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Agenda Packet 9-24-18 Meeting
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Agenda Packet 9-24-18 Meeting
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(e) A description of the specific use of the property <br />that the claimant desires to carry out but cannot <br />because of the land use regulation; and <br />(f) An appraisal of the property that complies with <br />section 12 (2) of this 2007 Act. <br />(8) A claim filed under section 12 of this 2007 Act <br />must include the fee, if any, imposed by the public <br />entity with which the claim is filed pursuant to <br />subsection (3) of this section. <br />(9) The public entity shall review a claim filed under <br />section 12 of this 2007 Act to determine whether the <br />claim complies with the requirements of sections 12 to <br />14 of this 2007 Act. If the claim is incomplete, the <br />public entity shall notify the claimant in writing of the <br />information or fee that is missing within 60 days after <br />receiving the claim and allow the claimant to submit <br />the missing information or fee. The claim is complete <br />when the public entity receives any fee required by <br />subsection (8) of this section and: <br />(a) The missing information; <br />(b) Part of the missing information and written notice <br />from the claimant that the remainder of the missing <br />information will not be provided; or <br />(c) Written notice from the claimant that none of the <br />missing information will be provided. <br />(10) If a public entity does not notify a claimant within <br />60 days after a claim is filed under section 12 of this <br />2007 Act that information or the fee is missing from the <br />claim, the claim is deemed complete when filed. <br />(11) A claim filed under section 12 of this 2007 Act is <br />deemed withdrawn if the public entity gives notice to <br />the claimant under subsection (9) of this section and the <br />claimant does not comply with the requirements of <br />subsection (9) of this section. <br />SECTION 14.(1) A public entity that receives a <br />complete claim as described in section 13 of this <br />2007 Act shall provide notice of the claim at least <br />30 days before a public hearing on the claim or, if there <br />will not be a public hearing, at least 30 days before the <br />deadline for submission of written comments, to: <br />(a) All owners identified in the claim; <br />(b) All persons described in ORS 197.763 (2); <br />(c) The Department of Land Conservation and <br />Development, unless the claim was filed with the <br />department; <br />(d) Metro, if the property is located within the urban <br />growth boundary of Metro; <br />(e) The county in which the property is located, unless <br />the claim was filed with the county; and <br />(f) The city, if the property is located within the urban <br />growth boundary or adopted urban planning area of the <br />city. <br />(2) The notice required under subsection (1) of this <br />section must describe the claim and state: <br />(a) Whether a public hearing will be held on the claim, <br />the date, time and location of the hearing, if any, and <br />the final date for submission of written evidence and <br />arguments relating to the claim; <br />(b) That judicial review of the final determination of <br />a public entity on the claim is limited to the written <br />evidence and arguments submitted to the public entity; <br />and <br />(c) That judicial review is available only for issues that <br />are raised with sufficient specificity to afford the public <br />entity an opportunity to respond. <br />(3) Except as provided in subsection (4) of this <br />section, written evidence and arguments in proceedings <br />on the claim must be submitted to the public entity not <br />later than: <br />(a) The close of the final public hearing on the claim; <br />or <br />(b) If a public hearing is not held, the date that is <br />specified by the public entity in the notice required <br />under subsection (1) of this section. <br />(4) The claimant may request additional time to <br />submit written evidence and arguments in response to <br />testimony or submittals. The request must be made <br />before the close of testimony or the deadline for <br />submission of written evidence and arguments. <br />(5) A public entity shall make the record on review of <br />a claim, including any staff reports, available to the <br />public before the close of the record as described in <br />subsections (3) and (4) of this section. <br />(6) A public entity shall mail a copy of the final <br />determination to the claimant and to any person who <br />submitted written evidence or arguments before the <br />close of the record. The public entity shall forward to <br />the county, and the county shall record, a memorandum <br />of the final determination in the deed records of the <br />county in which the property is located. <br />SECTION 15.In addition to any other notice required <br />by law, a county must give notice of a Measure 37 <br />permit for property located entirely outside an urban <br />growth boundary to: <br />(1) The county assessor for the county in which the <br />property is located; <br />(2) A district or municipality that supplies water for <br />domestic, municipal or irrigation uses and has a place of <br />use or well located within one-half mile of the property; <br />and <br />(3) The Department of Land Conservation and <br />Development, the State Department of Agriculture, the <br />Water Resources Department and the State Forestry <br />Department. <br />JUDICIAL REVIEW <br />SECTION 16.(1) A person that is adversely affected by <br />a final determination of a public entity under sections 5 <br />to 11 or 12 to 14 of this 2007 Act may obtain judicial <br />review of that determination under ORS 34.010 to <br />34.100, if the determination is made by Metro, a city or <br />a county, or under ORS 183.484, if the determination is <br />one of a state agency. Proceedings for review of a state <br />agency determination under sections 5 to 11 or 12 to 14 <br />of this 2007 Act must be commenced in the county in <br />which the affected property is located. Upon motion of <br />any party to the proceedings, the proceedings may be <br />transferred to any other county with jurisdiction under <br />ORS 183.484 in the manner provided by law for change <br />of venue. A determination by a public entity under <br />sections 5 to 11 or 12 to 14 of this 2007 Act is not a land <br />use decision. <br />(2) A person is adversely affected under subsection (1) <br />of this section if the person: <br />(a) Is an owner of the property that is the subject of <br />the final determination; or <br />Measure 49 <br />Official 2007 November Special Election Voters’ Pamphlet <br />17 | State Measures <br />continued September 24, 2018, Meeting - Item 3
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