Item B: Ordinance Concerning Goal 5 Natural Resources Study

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4. When must a claim be filed? Generally, claims must be filed within two years of the enactment ofMeasme 37 or the land use regulation m: the date the public entity applies the land use regulation as an approval criterion to an application, which ever is later {See Section (5)] o Because Measme 37 allows a claim to be filed within two years of the date of the application of the land use regulation, there really is no statute of limitations for filing a claim (a property owner can trigger a new date simply by applying for a use he/she knows will be prohibited or restricted under a land use regulation). o This applies both to land use applications enacted or applied before the adoption of Measure 37 and to any land use regulations adopted after. 5. When can a land use regulation be "waived"? In lieu of making a payment for compensation, Section (8) authorizes the governing body to "modifY, remove, or not to apply the land use regulation to allow the owner to use the property for a use oermitted at the time the owner acauired the orooertv." o Unlike monetary compensation, this "waiver" provision is Iimited to uses the property owner could have done on the date ofhis acquisition of the property. Example: Using the example from question #3, recall that Donna's grandfather purchased the property in 1940, and she acquired it in 1995. Donna's claim for compensation is based on her grandfather's acquisition in 1940, but if the government makes the decision to waive the land use regulation in lieu of payment, the government is only authorized to waive the land use regulations to allow Donna to use the property for a use permitted at the time she acquired the property - 1995 - and not based on her grandfather's purchase in 1940. 6. Who can waive a land use regulation? Only the "governing body-responsible for enacting the land use regulation" is authorized to modify, remove, or not apply the regulation. 'At the local level, this measure appears to require county commissions and city councils to make the decision to waive a land use regulation. Likewise if it is an administrative rule, or statute, it is the state commission or legislature that is authorized to grant waivers. In many cases, there will be both a local and a state regulation. {See Section (8)J 7. Is the waiver trausCerable? Measure 37 creates a personal right, and not a transferable property right that runs with the land. See Section (8) of the Measure, which allows "the!!mW: to !!!!! the property for a use permitted at the time the owner acquired the property." {See Section (8)] The Attorney General's opinion is that land use waivers under Measure 37 are personal. In this opinion, the Attorney General explains that if the current owner conveys the property before the new use is established, then the Measure 37 waiver will be lost and concludes: "the relief is personal to the owner making the claim." For more information, see http://www.oregon.gov/LCD/docs/rneasure37/m37dojadvice.pdf 1000 Friends ofOregol1 - 3 - 1\IoII...h 31, 2011S 8m:5