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(6) To qualify for a home site approval under this
<br />section, the claimant must have filed a claim for the
<br />property with both the state and the county in which the
<br />property is located. In addition, regardless of whether a
<br />waiver was issued by the state or the county before the
<br />effective date of this 2007 Act, to qualify for a home
<br />site approval under this section the claimant must
<br />establish that:
<br />(a) The claimant is an owner of the property;
<br />(b) All owners of the property have consented in
<br />writing to the claim;
<br />(c) The property is located entirely outside any urban
<br />growth boundary and entirely outside the boundaries of
<br />any city;
<br />(d) One or more land use regulations prohibit
<br />establishing the lot, parcel or dwelling;
<br />(e) The establishment of the lot, parcel or dwelling is
<br />not prohibited by a land use regulation described in
<br />ORS 197.352 (3); and
<br />(f) On the claimant’s acquisition date, the claimant
<br />lawfully was permitted to establish at least the number
<br />of lots, parcels or dwellings on the property that are
<br />authorized under this section.
<br />(7) If the claim was filed after December 4, 2006, to
<br />issue a home site approval under this section, the
<br />Department of Land Conservation and Development
<br />must verify that the claim was filed in compliance with
<br />the applicable rules of the Land Conservation and
<br />Development Commission and the Oregon Department
<br />of Administrative Services.
<br />(8) Except as provided in section 11 of this 2007 Act,
<br />if the Department of Land Conservation and
<br />Development has issued a final order with a specific
<br />number of home site approvals for a property under this
<br />section, the claimant may seek other governmental
<br />authorizations required by law for the partition or
<br />subdivision of the property or for the development of
<br />any dwelling authorized, and a land use regulation
<br />enacted by the state or county that has the effect of
<br />prohibiting the partition or subdivision, or the dwelling,
<br />does not apply to the review of those authorizations.
<br />SECTION 7.(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 for property that is not high-value
<br />farmland or high-value forestland and that is not in a
<br />ground water restricted area is eligible for four to 10
<br />home site approvals for the property if the requirements
<br />of this section and sections 8 and 11 of this 2007 Act
<br />are met. The procedure for obtaining home site
<br />approvals under this section is set forth in section 8 of
<br />this 2007 Act.
<br />(2) The number of lots, parcels or dwellings that may
<br />be established on the property under this section may
<br />not 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;
<br />(b) 10, except that if there are existing dwellings on
<br />the property or the property contains more than one lot
<br />or parcel, the number of lots, parcels or dwellings that
<br />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 10; or
<br />(c) The number of home site approvals with a total
<br />value that represents just compensation for the
<br />reduction in fair market value caused by the enactment
<br />of one or more land use regulations that were the basis
<br />for the claim, as set forth in subsection (6) of this
<br />section.
<br />(3) If the number of lots, parcels or dwellings
<br />described in a waiver issued by the state before the
<br />effective date of this 2007 Act or, if a waiver was not
<br />issued, the number of lots, parcels or dwellings
<br />described in the claim filed with the state is more than
<br />10, the claimant may amend the claim to reduce the
<br />number to no more than 10 by filing notice of the
<br />amendment with the form required by section 8 of this
<br />2007 Act.
<br />(4) 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 10 in any case.
<br />(5) To qualify for a home site approval under this
<br />section, the claimant must have filed a claim for the
<br />property with both the state and the county in which the
<br />property is located. In addition, regardless of whether a
<br />waiver was issued by the state or the county before the
<br />effective date of this 2007 Act to qualify for a home site
<br />approval under this section, the claimant must establish
<br />that:
<br />(a) The claimant is an owner of the property;
<br />(b) All owners of the property have consented in
<br />writing to the claim;
<br />(c) The property is located entirely outside any urban
<br />growth boundary and entirely outside the boundaries of
<br />any city;
<br />(d) One or more land use regulations prohibit
<br />establishing the lot, parcel or dwelling;
<br />(e) The establishment of the lot, parcel or dwelling is
<br />not prohibited by a land use regulation described in
<br />ORS 197.352 (3);
<br />(f) On the claimant’s acquisition date, the claimant
<br />lawfully was permitted to establish at least the number
<br />of lots, parcels and dwellings on the property that are
<br />authorized under this section; and
<br />(g) The enactment of one or more land use
<br />regulations, other than land use regulations described
<br />in ORS 197.352 (3), that are the basis for the claim
<br />caused a reduction in the fair market value of the
<br />property that is equal to or greater than the fair market
<br />value of the home site approvals that may be
<br />established on the property under subsection (2) of this
<br />section, with the reduction in fair market value
<br />measured as set forth in subsection (6) of this section.
<br />(6) The reduction in the fair market value of the
<br />property caused by the enactment of one or more land
<br />use regulations that were the basis for the claim is equal
<br />to the decrease, if any, in the fair market value of the
<br />property from the date that is one year before the
<br />enactment of the land use regulation to the date that is
<br />one year after the enactment, plus interest. If the claim
<br />is based on the enactment of more than one land use
<br />regulation enacted on different dates, the reduction in
<br />the fair market value of the property caused by each
<br />regulation shall be determined separately and the
<br />values added together to calculate the total reduction in
<br />Measure 49
<br />Official 2007 November Special Election Voters’ Pamphlet
<br />11 | State Measures
<br />continued September 24, 2018, Meeting - Item 3
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