Item B: Ordinance Concerning Goal 5 Natural Resources Study

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General opinion. go to htip:llwww.oregon.gov/LCO/docs/measure37/m37doiadvice.pdt ~ If a waiver is granted, who chooses the "use" that is permitted? Probably, the local public entity waiving the land use regulation. Measure 37 authorizes public bodies to waive the land use regulation to allow the owner to "use the property for a use permitted at the time the owner acquired the property." ~ When is a land use regulation a restriction or prohibition for the protection of health and safety? Unknown. many land use regulations serve multiple purposes, including important protections for public health and safety. ~ What is the burden ofprooffor claimants under Measure 37? To have a claim under Measure 37, a land use regulation must both restrict the use of property and reduce its fair maIket value. Therefore, it appears that claimant must at least provide information proving ownership, identifying the applicable land use regulation(s) and the restriction(s) on the use of the property, and substantiating some reduction in the fair market value of the property as a result of the particular land use regulations. That said, while Measure 37 expressly allows a government to adopt local procedures for the processing of claims, the measure also provides that such procedures cannot act as a prerequisite for filing a lawsuit in circuit court. [See Section (7)]. Whether procedures requiring a claimant to provide substantial evidence to support a claim for compensation are "substantive" or "procedural" is unclear. ~ Where wiD funding for Measure 37 come from? (both for administrative costs and for compensation) Measure 37 does not provide a funding source for either administrative costs or for compensation for claims. Guidance for Ordinances Implementing Measure 37 Oregonians want fairness in the application of regulations, open government and strong protections for our neighborhoods, farms, forests, and landscapes. While we recognize that Measure 37 imposes large, unfunded administrative costs on city, county, and state government, we hope that local and state governments continue to engage citizens in the implementation of Measure 37, and in the decisions to pay claims or waive land use regulations. We applaud the actions ofmany cities and counties who have already done so. Recommendations for city and county governments: .:. Provide for public notice and hearings on decisions to pay claims or waive land use regulations. .:. Participate in the state registry of claims managed by the state Department of Administrative Services. To see the list of state claims compiled by the Department of Administrative Services, see http://www.oregon.gov/DAS/Risk!M37Registry.shtml More information: For more information on local ordinances concerning Measure 37, see htto://www.orcities.orf!/currentIssues/m37.cfm. For information on the state rules for processing Measure 37 claims, see http://www.oregon.gov/DAS/Rislr/docs/Measure37Rule.pdf. 1000 Friends of Oregon - 5 - i\Ja I'ch 31. 2005 ~ "':;"'-'0