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use regulations enacted after the effective date of this act, written demand for <br /> compensation under subsection (4) shall be made within two years of the <br /> enactment of the land use regulation, or the date the owner of the property <br /> submits a land use application in which the land use regulation is an approval <br /> criteria, whichever is later. <br /> <br />(6) If a land use regulation continues to apply to the subject property more than 180 <br /> days after the present owner of the property has made written demand for <br /> compensation under this act, the present owner of the property, or any interest <br /> therein, shall have a cause of action for compensation under this act in the circuit <br /> court in which the real property is located, and the present owner of the real <br /> property shall be entitled to reasonable attorney fees, expenses, costs, and other <br /> disbursements reasonably incurred to collect the compensation. <br /> <br />(7) A metropolitan service district, city, or county, or state agency may adopt or <br /> apply procedures for the processing of claims under this act, but in no event shall <br /> these procedures act as a prerequisite to the filing of a compensation claim under <br /> subsection (6) of this act, nor shall the failure of an owner of property to file an <br /> application for a land use permit with the local government serve as grounds for <br /> dismissal, abatement, or delay of a compensation claim under subsection (6) of <br /> this act. <br /> <br />(8) Notwithstanding any other state statute or the availability of funds under <br /> subsection (10) of this act, in lieu of payment of just compensation under this act, <br /> the governing body responsible for enacting the land use regulation may modify, <br /> remove, or not to apply the land use regulation or land use regulations to allow <br /> the owner to use the property for a use permitted at the time the owner acquired <br /> the property. <br /> <br />(9) A decision by a governing body under this act shall not be considered a land use <br /> decision as defined in ORS 197.015(10). <br /> <br />(10) Claims made under this section shall be paid from funds, if any, specifically <br /> allocated by the legislature, city, county, or metropolitan service district for <br /> payment of claims under this act. Notwithstanding the availability of funds under <br /> this subsection, a metropolitan service district, city, county, or state agency shall <br /> have discretion to use available funds to pay claims or to modify, remove, or not <br /> apply a land use regulation or land use regulations pursuant to subsection (6) of <br /> this act. If a claim has not been paid within two years from the date on which it <br /> accrues, the owner shall be allowed to use the property as permitted at the time <br /> the owner acquired the property. <br /> <br />(11) Definitions - for purposes of this section: <br /> <br /> (A) "Family member" shall include the wife, husband, son, daughter, mother, <br /> father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, <br /> <br /> <br />