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 2000
Senate Bill 505
Sponsored by Senator PROZANSKI, Representative MACPHERSON (at the
request of Governor Theodore R. Kulongoski)
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.
Except for written demands for compensation for land use
regulations seeking to build one single-family dwelling or divide
land for purpose of building one single-family dwelling,
temporarily stops time periods relating to written demands for
compensation until June 30, 2007, or adjournment sine die,
whichever occurs first.
Preserves rights of claimants who die during time period
temporarily stopped.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to claims for compensation for land use regulation under
ORS 197.352; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) Section 2 of this 2007 Act does not apply
to a written demand for compensation made under ORS 197.352 or to
a use of private real property allowed based on a waiver if the
following requirements are met:
(a) The use of the private real property that is restricted
according to the demand or that is authorized by the waiver is:
(A) The establishment of one single-family dwelling on a tract;
or
(B) If a tract already contains one or more dwellings, the
establishment of one additional single-family dwelling and the
partition of the tract to create a separate parcel on which the
dwelling will be located.
(b) The private real property is located entirely outside an
urban growth boundary.
(c) The State of Oregon, the county in which the private real
property is located and any other public entity to which the
claim is made determine that the claimant is the owner of the
private real property and that the use restricted according to
the demand or authorized by a waiver was permitted when the
claimant acquired the private real property.
(d) The claimant provides a release to the county in which the
private real property is located. The county must record the
release if the public entities approve a waiver that authorizes
the use described in paragraph (a) of this subsection. The
release must contain substantially the following language: + }
________________________________________________________________
{ + My name is _____. I am an owner of the following
described real property in _____ County: insert legal
description of the tract that includes the private real property
.
I have elected to establish an additional single-family
dwelling on the above-described private real property in lieu of
any other claim, demand or cause of action I may have for
compensation under ORS 197.352. I hereby release any other claim,
demand or cause of action that I may have against a public entity
under ORS 197.352. This release runs with the land and binds my
heirs, successors and assigns. + }
________________________________________________________________
{ + (2) A new judicial action or petition may be filed
arising out of the action or failure to act of a public entity on
a written demand for compensation or a use of private real
property described in subsection (1) of this section. A new
notice of intent to appeal a land use decision related to an
application of any kind based on a waiver described in subsection
(1) of this section may be filed under ORS 197.830. + }
SECTION 2. { + (1) Except as provided in section 1 of this
2007 Act, during the period beginning on or after the effective
date of this 2007 Act and ending on June 30, 2007, or the date on
which the Seventy-fourth Legislative Assembly adjourns sine die,
whichever occurs first:
(a) The 180-day periods under ORS 197.352 (4) and (6) stop
running as to written demands for compensation under ORS 197.352
that are pending on or after the effective date of this 2007 Act.
A public entity may continue to receive and review written
demands for compensation under ORS 197.352, but the State of
Oregon may not issue a final order and a local government may not
issue a decision concerning the demand.
(b) A new judicial action or petition may not be filed arising
out of the action or failure to act of a public entity under ORS
197.352. A new notice of intent to appeal a land use decision
related to an application of any kind based on a waiver may not
be filed under ORS 197.830. For a judicial action, petition, or
notice of intent to appeal that may not be filed under this
paragraph, applicable time limits on the judicial action,
petition or notice of intent to appeal also stop running during
the period in which the judicial action, petition or notice may
not be filed.
(c) The two-year period under ORS 197.352 (10) stops running as
to a claim that may have accrued.
(d) Except as provided in subsection (2)(a) of this section:
(A) A person may not file, with a state agency or a local
government, an application of any kind that is based on a waiver.
If an application of any kind that is based on a waiver was filed
before the effective date of this 2007 Act, the state agency may
not issue a final order and the local government may not issue a
decision on the application. All time limitations related to the
applications covered by this paragraph stop running.
(B) A person may not use private real property based on a
waiver.
(2) This section does not affect:
(a) The legal rights of an owner of private real property to
complete or continue a use of private real property that was
authorized by a building permit lawfully issued on or before
January 1, 2007.
(b) A judicial action, petition or notice of intent to appeal
under ORS 197.830 that was filed before the effective date of
this 2007 Act. + }
SECTION 3. { + If a claimant is an individual, the right to
prosecute the claimant's written demand and any rights to use
private real property provided by waiver:
(1) Are not affected by the death of the claimant if the death
occurs on or after the effective date of this 2007 Act and on or
before June 30, 2007, or on or before the date on which the
Seventy-fourth Legislative Assembly adjourns sine die, whichever
occurs first; and
(2) Pass to the person who acquires the private real property
by devise or by operation of law. + }
SECTION 4. { + As used in sections 1 to 4 of this 2007 Act:
(1) 'Claimant' means the person or persons who made the written
demand to a public entity under ORS 197.352.
(2) 'Land use regulation' has the meaning given that term in
ORS 197.352.
(3) 'Owner' has the meaning given that term in ORS 197.352.
(4) 'Parcel' has the meaning given that term in ORS 92.010.
(5) 'Public entity' has the meaning given that term in ORS
197.352.
(6) 'Tract' has the meaning given that term in ORS 215.010.
(7) 'Urban growth boundary' has the meaning given that term in
ORS 195.060.
(8) 'Waiver' means an action or decision of a public entity
under ORS 197.352 to modify, remove or not apply one or more land
use regulations to allow the owner to use private real property
for a use permitted when the owner acquired the property. + }
SECTION 5. { + (1) Sections 1 to 4 of this 2007 Act are
repealed on June 30, 2007, or on the date the regular session of
the Seventy-fourth Legislative Assembly adjourns sine die,
whichever occurs first.
(2) All periods and time limitations that stop running pursuant
to section 2 of this 2007 Act begin running again on June 30,
2007, or on the date the regular session of the Seventy-fourth
Legislative Assembly adjourns sine die, whichever occurs
first. + }
SECTION 6. { + 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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