Item A - Measure 37 Discussion - Laserfiche WebLink

Home Browse Search

ATTACHMENT B Summary of Measure 37 · If a land use regulation restricts the use of private property and has the effect of reducing the fair market value of the property, the owner shall be paid just compensation unless the government waivers the restriction · Compensation shall be the reduction in fair market value of the property resulting from the enactment or enforcement of the regulation as of the date owner makes a claim · This measure does not apply to: o Public nuisances (to be construed narrowly) o Regulations to protect public health and safety such as fire and building codes, health & sanitation regs., solid or hazardous waste regs. & pollution control regs. o Land use regs required to comply with federal law o Regulations related to most adult oriented businesses o Any regulation that was put into place before the current owner purchased the property · Gives jurisdictions 180 days to pay once claim is made if regulations remain in effect · For existing regulations, claims must be made within 2 years of December 3, 2004 or of the date that the regulation is applied or enforced. For new/future regulations claims must be made within 2 years of the enactment or enforcement of the regulations · If a regulation still applies after 180 days from when claim is made and no compensation has occurred, circuit court will be the venue for relief and will include attorney fees and other costs · Jurisdictions can adopt procedures for M37 claims, but they cannot be a prerequisite to filing a claim · If a claim is filed, a jurisdiction may modify, remove, or not apply the regulation involved in the claim · Decisions made under this measure are not land use decisions