Item B: Ordinance Concerning Goal 5 Natural Resources Study

Home Browse Search

This summary provides a brief overview of Measure 37. It is by no means definitive as there are many unanswered questions about both the substance and the implementation of this measure. Nonetheless, we hope it provides some useful infonnation for citizens, local governments and others involved in land use planning. We will update this summary periodically as we learn more about Measure 37. Summary of Measure 37 Measure 37 creates a claim for compensation for the enactment or enforcement of a land use regulation if the land use regulation restricts the use of the property and has the effect of reducing the fair market value of the property. Under this measure, state and local governments have a choice to: (1) pay compensation (based on date of acquisition by a family member or a legal entity owned by any one or combination of family members) and continue to apply and enforce the land use regulation; or (2) modify, remove, or not apply ("waive") the regulation to allow the owner to use the property for a use permitted at the time the owner acquired the property. The governing body can apply or adopt procedures for filing claims, but these procedures may not act as a prerequisite for a claimant filing a compensation claim in circuit court. When a written demand is made, the state or local government has 180 days to make a decision whether to reject the claim as an invalid claim, pay compensation, or waive the applicable land use regulation. There is no requirement for the governing body to give notice, hold a public hearing, or take public testimony. If the applicable governmental entity does not make a decision within 180 days, the property owner may file a claim for compensation in circuit court and will be entitled to attorneys' fees, expenses, and costs if the property owner prevails in the lawsuit. Measure 37 creates a new definition for a "land use regulation," including any statutes regulating the use of land, administrative rules and goals ofLCDC, local government comprehensive plans, zoning ordinances, land division ordinances, and transportation ordinances, etc. The measure covers existing and future regulations (i.e., Measure 37 is retroactive and prospective). Measure 37 exempts certain regulations (such as regulations restricting or prohibiting activities commonly and historically accepted as public nuisances under common law) from giving rise to a compensation claim.) In other words, while some regulations may fit the measure's definition of a "land use regulation," Measure 37 does not require the government to compensate or waive them, even if they restrict the use and reduce the value of the property. I These regulations include regulations for: (I) public nuisances under common law, narrowly construed; (2) public health and safety; (3) required to comply with federal law; (4) pomoaraPhy or nude dancing; (5) laws enacted prior to the acquisition by a family member. 1000 .Friends lIt'O,'eglll1 - I . l\Ia.orh 31, 200S ~