71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 3925
 
LC 1922/HB 3925-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3925
 
            By COMMITTEE ON SMART GROWTH AND COMMERCE
 
                              May 3
 
  On page 1 of the printed bill, delete lines 4 through 17.
  Delete lines 19 through 28 and insert:
  '  { +  SECTION 1. + } (1) An owner of real property who has
made substantial good faith expenditures toward completing a
particular use that was permitted at the time the owner made the
expenditures may file a declaratory judgment action under ORS
chapter 28 to seek a judicial determination as to whether the
owner has a vested right to the use. The circuit court for the
county in which the real property is located has exclusive
jurisdiction of an action under this section.'.
  On page 2, delete lines 1 through 11.
  In line 12, delete '(4)' and insert '(2)' and delete ' found'
and insert 'determined'.
  In line 13, delete 'only'.
  In line 18, delete '(5)' and insert '(3)'.
  On page 3, line 37, delete 'that is subject to review'.
  On page 4, delete lines 32 through 44 and insert:
  '  { +  SECTION 3. + }  { + (1) Except as provided by
subsection (2) of this section, section 1 of this 2001 Act and
the amendments to ORS 197.015 by section 2 of this 2001 Act apply
only to claims of a vested right described in section 1 of this
2001 Act that arise on or after the effective date of this 2001
Act.
  ' (2) If a claim of a vested right is pending before the Land
Use Board of Appeals on the effective date of this 2001 Act, or
is on appeal from a decision of the Land Use Board of Appeals on
the effective date of this 2001 Act, the Land Use Board of
Appeals or appellate court shall dismiss without prejudice the
proceeding upon the motion of the property owner, and the
property owner may thereafter commence a proceeding under section
1 of this 2001 Act. + } ' .
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