwelling on the property, the claimant
<br />may amend the claim to seek one or more home site
<br />approvals under this section. A person amending a
<br />claim under this subsection may not make a claim under
<br />section 7 of this 2007 Act.
<br />(5) If multiple claims were filed for the same property,
<br />the number of lots, parcels or dwellings that may be
<br />established for purposes of subsection (2)(a) of this
<br />section is the number of lots, parcels or dwellings in the
<br />most recent waiver issued by the state before the
<br />effective date of this 2007 Act or, if a waiver was not
<br />issued, the most recent claim filed with the state, but
<br />not more than three in any case.
<br />Measure 49
<br />Official 2007 November Special Election Voters’ Pamphlet
<br />10 | State Measures
<br />continued September 24, 2018, Meeting - Item 3
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