72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2044
 
                         House Bill 2856
 
Sponsored by Representative ZAUNER
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Directs state agencies, local governments and special districts
to notify applicant for land use decision, limited land use
decision or expedited land division of applicant's rights related
to application. Authorizes applicant aggrieved by failure of
state agency, local government or special district to receive
costs and attorney fees incurred to enforce rights.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to application for land use determination; and declaring
  an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2003 Act is added to and made
a part of ORS chapter 197. + }
  SECTION 2.  { + (1) When a person submits an application for a
land use decision, a limited land use decision or an expedited
land division, the state agency, local government or special
district to which the application is submitted shall inform the
applicant of the applicant's rights, including, but not limited
to, rights to notice, to provide comment or to request a hearing
or an appeal.
  (2) If an applicant is aggrieved by the failure of a state
agency, local government or special district to comply with the
requirement of subsection (1) of this section, the applicant is
entitled to recover costs and attorney fees incurred to enforce
the applicant's rights under subsection (1) of this section from
the state agency, local government or special district. + }
  SECTION 3.  { + Section 2 of this 2003 Act applies to an
application submitted on or after the effective date of this 2003
Act for a land use decision, a limited land use decision or an
expedited land division. + }
  SECTION 4.  { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
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