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 2101
 
                         House Bill 2886
 
Sponsored by Representative GARRARD; Representative P SMITH
 
 
                             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.
 
  Voids administrative rule of Land Conservation and Development
Commission or land use ordinance of local government if rule or
ordinance is subject to one or more specified notice provisions
and commission or local government fails to comply with
applicable provisions. Authorizes person aggrieved by rule or
ordinance to petition for writ of review to have rule or
ordinance declared void.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to adoption of land use requirements; 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) If the Land Conservation and Development
Commission adopts an administrative rule or a local government
adopts a land use planning ordinance, but does not comply with
the applicable provisions of ORS 197.047, 215.503, 227.186 or
268.393, the administrative rule or the land use planning
ordinance is void.
  (2) A person who is aggrieved by the adoption or implementation
of an administrative rule or a land use planning ordinance
subject to one or more provisions of ORS 197.047, 215.503,
227.186 or 268.393 may petition for a writ of review under ORS
34.010 to 34.100 in the circuit court of Marion County for an
administrative rule adopted by the commission or in the county in
which the ordinance was adopted to have the administrative rule
or ordinance declared void. + }
  SECTION 3.  { + Section 2 of this 2003 Act applies to an
administrative rule or a land use planning ordinance subject to
one or more provisions of ORS 197.047, 215.503, 227.186 or
268.393, but adopted on or after the effective date of this 2003
Act without compliance with the applicable provisions of ORS
197.047, 215.503, 227.186 or 268.393. + }
  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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