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(7) For the purposes of subsection (6) of this section,
<br />a claimant must provide an appraisal showing the fair
<br />market value of the property one year before the
<br />enactment of the land use regulation that was the basis
<br />for the claim and the fair market value of the property
<br />one year after the enactment. The appraisal also
<br />must show the fair market value of each single-family
<br />dwelling to which the claimant is entitled under
<br />subsection (2) of this section, along with evidence of
<br />any ad valorem property taxes not paid, any severance
<br />taxes paid and any recapture of additional tax liability
<br />that the owner has paid or will pay for the property if
<br />the property is disqualified from special assessment
<br />under ORS 308A.703. The actual and reasonable cost of
<br />preparing the claim, including the cost of the appraisal,
<br />not to exceed $5,000, may be added to the calculation
<br />of the reduction in fair market value under section 7 (6)
<br />of this 2007 Act. The appraisal must:
<br />(a) Be prepared by a person certified under ORS chap-
<br />ter 674 or a person registered under ORS chapter 308;
<br />(b) Comply with the Uniform Standards of
<br />Professional Appraisal Practice, as authorized by the
<br />Financial Institutions Reform, Recovery, and
<br />Enforcement Act of 1989; and
<br />(c) Expressly determine the highest and best use of
<br />the property at the time the land use regulation was
<br />enacted.
<br />(8) Relief may not be granted under this section if the
<br />highest and best use of the property was not residential
<br />use at the time the land use regulation was enacted.
<br />(9) When Metro, a city or a county has issued a final
<br />decision authorizing one or more single-family
<br />dwellings under this section on the portion of the
<br />property located within the urban growth boundary, the
<br />claimant may seek other governmental authorizations
<br />required by law for that use, and a land use regulation
<br />enacted by a public entity that has the effect of
<br />prohibiting the use does not apply to the review of those
<br />authorizations, except as provided in section 11 of this
<br />2007 Act. If Metro is reviewing a claim for a property,
<br />and a city or a county is reviewing a claim for the same
<br />property, Metro and the city or county shall coordinate
<br />the review and decisions and may:
<br />(a) Provide that one of the public entities be
<br />principally responsible for the review; and
<br />(b) Provide that the decision of each of the public
<br />entities is contingent on the decision of the other public
<br />entity.
<br />(10) The only types of land use that are authorized
<br />by this section are the subdivision or partition of land
<br />for one or more single-family dwellings, or the
<br />establishment of one or more single-family dwellings
<br />on land on which the dwellings would not otherwise be
<br />allowed.
<br />SECTION 10.(1) If Metro, a city or a county issued a
<br />waiver before the effective date of this 2007 Act for
<br />property located, in whole or in part, within an urban
<br />growth boundary, the public entity that issued the
<br />waiver must review the claim, the record on the claim
<br />and the waiver to determine whether the claimant is
<br />entitled to relief under section 9 of this 2007 Act. If the
<br />public entity that issued the waiver lacks information
<br />needed to determine whether the claimant is entitled to
<br />relief, the public entity shall issue a written request to
<br />the claimant for the required information. The claimant
<br />must file the required information within 90 days after
<br />receiving the request. If the claimant does not file the
<br />information, the public entity shall review the claim
<br />based on the information that is available. The public
<br />entity shall complete a tentative review no later than
<br />240 days after the effective date of this 2007 Act.
<br />The public entity shall provide written notice to the
<br />claimant, the Department of Land Conservation and
<br />Development and any other person entitled to notice
<br />of the tentative determination as to whether the
<br />claimant qualifies for relief under section 9 of this
<br />2007 Act and, if so, the specific number of single-family
<br />dwellings that the public entity proposes to authorize.
<br />The notice must state that the recipient has 15 days to
<br />submit evidence or arguments in response to the
<br />tentative determination, after which the public entity
<br />shall make a final determination. A public entity shall
<br />make the final determination under this subsection
<br />within 300 days after the effective date of this
<br />2007 Act.
<br />(2) If Metro, a city or a county has not made a final
<br />decision before the effective date of this 2007 Act on a
<br />claim filed for property located, in whole or in part,
<br />within an urban growth boundary, the public entity with
<br />which the claim was filed shall send notice to the
<br />claimant within 90 days after the effective date of this
<br />2007 Act. The notice must:
<br />(a) Explain that the claimant is entitled to seek relief
<br />under section 9 of this 2007 Act;
<br />(b) Identify the information that the claimant must
<br />file; and
<br />(c) Provide a form for the claimant’s use.
<br />(3) Within 120 days after the date the public entity
<br />mails notice under subsection (2) of this section, a
<br />claimant must notify the public entity if the claimant
<br />intends to continue the claim and must file the
<br />information required in the notice. If the claimant fails
<br />to file the notice and required information with the
<br />public entity within 120 days after the date the public
<br />entity mails the notice, the claimant is not entitled to
<br />relief under section 9 of this 2007 Act.
<br />(4) A public entity that receives a notice from a
<br />claimant under subsection (3) of this section shall
<br />review the claim, the record on the claim, the notice
<br />received from the claimant and the information required
<br />under subsection (3) of this section to determine
<br />whether the claim demonstrates that the requirements
<br />of section 9 of this 2007 Act are satisfied. The public
<br />entity shall complete a tentative review no later than
<br />120 days after receipt of the notice from the claimant
<br />and shall provide written notice to the claimant, the
<br />department and any other person entitled to notice of
<br />the tentative determination as to whether the claimant
<br />qualifies for relief under section 9 of this 2007 Act and,
<br />if so, the specific number of single-family dwellings
<br />that the public entity proposes to authorize. The notice
<br />must state that the recipient has 15 days to submit
<br />evidence or arguments in response to the tentative
<br />determination, after which the public entity shall make
<br />a final determination. A public entity shall make the
<br />final determination under this subsection within 180
<br />days after receipt of the notice from the claimant.
<br />(5) If a claimant filed a claim that is subject to this
<br />section after December 4, 2006, the claim must have
<br />included a copy of a final land use decision by the city or
<br />county with land use jurisdiction over the property that
<br />denied an application by the claimant for the residential
<br />use described in the claim. If the claim was filed after
<br />December 4, 2006, and did not include a final land use
<br />decision denying the residential use described in the
<br />claim, the claimant is not entitled to relief under
<br />section 9 of this 2007 Act.
<br />Measure 49
<br />Official 2007 November Special Election Voters’ Pamphlet
<br />14 | State Measures
<br />continued September 24, 2018, Meeting - Item 3
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