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may impose a fee for the review of a claim under
<br />section 7 of this 2007 Act in an amount that does not
<br />exceed the actual and reasonable cost of the review.
<br />(6) The department or the county shall review claims
<br />as quickly as possible, consistent with careful review of
<br />the claim. The department shall report to the Joint
<br />Legislative Audit Committee on or before March 31,
<br />2008, concerning the department’s progress and the
<br />counties’ progress in completing review of claims under
<br />sections 6 and 7 of this 2007 Act.
<br />(7) The department’s final order and a county’s final
<br />decision on a claim under section 6 or 7 of this 2007 Act
<br />must either deny the claim or approve the claim. If the
<br />order or decision approves the claim, the order or
<br />decision must state the number of home site approvals
<br />issued for the property and may contain other terms
<br />that are necessary to ensure that the use of the property
<br />is lawful.
<br />(Claims Relating to Property Within
<br />Urban Growth Boundaries)
<br />SECTION 9.(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 located, in whole or
<br />in part, within an urban growth boundary may establish
<br />one to 10 single-family dwellings on the portion of the
<br />property located within the urban growth boundary.
<br />(2) The number of single-family dwellings that may be
<br />established on the portion of the property located
<br />within the urban growth boundary under this section
<br />may not exceed the lesser of:
<br />(a) The number of single-family dwellings described in
<br />a waiver issued by Metro, a city or a county before the
<br />effective date of this 2007 Act or, if a waiver was not
<br />issued, the number described in the claim filed with
<br />Metro, a city or a county;
<br />(b) 10, except that if there are existing dwellings on
<br />the property, the number of single-family dwellings that
<br />may be established is reduced so that the maximum
<br />number of dwellings, including existing dwellings
<br />located on the property, does not exceed 10; or
<br />(c) The number of single-family dwellings the total
<br />value of which 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
<br />basis for the claim, as set forth in subsection (6) of this
<br />section.
<br />(3) If the number of single-family dwellings described
<br />in a waiver issued by Metro, a city or a county before the
<br />effective date of this 2007 Act or, if a waiver was not
<br />issued, the number described in the claim filed with
<br />Metro, a city or a county is more than 10, the claimant
<br />may amend the claim to reduce the number to no more
<br />than 10 by filing notice of the amendment with the
<br />information required by section 10 of this 2007 Act.
<br />(4) If multiple claims were filed for the same property,
<br />the number of single-family dwellings that may be
<br />established for purposes of subsection (2)(a) of this
<br />section is the number in the most recent waiver issued
<br />by Metro, a city or a county before the effective date of
<br />this 2007 Act or, if a waiver was not issued, the most
<br />recent claim filed with Metro, a city or a county, but not
<br />more than 10 in any case.
<br />(5) To qualify for the relief provided by this section,
<br />the claimant must have filed a claim for the property
<br />with the city or county in which the property is located.
<br />In addition, regardless of whether a waiver was issued
<br />by Metro, a city or a county before the effective date of
<br />this 2007 Act, to qualify for relief under this section,
<br />the claimant must 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, in whole or in part, within
<br />an urban growth boundary;
<br />(d) On the claimant’s acquisition date, the claimant
<br />lawfully was permitted to establish at least the number
<br />of dwellings on the property that are authorized under
<br />this section;
<br />(e) The property is zoned for residential use;
<br />(f) One or more land use regulations prohibit
<br />establishing the single-family dwellings;
<br />(g) The establishment of the single-family dwellings
<br />is not prohibited by a land use regulation described in
<br />ORS 197.352 (3);
<br />(h) The land use regulation described in paragraph (f)
<br />of this subsection was enacted after the date the
<br />property, or any portion of the property, was brought
<br />into the urban growth boundary;
<br />(i) If the property is located within the boundaries of
<br />Metro, the land use regulation that is the basis for the
<br />claim was enacted after the date the property was
<br />included within the boundaries of Metro;
<br />(j) If the property is located within a city, the land use
<br />regulation that is the basis for the claim was enacted
<br />after the date the property was annexed to the city; and
<br />(k) 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 of the claim
<br />caused a reduction in the fair market value of the
<br />property, as determined under subsection (6) of this
<br />section, that is equal to or greater than the fair market
<br />value of the single-family dwellings that may be
<br />established on the property under subsection (2) of this
<br />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
<br />equal to the decrease, if any, in the fair market value of
<br />the 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 />fair market value. The reduction in fair market value
<br />shall be adjusted by any ad valorem property taxes not
<br />paid as a result of any special assessment of the
<br />property under ORS 308A.050 to 308A.128, 321.257 to
<br />321.390, 321.700 to 321.754 or 321.805 to 321.855,
<br />plus interest, offset by any severance taxes paid by the
<br />claimant and by any recapture of potential additional
<br />tax liability that the claimant has paid or will pay for
<br />the property if the property is disqualified from special
<br />assessment under ORS 308A.703. Interest shall be
<br />computed under this subsection using the average
<br />interest rate for a one-year United States Government
<br />Treasury Bill on December 31 of each year of the period
<br />between the date the land use regulation was enacted
<br />and the date the claim was filed, compounded annually
<br />on January 1 of each year of the period.
<br />Measure 49
<br />Official 2007 November Special Election Voters’ Pamphlet
<br />13 | State Measures
<br />continued September 24, 2018, Meeting - Item 3
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