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(c) The person’s desired use of the property is restricted by one or more land use regulations enacted after January 1, 2007; and (d) The enactment of one or more land use regulations after January 1, 2007, other than land use regulations described in ORS 197.352 (3), has reduced the fair market value of the property. (2) For purposes of subsection (1) of this section, the reduction in the fair market value of the property caused by the enactment of one or more land use regulations that are the basis for the claim is equal to the decrease, if any, in the fair market value of the property from the date that is one year before the enactment of the land use regulation to the date that is one year after the enactment, plus interest. If the claim is based on the enactment of more than one land use regulation enacted on different dates, the reduction in the fair market value of the property caused by each regulation shall be determined separately and the values added together to calculate the total reduction in fair market value. Interest shall be computed under this subsection using the average interest rate for a one-year United States Government Treasury Bill on December 31 of each year of the period between the date the land use regulation was enacted and the date the claim was filed, compounded annually on January 1 of each year of the period. A claimant must provide an appraisal showing the fair market value of the property one year before the enactment of the land use regulation and the fair market value of the property one year after the enactment. The actual and reasonable cost of preparing the claim, including the cost of the appraisal, not to exceed $5,000, may be added to the calculation of the reduction in fair market value under this subsection. The appraisal must: (a) Be prepared by a person certified under ORS chap- ter 674 or a person registered under ORS chapter 308; (b) Comply with the Uniform Standards of Professional Appraisal Practice, as authorized by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989; and (c) Expressly determine the highest and best use of the property at the time the land use regulation was enacted. (3) Relief may not be granted under this section if the highest and best use of the property at the time the land use regulation was enacted was not the use that was restricted by the land use regulation. (4) If the claimant establishes that the requirements of subsection (1) of this section are satisfied and the land use regulation was enacted by Metro, a city or a county, the public entity must either: (a) Compensate the claimant for the reduction in the fair market value of the property; or (b) Authorize the claimant to use the property without application of the land use regulation to the extent necessary to offset the reduction in the fair market value of the property. (5) If the claimant establishes that the requirements of subsection (1) of this section are satisfied and the land use regulation was enacted by state government, as defined in ORS 174.111, the state agency that is responsible for administering the statute, statewide land use planning goal or rule, or the Oregon Department of Administrative Services if there is no state agency responsible for administering the statute, goal or rule, must: (a) Compensate the claimant for the reduction in the fair market value of the property; or (b) Authorize the claimant to use the property without application of the land use regulation to the extent necessary to offset the reduction in the fair market value of the property. (6) A use authorized by this section has the legal status of a lawful nonconforming use in the same manner as provided by ORS 215.130. The claimant may carry out a use authorized by a public entity under this section except that a public entity may waive only land use regulations that were enacted by the public entity. When a use authorized by this section is lawfully established, the use may be continued lawfully in the same manner as provided by ORS 215.130. (Procedures for Actions on New Claims) SECTION 13.(1) A person filing a claim under section 12 of this 2007 Act shall file the claim in the manner provided by this section. If the property for which the claim is filed has more than one owner, the claim must be signed by all the owners or the claim must include a signed statement of consent from each owner. Only one claim for each property may be filed for each land use regulation. (2) A claim filed under section 12 of this 2007 Act must be filed with the public entity that enacted the land use regulation that is the basis for the claim. (3) Metro, cities, counties and the Department of Land Conservation and Development may impose a fee for the review of a claim filed under section 12 of this 2007 Act in an amount not to exceed the actual and reasonable cost of reviewing the claim. (4) A person must file a claim under section 12 of this 2007 Act within five years after the date the land use regulation was enacted. (5) A public entity that receives a claim filed under section 12 of this 2007 Act must issue a final determina- tion on the claim within 180 days after the date the claim is complete, as described in subsection (9) of this section. (6) If a claim under section 12 of this 2007 Act is filed with state government, as defined in ORS 174.111, the claim must be filed with the department. If the claim is filed with Metro, a city or a county, the claim must be filed with the chief administrative office of the public entity, or with an individual designated by ordinance, resolution or order of the public entity. (7) A claim filed under section 12 of this 2007 Act must be in writing and must include: (a) The name and address of each owner; (b) The address, if any, and tax lot number, township, range and section of the property; (c) Evidence of the acquisition date of the claimant, including the instrument conveying the property to the claimant and a report from a title company identifying the person in which title is vested and the claimant’s acquisition date and describing exceptions and encumbrances to title that are of record; (d) A citation to the land use regulation that the claimant believes is restricting the claimant’s desired use of the property that is adequate to allow the public entity to identify the specific land use regulation that is the basis for the claim; Measure 49 Official 2007 November Special Election Voters’ Pamphlet 16 | State Measures continued September 24, 2018, Meeting - Item 3