74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to A-Eng. HB 3540
 
LC 3823/HB 3540-A24
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3540
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                              May 1
 
  On page 1 of the printed A-engrossed bill, line 3, delete '
limiting'.
  In line 4, delete 'expenditures;'.
  Delete lines 20 and 21 and insert:
  ' (4) 'Fair market value' means the value of property as
determined under section 21b of this 2007 Act.'.
  On page 2, line 29, after the semicolon insert 'or'.
  In line 30, delete the semicolon and insert a period.
  Delete lines 31 through 41 and insert:
  ' (f) Land that is in an exclusive farm use zone and that is no
more than 3,000 feet above mean sea level, with an aspect between
67.5 and 292.5 degrees and a slope between zero and 15 percent,
and that is located within:
  ' (A) The portion of the Columbia Gorge viticultural area as
described in 27 C.F.R. 9.178 that is within the State of Oregon;
  ' (B) The Rogue Valley viticultural area as described in 27
C.F.R. 9.132;
  ' (C) The portion of the Columbia Valley viticultural area as
described in 27 C.F.R. 9.74 that is within the State of Oregon;
  ' (D) The portion of the Walla Walla Valley viticultural area
as described in 27 C.F.R. 9.91 that is within the State of
Oregon; or
  ' (E) The portion of the Snake River Valley viticultural area
as described in 27 C.F.R. 9.208 that is within the State of
Oregon.'.
  On page 3, line 17, delete 'residentially zoned' and after '
property' insert 'zoned for residential use'.
  On page 5, line 25, after '(4)' insert '(a)'.
  After line 27, insert:
  ' (b) Subsection (3)(b) of this section does not apply to any
farming or forest practice regulation that is enacted after May
15, 2007, unless the primary purpose of the regulation is the
protection of public health and safety.
  ' (c) Subsection (3)(c) of this section does not apply to any
farming or forest practice regulation that is enacted after May
15, 2007, unless the public entity enacting the regulation has no
discretion under federal law to decline to enact the
regulation.'.
  On page 16, delete lines 34 through 37 and insert:
  ' (a) Any reduction in the fair market value of the property by
reason of the enactment of a farming or forest practice
regulation;
  ' (b) A reduction of 10 percent or more in the fair market
value of the property by reason of the enactment of one land use
regulation, other than a farming or forest practice regulation;
or
  ' (c) A reduction of 25 percent or more in the fair market
value of the property by reason of the enactment of two or more
land use regulations that are not farming or forest practice
regulations during any five-year period.'.
  On page 17, line 18, delete 'was not residential use' and after
'enacted' insert 'was not the use that was restricted by the land
use regulation'.
  On page 20, line 6, after the period insert 'A determination by
a public entity under sections 5 to 11 or 12 to 14 of this 2007
Act is not a land use decision.'.
  Delete lines 44 and 45 and insert:
  '  { +  SECTION 20. + } An appraiser certified under ORS
674.310 or a person registered under ORS chapter 308 may carry
out the appraisals required by sections 5 to 22 of this 2007
Act.'.
  On page 21, after line 20, insert:
  '  { +  SECTION 21b. + }  { + For the purposes of sections 5 to
22 of this 2007 Act, the fair market value of property is the
amount of money, in cash, that the property would bring if the
property was offered for sale by a person who desires to sell the
property but is not obligated to sell the property, and if the
property was bought by a person who was willing to buy the
property but not obligated to buy the property. The fair market
value is the actual value of property, with all of the property's
adaptations to general and special purposes. The fair market
value of property does not include any prospective value,
speculative value or possible value based upon future
expenditures and improvements. + } ' .
  Delete lines 31 through 37.
  In line 41, delete '24' and insert '23'.
  On page 22, line 39, delete '25' and insert '24'.
  In line 42, delete '26' and insert '25'.
  In line 44, delete ' ___  Bill ___ ' and insert 'House Bill
2083'.
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