74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3843
 
                           A-Engrossed
 
                         House Bill 3546
                  Ordered by the House April 26
            Including House Amendments dated April 26
 
Sponsored by Representative MACPHERSON, Senator PROZANSKI
 
 
                             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.
 
  Allows public entity additional   { -  ___ - }   { + 360 + }
days to review and act on certain Measure 37 claims before
property owner is entitled to just compensation and may file
civil action.   { - Requires public entity to issue waiver to
certain Measure 37 claimants for specified uses if public entity
determines that claimant is otherwise entitled to waiver and
claimant releases any other claim under Measure 37. - }
  Appropriates moneys from General Fund to Department of Land
Conservation and Development for costs of reviewing Measure 37
claims during extended review period.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to an extension of time for review of demands for
  compensation by reason of land use regulations; appropriating
  money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 197. + }
  SECTION 2.  { + (1) As used in this section:
  (a) 'Claimant' means a person that makes a Measure 37 claim.
  (b) 'Measure 37 claim' means a written demand for compensation
under ORS 197.352.
  (c) 'Land use regulation' has the meaning given that term in
ORS 197.352.
  (d) 'Owner' has the meaning given that term in ORS 197.352.
  (e) 'Public entity' has the meaning given that term in ORS
197.352.
  (2) Notwithstanding ORS 197.352 (4) and (6), if a Measure 37
claim was made on or after November 1, 2006:
  (a) Just compensation under ORS 197.352 is due the owner of the
property from the public entity only if the land use regulation
continues to be enforced against the property 540 days after the
Measure 37 claim is made to the public entity; and
  (b) The owner of the subject property has a cause of action for
compensation under ORS 197.352 (6) only if a land use regulation
continues to apply to the subject property more than 540 days
after the Measure 37 claim is made.
  (3) If a claimant is an individual, the ability to make or
prosecute a Measure 37 claim is not affected by the death of the
claimant during the extended review period provided by subsection
(2) of this section, and the ability to make or prosecute a
Measure 37 claim for property that belonged to the claimant
passes to the person who acquires the property by devise or by
operation of law. + }
  SECTION 3.  { + There is appropriated to the Department of Land
Conservation and Development, for the biennium beginning July 1,
2007, out of the General Fund, the amount of $100,000 for the
purpose of paying the costs of the department related to review
of written demands for compensation under ORS 197.352 during the
extended review period provided by section 2 of this 2007
Act. + }
  SECTION 4.  { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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