73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 3536
D-Engrossed
Senate Bill 1037
Ordered by the House July 29
Including Senate Amendments dated May 26 and July 5 and House
Amendments dated July 25 and July 29
Sponsored by Senator RINGO, Representative GARRARD
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.
Establishes claim process and judicial review process for
Ballot Measure 37 (2004) claims.
Modifies provisions under which owner of property may claim
right to compensation for land use regulation that restricts use
of property and reduces value of property. Allows transfer of
right to use property pursuant to waiver of land use regulations
granted in lieu of compensation.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to land use; creating new provisions; amending chapter
1, Oregon Laws 2005; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
BALLOT MEASURE 37 (2004) + }
SECTION 1. Chapter 1, Oregon Laws 2005, is amended to read:
{ + SECTION 1. + } { - The following provisions are - }
{ + Section 2, chapter 1, Oregon Laws 2005, is + } added to and
made a part of ORS chapter 197 { - : - } { + . + }
{ + SECTION 2. + } (1) If a public entity enacts or enforces
a new land use regulation or enforces a land use regulation
enacted prior to { - the effective date of this amendment - }
{ + December 2, 2004, + } that restricts the use of private
real property or { + of + } any interest therein and has the
effect of reducing the fair market value of the property
{ - , - } or { + of + } any interest therein, then the owner
of the property shall be paid just compensation.
(2) Just compensation { - shall be - } { + is + } equal to
the reduction in the fair market value of the affected property
interest resulting from enactment or enforcement of the land use
regulation as of the date the owner makes written demand for
compensation under this
{ - act - } { + section + }.
(3) Subsection (1) of this { - act shall - } { + section
does + } not apply to land use regulations:
{ - (A) - } { + (a) + } Restricting or prohibiting
activities commonly and historically recognized as public
nuisances under common law. This subsection shall be construed
narrowly in favor of a finding of compensation under this
{ - act - } { + section + };
{ - (B) - } { + (b) + } Restricting or prohibiting
activities for the protection of public health and safety, such
as fire and building codes, health and sanitation regulations,
solid or hazardous waste regulations { - , - } and pollution
control regulations;
{ - (C) - } { + (c) + } To the extent the land use
regulation is required to comply with federal law;
{ - (D) - } { + (d) + } Restricting or prohibiting the use
of a property for the purpose of selling pornography or
performing nude dancing. Nothing in this subsection, however, is
intended to affect or alter rights provided by the Oregon or
United States
{ - Constitutions - } { + Constitution + }; { - or - }
{ - (E) - } { + (e) + } Enacted prior to the date of
acquisition of the property by the owner or a family member of
the owner who owned the subject property prior to acquisition or
inheritance by the owner, whichever occurred first { + ; or
(f) Enacted by a county service district before the effective
date of this 2005 Act + }.
(4) Just compensation under subsection (1) of this { - act
shall be - } { + section is + } due the owner of the property
if the land use regulation continues to be enforced against the
property 180 days after the owner of the property makes written
demand for compensation under this section to the public entity
enacting or enforcing the land use regulation.
(5) For claims arising from land use regulations enacted prior
to { - the effective date of this act, - } { + December 2,
2004, the owner of the property shall make a + } written demand
for compensation under subsection (4) { - shall be made - }
{ + of this section + }within two years of { - the effective
date of this act - } { + December 2, 2004 + }, or the date the
public entity applies the land use regulation as an approval
{ - criteria - } { + criterion + } to an application submitted
by the owner of the property, whichever is later. For claims
arising from land use regulations enacted { - after the
effective date of this act, - } { + on or after December 2,
2004, the owner of the property shall make a + } written demand
for compensation under subsection (4)
{ - shall be made - } { + of this section + } within two
years of the enactment of the land use regulation, or the date
the owner of the property submits a land use application in which
the land use regulation is an approval { - criteria - } { +
criterion + }, whichever is later.
(6) If a land use regulation continues to apply to the subject
property more than 180 days after the present owner of the
property has made written demand for compensation under this
{ - act - } { + section + }, the present owner of the property
{ - , - } or { + of + } any interest therein { - , shall
have - } { + has + } a cause of action for compensation under
this { - act - } { + section + } in the circuit court
{ + for the county + } in which the real property is located
{ - , and the present owner of the real property shall be
entitled to reasonable attorney fees, expenses, costs, and other
disbursements reasonably incurred to collect the compensation - }
.
(7) { - A metropolitan service district, city, or county, or
state agency - } { + A public entity + } may adopt or apply
procedures for the processing of claims under this { - act - }
{ + section + }, but in no event shall these procedures act as
a prerequisite to the filing of a compensation claim under
subsection (6) of this { - act - } { + section + }, nor shall
the failure of an owner of property to file an application for a
land use permit with the local government serve as grounds for
dismissal, abatement { - , - } or delay of a compensation claim
under subsection (6) of this { - act - } { + section + }.
(8) Notwithstanding any other state statute or the availability
of funds under subsection (10) of this { - act - } { +
section + }, in lieu of payment of just compensation under this
{ - act - } { + section + }, the { - governing body - }
{ + public entity + } responsible for enacting the land use
regulation may { - modify, remove, or not to apply - }
{ + waive + } the land use regulation or land use regulations to
allow the owner to use the property for a use permitted { - at
the time - } { + when + } the owner acquired the property { +
as follows:
(a) If a valid claim for compensation is based on a state
statute, the state agency that administers the statute may decide
not to apply the statute.
(b) If a valid claim for compensation is based on a state
statute that is not administered by a state agency, the Oregon
Department of Administrative Services may decide not to apply the
statute + }.
(9) A decision by a { - governing body - } { + public
entity + } under this
{ - act shall - } { + section is + } not { - be
considered - } a land use decision as defined in ORS 197.015
{ - (10) - } .
(10) Claims made under this section { - shall - }
{ + must + } be paid from funds, if any, specifically allocated
by the { - legislature - } { + Legislative Assembly + }, city,
county, { + county service district with a master plan described
in ORS 451.010 (1) + } or metropolitan service district for
payment of claims under this { - act - } { + section + }.
Notwithstanding the availability of funds under this subsection,
a metropolitan service district, city, county, { + county
service district with a master plan described in ORS 451.010
(1) + } or state agency shall have discretion to use available
funds to pay claims or to modify, remove { - , - } or not apply
a land use regulation or land use regulations pursuant to
subsection { - (6) - } { + (8) + } of this { - act - }
{ + section + }. If a claim has not been paid within two years
from the date on which { - it - } { + the claim + } accrues,
the owner { - shall be - } { + is + } allowed to use the
property as permitted at the time the owner acquired the
property.
{ + (11)(a) If a public entity waives a land use regulation,
the waiver is transferable and remains effective until:
(A) Ten years after the date of the final decision in which the
waiver is approved if the claim is filed on or before December 2,
2006; or
(B) Two years after the date of the final decision in which the
waiver is approved if the claim is filed after December 2, 2006.
(b) When a use allowed pursuant to a waiver is substantially
implemented, the use has the legal status that would have applied
to the use if the use was lawfully established on the date the
owner who obtained the waiver acquired the property.
(c) A conveyance of the property that is subject to a valid
waiver does not affect the validity of the waiver.
(d) The time periods described in paragraph (a) of this
subsection are tolled during the time a final decision
implementing a waiver is on review or remand.
(e) As used in this subsection, 'substantially implemented '
means:
(A) For a land division, a final partition or final subdivision
plat has been recorded; or
(B) For all other uses, the use specified in the waiver has
vested. + }
{ - (11) - } { + (12) + } { - Definitions - for purposes
of - } { + As used in + } this section:
{ - (A) - } { + (a) + } 'Family member' shall include the
wife, husband, son, daughter, mother, father, brother,
brother-in-law, sister, sister-in-law, son-in-law,
daughter-in-law, mother-in-law, father-in-law, aunt, uncle,
niece, nephew, stepparent, stepchild, grandparent { - , - } or
grandchild of the owner of the property, an estate of any of the
foregoing family members { - , - } or a legal entity owned by
any one or combination of these family members or the owner of
the property.
{ - (B) - } { + (b) + } 'Land use regulation' shall
include:
{ - (i) - } { + (A) + } Any statute regulating the use of
land or { + of + } any interest therein;
{ - (ii) - } { + (B) + } Administrative rules and goals of
the Land Conservation and Development Commission;
{ - (iii) - } { + (C) + } Local government comprehensive
plans, zoning ordinances, land division ordinances { - , - }
and transportation ordinances;
{ - (iv) - } { + (D) + } Metropolitan service district
regional framework plans, functional plans, planning goals and
objectives; and
{ - (v) - } { + (E) + } Statutes and administrative rules
regulating farming and forest practices.
{ - (C) - } { + (c) + } 'Owner' is the present owner of the
property { - , - } or { + of + } any interest therein.
{ - (D) - } { + (d) + } 'Public entity' shall include the
state, a metropolitan service district, { + a county service
district with a master plan described in ORS 451.010 (1), + } a
city { - , or - } { + and + } a county.
{ + (e) 'Waive' means to modify, remove or not apply a land
use regulation that is a basis for a claim for compensation under
this section. + }
{ - (12) - } { + (13) + } The remedy created by this
{ - act - } { + section + } is in addition to any other remedy
under the Oregon or United States
{ - Constitutions - } { + Constitution + }, and is not
intended to modify or replace any other remedy.
{ - (13) - } { + (14) + } If any portion or portions of
this { - act - } { + section + } are declared invalid by a
court of competent jurisdiction, the remaining portions of this
{ - act - } { + section + } shall remain in full force and
effect.
{ +
CLAIMS PROCESS + }
SECTION 2. { + (1) An owner who files a claim for compensation
under section 2, chapter 1, Oregon Laws 2005 (Ballot Measure 37
(2004)), shall file the claim in the manner provided by this
section. If the property has more than one owner, the claim must
be signed by all holders of fee title or the claim must include a
signed statement of consent from each holder of fee title who
does not sign the claim.
(2) An owner who files a claim shall file the claim with each
public entity that enacted a land use regulation that is a basis
for the claim. For each lot or parcel of land owned, an owner may
file only one claim with each public entity for all land use
regulations enacted by the public entity and in effect when the
claim is filed.
(3) A public entity may impose a fee for the filing of a claim
in an amount not to exceed $1,000.
(4) An owner may withdraw a claim for compensation at any time
before the issuance of a final decision on the claim or the
expiration of the 180-day period described in subsection (5) of
this section, whichever is earlier.
(5) Except as provided in subsection (12) of this section, a
public entity shall issue a final decision on a claim filed under
this section within 180 days after receiving a complete claim as
described in this section. If the decision is not issued within
the time allowed by this subsection, the claim is deemed denied.
(6) If the claim is made against the state, the claim must be
filed with the Oregon Department of Administrative Services. If
the claim is made against a local public entity, the claim must
be filed with the chief administrative officer of the local
public entity, or with an individual designated by ordinance,
resolution or order of the local public entity.
(7) A claim must be in writing and must include:
(a) The name and address of each owner;
(b) The address, if any, and tax lot number of the property;
(c) For each owner, evidence of ownership of the property;
(d) Evidence of the date each owner acquired the property;
(e) If the claim is based on family relationship, evidence that
the property has been owned continuously by a family member as
required by section 3 (6) of this 2005 Act;
(f)(A) A list or description of the land use regulations that
the owner claims restrict the use of the property that is
adequate to allow the public entity to identify the specific
regulations that are the basis for the claim; or
(B) A description of the specific use of the property that the
owner intends to carry out but cannot because of a land use
regulation enacted by the public entity to which the claim is
submitted;
(g) For each land use regulation identified in paragraph (f) of
this subsection, a description of the manner in which the land
use regulation restricts the use of the property and a
description of the uses allowed when each owner or the relevant
family member of each owner acquired the property if:
(A) The public entity maintains a copy or archive of the land
use regulations that were in effect when the property was
acquired or otherwise maintains a record of the date of enactment
and amendment of land use regulations; and
(B) The public entity makes the copy, archive or other record
of the date of enactment and amendment of land use regulations
available to the claimant;
(h) Evidence that the land use regulations identified in
paragraph (f) of this subsection have reduced the fair market
value of the property, which may include a statement of reduction
in fair market value prepared in a manner consistent with the
rules of the Oregon Department of Administrative Services and the
Appraiser Certification and Licensure Board; and
(i) A description of the specific use of the property that the
owner intends to carry out if the public entity elects to waive a
land use regulation in lieu of paying compensation. The
description required by this paragraph need not include
engineering, survey or final design information.
(8) In addition to complying with the requirements of
subsection (7) of this section, a claim must include the fee, if
any, imposed by the public entity pursuant to subsection (3) of
this section.
(9) The public entity shall review a claim filed under this
section to determine whether the claim complies with subsections
(7) and (8) of this section. If the claim is incomplete, the
public entity shall notify the owner in writing of the
information or fee that is missing within 30 days after receiving
the claim and allow the owner to submit the missing information
or fee. The claim is complete when the public entity receives the
fee required by subsection (8) of this section and:
(a) The missing information;
(b) Part of the missing information and written notice from the
owner that the remainder of the missing information will not be
provided; or
(c) Written notice from the owner that none of the missing
information will be provided.
(10) If a public entity does not notify an owner within 30 days
after receiving a claim that information or the fee is missing
from the claim, the claim is complete when the claim is received.
(11) A claim filed under this section is deemed withdrawn if
the public entity gives notice to the owner under subsection (9)
of this section and the owner does not submit to the public
entity, within 180 days after the claim was filed, the fee
required by subsection (8) of this section and:
(a) The missing information;
(b) Part of the missing information and written notice that the
remainder of the missing information will not be provided; or
(c) Written notice that none of the missing information will be
provided.
(12) A public entity may extend the 180-day period described in
subsection (5) of this section for specified periods of time at
the written request of the owner.
(13) If the owner dies after a claim is filed and before a
final decision is made, a successor in interest of the owner may
continue the claim. + }
SECTION 3. { + (1) A public entity that receives a complete
claim for compensation as described in section 2 of this 2005 Act
shall provide notice of the claim at least 10 days before a
public hearing on the claim or, if there will not be a public
hearing, at least 15 days before the deadline for submission of
written comments to:
(a) All owners of the property;
(b) All persons described in ORS 197.763 (2);
(c) The Oregon Department of Administrative Services, unless
the claim was filed with the state government, as defined in ORS
174.111; and
(d) Other public entities that have enacted land use
regulations that apply to the property.
(2) The notice required under subsection (1) of this section
must describe the claim and state:
(a) Whether a public hearing will be held on the claim and the
date, time and location of the hearing or, if a public hearing
will not be held, the location and final date for submission of
written evidence and arguments relating to the claim;
(b) That judicial review of the final decision of a public
entity on the claim is limited to the evidence and arguments
submitted to the public entity; and
(c) That judicial review is available only for issues that are
raised with sufficient specificity to afford the public entity an
opportunity to respond.
(3) Except as provided in subsection (4) of this section,
evidence and arguments in proceedings on the claim must be
submitted to the public entity not later than:
(a) The close of the final public hearing on the claim; or
(b) If a public hearing is not held, a date that is specified
by the public entity in the notice given under subsection (1) of
this section.
(4) The owner who filed the claim may request additional time
to submit written evidence or arguments. The request must be made
before the close of the final public hearing on the claim or
before the final date established for submission of evidence and
arguments. If a public entity allows the owner additional time to
submit evidence and arguments, the public entity shall allow
members of the public the same period of time to submit
additional written evidence and arguments. If a member of the
public submits additional evidence or arguments during this time,
the public entity shall give the owner a final period of 14
additional calendar days in which to submit additional evidence
or arguments. Additional time provided under this subsection
tolls the 180-day period described in section 2 (5) of this 2005
Act.
(5) A public entity shall make the record on review of a claim,
including any staff reports, available to the public before the
close of the record as described in subsection (3) or (4) of this
section.
(6) A public entity may approve a claim under section 2,
chapter 1, Oregon Laws 2005 (Ballot Measure 37 (2004)), only if:
(a) The claim complies with section 2 (7) and (8) of this 2005
Act;
(b) A land use regulation enacted or enforced by the public
entity and specified in the claim imposes a restriction on the
owner's use of the property that did not exist:
(A) When the owner acquired the property; or
(B) If the relief granted is compensation and the owner or a
family member has owned the property continuously, when the owner
or a family member first acquired the property;
(c) The restriction on the owner's use of the property caused
by the land use regulation reduces the fair market value of the
property; and
(d) The land use regulation is not exempt under section 2,
chapter 1, Oregon Laws 2005 (Ballot Measure 37 (2004)).
(7) For the purpose of determining that the use referenced in
section 2 (7)(i) of this 2005 Act was permitted, the public
entity shall apply the relevant land use regulations and other
laws that governed the property when the owner acquired the
property.
(8) The decision to waive a land use regulation must specify
the use of the property for which the regulation is waived,
subject to compliance with land use regulations that have not
been waived.
(9) A public entity shall mail a copy of the final decision to
the owner who filed the claim and to the persons who submitted
evidence or arguments before the close of the record. The public
entity shall record the memorandum of a final decision or a copy
of the memorandum that approves a claim for compensation in the
deed records of the county in which the property is located. A
waiver becomes effective when the memorandum of a final decision
or a copy of the memorandum is recorded. The county clerk shall
record promptly in the deed and mortgage records of the county a
memorandum of a final decision or a copy of a memorandum of a
final decision presented for recording by the public entity
making the final decision or an owner of the property that is the
subject of the final decision.
(10) The division or use of property pursuant to a final
decision of a public entity to waive a land use regulation under
section 2, chapter 1, Oregon Laws 2005 (Ballot Measure 37
(2004)), must comply with the final decision and land use
regulations that have not been waived including, but not limited
to, land use regulations:
(a) Enacted by the state that have not been waived if the claim
is filed with a city, county or metropolitan service district; or
(b) Adopted by a city, county or metropolitan service district
that have not been waived if the claim is filed with the state.
(11) If a land use application based in whole or in part on a
waiver of land use regulations under section 2, chapter 1, Oregon
Laws 2005 (Ballot Measure 37 (2004)), is denied because the
application does not comply with land use regulations that could
have been considered during the processing of the claim but were
not considered, the applicant for the land use application may
file one additional claim with the public entity. The additional
claim is limited to consideration of land use regulations that
could have been considered as part of the original claim and that
are a basis for the denial of the land use application. + }
{ +
JUDICIAL REVIEW + }
SECTION 4. { + (1) The circuit court has exclusive
jurisdiction to review a final decision by a public entity on a
claim for compensation filed under section 2, chapter 1, Oregon
Laws 2005 (Ballot Measure 37 (2004)).
(2) A person who is adversely affected by a final decision of a
public entity under section 2, chapter 1, Oregon Laws 2005
(Ballot Measure 37 (2004)), and who participated in the claim
proceedings conducted by the public entity may seek judicial
review of the final decision by filing a petition in the circuit
court for the county in which the property is located and serving
a copy of the petition on the public entity in the manner
provided by ORCP 7. If the petitioner is not the claimant, the
petitioner shall name and serve both the public entity and the
claimant. The petition must be filed and served within 60 days
after a written final decision is mailed by the public entity.
(3) On the same day the petitioner serves the petition under
subsection (2) of this section, the petitioner shall mail notice
of the petition to the persons entitled to receive notice under
section 3 (9) of this 2005 Act. A person who is adversely
affected by the final decision of a public entity and who
participated in the claim proceeding conducted by the public
entity may intervene by filing a motion pursuant to ORCP 33 B
with the court within 21 days after the date the notice is mailed
to the person.
(4) A public entity shall file a certified copy of the record
with the court within 21 days after the date the public entity is
served with a copy of the petition. The record must contain the
decision, the application and all other evidence and arguments
submitted to the public entity before the close of the hearing or
the final date for submission of written evidence and arguments.
The court may extend the period for filing the record upon motion
by the public entity. Discovery is not allowed.
(5) When a public entity files the record with the court under
subsection (4) of this section, the public entity shall provide a
certified copy of the record to the petitioner and, if the
petitioner is not the claimant, to the claimant. The petitioner
and, if the petitioner is not the claimant, the claimant may
object to the record by motion filed with the court within 14
days after receipt of the copy of the record from the public
entity. The public entity may file a response to the objection
within 14 days after the date the objection is filed with the
court. The court may extend the deadlines under this subsection
or request additional briefing on the objection. The court shall
resolve objections to the record and notify the parties of the
date the record is final.
(6) The petitioner's opening brief and the opening brief of a
person who intervenes in support of the petitioner must be filed
with the court within 28 days after the date the record is final.
The respondent's brief and the response brief of a person who
intervenes in support of the respondent must be filed with the
court within 28 days after the date the petitioner's opening
brief is filed. The court may allow additional briefing.
(7) Briefs filed under subsection (6) of this section must
contain a statement indicating whether the party requests oral
argument. If a party requests oral argument, the court shall set
the case for argument as soon after the filing of the final brief
as practicable. The court must decide the case based on the
record before the public entity, the briefing and the oral
argument made to the court, without further testimony or
evidence.
(8) Except as provided in section 6 (3) to (5) of this 2005
Act, judicial review of a public entity's final decision on a
claim under section 2, chapter 1, Oregon Laws 2005 (Ballot
Measure 37 (2004)), is limited to the evidence in the record of
the public entity. Judicial review is available only for issues
that are raised before the public entity with sufficient
specificity to afford the public entity an opportunity to
respond.
(9) If two or more petitions are filed under this section for
judicial review of final decisions issued by public entities that
relate to property within a single tract, the court shall
consolidate the petitions into a single action when
practicable. + }
SECTION 5. { + The circuit court shall affirm the final
decision of a public entity on a claim filed under section 2,
chapter 1, Oregon Laws 2005 (Ballot Measure 37 (2004)), unless
the public entity:
(1) Exceeded the jurisdiction of the public entity;
(2) Failed to follow applicable procedures in a manner that
prejudiced the substantial rights of a party to the proceeding;
(3) Applied the criteria in section 3 (6) of this 2005 Act to
the evidence in the record erroneously;
(4) Improperly construed applicable law; or
(5) Issued a decision that is unconstitutional. + }
SECTION 6. { + (1) The circuit court shall issue:
(a) A judgment affirming the final decision of the public
entity;
(b) A judgment reversing the final decision of the public
entity because the court determines that relief is not due under
section 2, chapter 1, Oregon Laws 2005 (Ballot Measure 37
(2004)); or
(c) A judgment under subsection (3), (4) or (5) of this section
after issuing an order reversing the final decision of the public
entity, in whole or in part, that:
(A) Concludes that the public entity erred in determining the
amount of compensation, if any, provided for in the final
decision of the public entity;
(B) Specifies the land use regulations that the court
determines were improperly waived; or
(C) Specifies the land use regulations that the court
determines must be waived if the public entity elects to waive in
lieu of paying compensation.
(2) An order issued under subsection (1)(c) of this section is
appealable only as part of a judgment issued under subsection
(3), (4) or (5) of this section.
(3) Within 45 days after entry of an order under subsection
(1)(c) of this section, the public entity shall file notice with
the court stating whether the public entity intends to pay
compensation or waive the land use regulations specified in the
order. If the public entity does not file notice under this
subsection within 45 days after entry of the order:
(a) The public entity is deemed to have waived the land use
regulations specified in the order; and
(b) The court shall enter a judgment accordingly.
(4) Within 90 days after the public entity files notice with
the court under subsection (3) of this section stating that the
public entity intends to pay compensation, the public entity
shall obtain an appraisal of the reduction in the fair market
value of the property and provide a copy of the appraisal to the
owner. If the owner files notice with the court accepting the
appraisal, the court shall enter a judgment accordingly. If the
owner files notice with the court objecting to the appraisal:
(a) The owner shall obtain an appraisal and provide a copy to
the public entity within 90 days after the date the owner
received the public entity's appraisal; and
(b) If the public entity files notice with the court accepting
the appraisal, the court shall enter a judgment in the amount
identified by the appraisal provided by the owner.
(5) If the parties are unable to agree on an amount of
compensation after exchanging appraisals as required under
subsection (4) of this section, upon motion of either party, the
court shall schedule the matter for a hearing. The court shall
determine the amount of compensation due based on the appraisals
and other evidence received by the court. If the court determines
that the amount of compensation due exceeds the amount identified
in the public entity's appraisal:
(a) The public entity shall file notice with the court electing
to pay the amount of compensation determined by the court or to
waive the land use regulations specified in subsection (1)(c)(C)
of this section; and
(b) The court shall enter a judgment accordingly. + }
SECTION 7. { + An appeal from a judgment entered pursuant to
sections 4 to 7 of this 2005 Act must be filed in the manner
provided in ORS chapter 19. + }
{ +
MISCELLANEOUS + }
SECTION 7a. { + As used in sections 2 to 7a of this 2005 Act:
(1) 'Family member' has the meaning given that term in section
2, chapter 1, Oregon Laws 2005 (Ballot Measure 37 (2004)).
(2) 'Land use regulation' has the meaning given that term in
section 2, chapter 1, Oregon Laws 2005 (Ballot Measure 37
(2004)).
(3) 'Owner' has the meaning given that term in section 2,
chapter 1, Oregon Laws 2005 (Ballot Measure 37 (2004)).
(4) 'Public entity' has the meaning given that term in section
2, chapter 1, Oregon Laws 2005 (Ballot Measure 37 (2004)).
(5) 'Waive' has the meaning given that term in section 2,
chapter 1, Oregon Laws 2005 (Ballot Measure 37 (2004)). + }
SECTION 8. { + The unit captions used in this 2005 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2005 Act. + }
SECTION 9. { + (1) Sections 4 to 7 of this 2005 Act and the
amendments to chapter 1, Oregon Laws 2005 (Ballot Measure 37
(2004)), by section 1 of this 2005 Act apply to claims for
compensation filed under chapter 1, Oregon Laws 2005 (Ballot
Measure 37 (2004)), before, on or after the effective date of
this 2005 Act.
(2) Sections 2 and 3 of this 2005 Act apply to claims for
compensation filed under chapter 1, Oregon Laws 2005 (Ballot
Measure 37 (2004)), on or after the effective date of this 2005
Act. + }
SECTION 10. { + This 2005 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2005 Act takes effect on
its passage. + }
----------