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 2547
Senate Bill 833
Sponsored by Senator PROZANSKI, Representative MACPHERSON (at the
request of Association of Oregon Counties)
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.
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.
Sunsets January 2, 2009.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to land use regulations; 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.
(f) 'Waiver' means an action or decision to not apply a land
use regulation in response to a Measure 37 claim.
(2) Notwithstanding ORS 197.352 (4) and (6), if a Measure 37
claim was made on or after October 15, 2006, and before December
5, 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) Notwithstanding subsection (2) of this section, a public
entity shall approve a waiver as described in this section for a
claimant who made a Measure 37 claim on or after October 15,
2006, and before December 5, 2006, if:
(a) The public entity determines that the claimant is otherwise
entitled to the waiver under ORS 197.352; and
(b) The claimant executes and delivers to the public entity a
release of any other claim under ORS 197.352 in the form
prescribed by subsection (6) of this section.
(4) If a public entity approves a waiver under subsection (3)
of this section, the following land use regulations that were
enacted by the public entity do not apply to the claimant's use
of the property:
(a) Land use regulations that prevent the claimant from
establishing one single-family dwelling on a tract as defined in
ORS 215.010; or
(b) If the tract already contains one or more dwellings, the
creation of one additional parcel as defined in ORS 92.010 and
the establishment of one additional dwelling.
(5) A waiver under subsection (3) of this section must be
approved not more than 210 days after the Measure 37 claim was
made to the public entity.
(6) A release provided under subsection (3)(b) of this section
must be signed by all the owners of record of the tract for which
the waiver is granted, must be notarized and must contain
substantially the following language: + }
________________________________________________________________
{ + The undersigned owners(s) of the following described real
property in _____ County: insert legal description of the tract
has/have elected to establish a single-family dwelling on the
above described private real property or one new parcel and one
new single-family dwelling in lieu of any other claim, demand or
cause of action the owner or owners now have, or may in the
future have, for compensation under ORS 197.352. The owner or
owners hereby release any other claim, demand or cause of action
that the owner or owners may have now or in the future against a
public entity under ORS 197.352. This release runs with the land
and binds all heirs, successors and assigns of the owner or
owners. + }
________________________________________________________________
{ + (7) A public entity that receives a release under
subsection (3)(b) of this section may record the release in the
deed records of the county if the public entity issues a waiver
as described in subsections (3) and (4) of this section. + }
SECTION 3. { + Section 1 of this 2007 Act is repealed on
January 2, 2009. + }
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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