75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to SB 945
LC 3629/SB 945-8
SENATE AMENDMENTS TO
SENATE BILL 945
By COMMITTEE ON JUDICIARY
April 23
On page 1 of the printed bill, line 2, after 'provisions; '
delete the rest of the line and line 3 and insert 'amending ORS
205.246 and sections 5, 6, 7, 8 and 11, chapter 424, Oregon Laws
2007; and declaring an emergency.'.
Delete lines 5 through 32 and delete pages 2 and 3 and insert:
' { + SECTION 1. + } { + Sections 2, 3, 4, 5, 6, 7, 8 and 9
of this 2009 Act are added to and made a part of sections 5 to
11, chapter 424, Oregon Laws 2007. + }
' { + SECTION 2. + } { + (1) Subject to section 7 of this
2009 Act and subsections (2) and (3) of this section, a claimant
that filed a timely election under section 8, chapter 424, Oregon
Laws 2007, to pursue compensation as described in section 5 (3),
chapter 424, Oregon Laws 2007, is eligible to pursue relief under
this section and section 6, chapter 424, Oregon Laws 2007.
' (2) A claimant is not eligible to pursue relief under this
section if the claimant has been determined to have a common law
vested right as described in section 5 (3), chapter 424, Oregon
Laws 2007, in a final judgment, or final order, that is not
subject to further appeal.
' (3) A claimant must elect to pursue relief under this section
on or before December 31, 2009, in the manner prescribed pursuant
to section 6 of this 2009 Act.
' (4) The Department of Land Conservation and Development shall
review claims under this section using the procedures established
pursuant to section 6 of this 2009 Act. + }
' { + SECTION 3. + } { + (1) Notwithstanding the requirement
in section 5, chapter 424, Oregon Laws 2007, that a claim under
ORS 195.305 be filed before June 28, 2007, and notwithstanding
the requirement in section 6 (7) and 7 (9), chapter 424, Oregon
Laws 2007, that a claim comply with applicable rules of the Land
Conservation and Development Commission, a claimant is eligible
to pursue relief under this section and section 6, chapter 424,
Oregon Laws 2007, if the claimant satisfies the requirements of
subsection (2) of this section and either:
' (a) Filed a valid claim for just compensation under ORS
195.305 with the appropriate county on or before December 4,
2006, and with the state on or after December 4, 2006, and before
December 6, 2007; or
' (b) Submitted a land use application before June 28, 2007,
that was a prerequisite to filing a valid claim for just
compensation on or after December 4, 2006, and filed the claim
with the state before December 6, 2007.
' (2) A claimant described in subsection (1) of this section is
eligible to pursue relief under this section and section 6,
chapter 424, Oregon Laws 2007, if the claimant:
' (a) Did not receive notice and an opportunity to file an
election under section 8 (3), chapter 424, Oregon Laws 2007, and
the claimant makes an election to pursue relief under this
section on or before December 31, 2009, in the manner prescribed
pursuant to section 6 of this 2009 Act;
' (b) Received notice and made a timely election under section
8 (3), chapter 424, Oregon Laws 2007, to pursue relief under
section 7, chapter 424, Oregon Laws, 2007, but received a
preliminary decision of denial from the Department of Land
Conservation and Development before the claimant could submit an
appraisal; or
' (c) Received notice and made a timely election under section
8 (3), chapter 424, Oregon Laws 2007, to pursue relief under
section 6, chapter 424, Oregon Laws, 2007.
' (3) The Department of Land Conservation and Development shall
review claims under this section using the procedures established
pursuant to section 6 of this 2009 Act. + }
' { + SECTION 4. + } { + (1) Notwithstanding the requirement
in sections 5 (1) and 6 (6), chapter 424, Oregon Laws 2007, that
the property be located entirely outside any urban growth
boundary and entirely outside any city, a claimant is eligible to
pursue relief under this section if the majority of the property
described in the claim is outside an urban growth boundary and
the claimant made a timely election under section 8 (3), chapter
424, Oregon Laws 2007, to pursue relief under section 6, chapter
424, Oregon Laws 2007.
' (2) A claimant described in subsection (1) of this section is
eligible to pursue relief under this section and section 6,
chapter 424, Oregon Laws 2007.
' (3) The Department of Land Conservation and Development shall
review claims under this section using the procedures established
pursuant to section 6 of this 2009 Act. + }
' { + SECTION 5. + } { + (1) Notwithstanding the requirement
in section 6 (6), chapter 424, Oregon Laws 2007, that the
claimant must have filed a claim for the property with the state
and with the county in which the property is located, a claimant
is eligible to pursue relief under this section if the claimant
filed a claim only with the state and the claimant made a timely
election under section 8 (3), chapter 424, Oregon Laws 2007, to
pursue relief under section 6, chapter 424, Oregon Laws 2007.
' (2) A claimant described in subsection (1) of this section is
eligible to pursue relief under this section and section 6,
chapter 424, Oregon Laws 2007.
' (3) The Department of Land Conservation and Development shall
review claims under this section using the procedures established
pursuant to section 6 of this 2009 Act. + }
' { + SECTION 6. + } { + (1) The Land Conservation and
Development Commission shall adopt rules establishing the
procedure for processing eligible claims under sections 2 to 5 of
this 2009 Act.
' (2) The Department of Land Conservation and Development shall
issue a final order on or before December 31, 2010, for claims
reviewed under sections 2 to 5 of this 2009 Act. + }
' { + SECTION 7. + } { + A claimant is not entitled to
implement relief under the theory of common law vested right and
under sections 5 to 11, chapter 424, Oregon Laws 2007. + }
' { + SECTION 8. + } { + The Department of Land Conservation
and Development shall issue a final order on or before June 30,
2010, for claims reviewed under section 6 or 7, chapter 424,
Oregon Laws 2007, as those sections were in effect on January 1,
2009. + }
' { + SECTION 9. + } { + Notwithstanding the requirement of
section 8 (4), chapter 424, Oregon Laws 2007, that the Department
of Land Conservation and Development review claims in the order
received, upon a recommendation of the Compensation and
Conservation Ombudsman appointed under ORS 195.320 that a
hardship exists, made in the discretion of the ombudsman, the
Director of the Department of Land Conservation and Development
may, in the discretion of the director, advance up to 100 claims
for priority processing in cases of demonstrated hardship. + }
' { + SECTION 10. + } Section 5, chapter 424, Oregon Laws
2007, is amended to read:
' { + Sec. 5. + } A claimant that filed a claim under ORS
{ - 197.352 - } { + 195.305 + } on or before { - the date of
adjournment sine die of the 2007 regular session of the
Seventy-fourth Legislative Assembly - } { + June 28, 2007, + }
is entitled to just compensation as provided in:
' (1) Section 6 or 7 { - of this 2007 Act - } , { + chapter
424, Oregon Laws 2007, + } at the claimant's election, if the
property described in the claim is located entirely outside any
urban growth boundary and entirely outside the boundaries of any
city;
' (2) Section 9 { - of this 2007 Act - } { + , chapter 424,
Oregon Laws 2007, + } if the property described in the claim is
located, in whole or in part, within { + the boundaries of a
city or within + } an urban growth boundary; or
' (3) A waiver issued before { - the effective date of this
2007 Act - } { + December 6, 2007, + } to the extent that the
claimant's use of the property complies with the waiver and the
claimant has a common law vested right on { - the effective
date of this 2007 Act - } { + December 6, 2007, + } to complete
and continue the use described in the waiver.
' { + SECTION 11. + } Section 6, chapter 424, Oregon Laws
2007, is amended to read:
' { + Sec. 6. + } (1) { + (a) + } A claimant that filed a
claim under ORS
{ - 197.352 - } { + 195.305 + } on or before { - the date
of adjournment sine die of the 2007 regular session of the
Seventy-fourth Legislative Assembly - } { + June 28, 2007, + }
is eligible for three home site approvals on the property if the
requirements of this section and { + :
' (A) + }Sections 8 and 11 { - of this 2007 Act - } { + ,
chapter 424, Oregon Laws 2007, + } are met { - . - } { + ;
' (B) Section 2 of this 2009 Act and section 11, chapter 424,
Oregon Laws 2007, are met;
' (C) Section 3 of this 2009 Act and section 11, chapter 424,
Oregon Laws 2007, are met;
' (D) Section 4 of this 2009 Act and section 11, chapter 424,
Oregon Laws 2007, are met; or
' (E) Section 5 of this 2009 Act and section 11, chapter 424,
Oregon Laws 2007, are met.
' (b) + } The procedure for obtaining home site approvals under
this section is set forth in section 8 { - of this 2007 Act - }
{ + , chapter 424, Oregon Laws 2007, or, for sections 2 to 5 of
this 2009 Act, is established pursuant to section 6 of this 2009
Act + }.
' (2) The number of lots, parcels or dwellings that may be
approved for property under this section may not exceed the
lesser of:
' (a) The number of lots, parcels or dwellings described in a
waiver issued by the state before { - the effective date of
this 2007 Act - } { + December 6, 2007, + }or, if a waiver was
not issued, the number of lots, parcels or dwellings described in
the claim filed with the state; or
' (b) Three, except that if there are existing dwellings on the
property or the property contains more than one lot or parcel,
the number of lots, parcels or dwellings that may be established
is reduced so that the combined number of lots, parcels or
dwellings, including existing lots, parcels or dwellings located
on or contained within the property, does not exceed three.
' (3) Notwithstanding subsection (2) of this section, a
claimant that otherwise qualifies for relief under this section
may establish at least one additional lot, parcel or dwelling on
the property. In addition, if the number of lots, parcels or
dwellings described in a waiver issued by the state before
{ - the effective date of this 2007 Act - } { + December 6,
2007, + } or, if a waiver was not issued, the number of lots,
parcels or dwellings described in the claim filed with the state
is more than three, the claimant may amend the claim to reduce
the number to no more than three by filing notice of the
amendment with the form required by section 8
{ - of this 2007 Act - } { + , chapter 424, Oregon Laws 2007,
or, for sections 2 to 5 of this 2009 Act, in the manner
established pursuant to section 6 of this 2009 Act + }.
' (4) If a claim was for a use other than a subdivision or
partition of property, or other than approval for establishing a
dwelling on the property, the claimant may amend the claim to
seek one or more home site approvals under this section. A person
amending a claim under this subsection may not make a claim under
section 7 { - of this 2007 Act - } { + , chapter 424, Oregon
Laws 2007 + }.
' (5) If multiple claims were filed for the same property, the
number of lots, parcels or dwellings that may be established for
purposes of subsection (2)(a) of this section is the number of
lots, parcels or dwellings in the most recent waiver issued by
the state before { - the effective date of this 2007 Act - }
{ + December 6, 2007, + } or, if a waiver was not issued, the
most recent claim filed with the state, but not more than three
in any case.
' (6) To qualify for a home site approval under this section,
the claimant must have filed a claim for the property with both
the state and the county in which the property is located. In
addition, regardless of whether a waiver was issued by the state
or the county before { - the effective date of this 2007
Act - } { + December 6, 2007 + }, to qualify for a home site
approval under this section the claimant must establish that:
' (a) The claimant is an owner of the property;
' (b) All owners of the property have consented in writing to
the claim;
' (c) The property is located entirely outside any urban growth
boundary and entirely outside the boundaries of any city;
' (d) One or more land use regulations prohibit establishing
the lot, parcel or dwelling;
' (e) The establishment of the lot, parcel or dwelling is not
prohibited by a land use regulation described in ORS
{ - 197.352 (3) - } { + 195.305 (3) + }; and
' (f) On the claimant's acquisition date, the claimant lawfully
was permitted to establish at least the number of lots, parcels
or dwellings on the property that are authorized under this
section.
' (7) If the claim was filed after December 4, 2006, to issue a
home site approval under this section, the Department of Land
Conservation and Development must verify that the claim was filed
in compliance with the applicable rules of the Land Conservation
and Development Commission and the Oregon Department of
Administrative Services.
' (8) Except as provided in section 11 { - of this 2007
Act - } { + , chapter 424, Oregon Laws 2007 + }, if the
Department of Land Conservation and Development has issued a
final order with a specific number of home site approvals for a
property under this section, the claimant may seek other
governmental authorizations required by law for the partition or
subdivision of the property or for the development of any
dwelling authorized, and a land use regulation enacted by the
state or county that has the effect of prohibiting the partition
or subdivision, or the dwelling, does not apply to the review of
those authorizations.
' { + SECTION 12. + } Section 7, chapter 424, Oregon Laws
2007, is amended to read:
' { + Sec. 7. + } (1) A claimant that filed a claim under ORS
{ - 197.352 - } { + 195.305 + } on or before { - the date
of adjournment sine die of the 2007 regular session of the
Seventy-fourth Legislative Assembly - } { + June 28, 2007, + }
for property that is not high-value farmland or high-value
forestland and that is not in a ground water restricted area is
eligible for four to 10 home site approvals for the property if
the requirements of this section and sections 8 and 11 { - of
this 2007 Act - } { + , chapter 424, Oregon Laws 2007, + } are
met. The procedure for obtaining home site approvals under this
section is set forth in section 8 { - of this 2007 Act - }
{ + , chapter 424, Oregon Laws 2007 + }.
' (2) The number of lots, parcels or dwellings that may be
established on the property under this section may not exceed the
lesser of:
' (a) The number of lots, parcels or dwellings described in a
waiver issued by the state before { - the effective date of
this 2007 Act - } { + December 6, 2007, + } or, if a waiver was
not issued, the number of lots, parcels or dwellings described in
the claim filed with the state;
' (b) Ten, except that if there are existing dwellings on the
property or the property contains more than one lot or parcel,
the number of lots, parcels or dwellings that may be established
is reduced, so that the combined number of lots, parcels or
dwellings, including existing lots, parcels or dwellings located
on or contained within the property, does not exceed 10; or
' (c) The number of home site approvals with a total value that
represents just compensation for the reduction in fair market
value caused by the enactment of one or more land use regulations
that were the basis for the claim, as set forth in subsection (6)
of this section.
' (3) If the number of lots, parcels or dwellings described in
a waiver issued by the state before { - the effective date of
this 2007 Act - } { + December 6, 2007, + } or, if a waiver was
not issued, the number of lots, parcels or dwellings described in
the claim filed with the state is more than 10, the claimant may
amend the claim to reduce the number to no more than 10 by filing
notice of the amendment with the form required by section 8
{ - of this 2007 Act - } { + , chapter 424, Oregon Laws
2007 + }.
' (4) If multiple claims were filed for the same property, the
number of lots, parcels or dwellings that may be established for
purposes of subsection (2)(a) of this section is the number of
lots, parcels or dwellings in the most recent waiver issued by
the state before { - the effective date of this 2007 Act - }
{ + December 6, 2007, + } or, if a waiver was not issued, the
most recent claim filed with the state, but not more than 10 in
any case.
' (5) To qualify for a home site approval under this section,
the claimant must have filed a claim for the property with both
the state and the county in which the property is located. In
addition, regardless of whether a waiver was issued by the state
or the county before { - the effective date of this 2007
Act - } { + December 6, 2007, + } to qualify for a home site
approval under this section, the claimant must establish that:
' (a) The claimant is an owner of the property;
' (b) All owners of the property have consented in writing to
the claim;
' (c) The property is located entirely outside any urban growth
boundary and entirely outside the boundaries of any city;
' (d) One or more land use regulations prohibit establishing
the lot, parcel or dwelling;
' (e) The establishment of the lot, parcel or dwelling is not
prohibited by a land use regulation described in ORS
{ - 197.352 (3) - } { + 195.305 (3) + };
' (f) On the claimant's acquisition date, the claimant lawfully
was permitted to establish at least the number of lots, parcels
and dwellings on the property that are authorized under this
section; and
' (g) The enactment of one or more land use regulations, other
than land use regulations described in ORS { - 197.352 (3) - }
{ + 195.305 (3) + }, that are the basis for the claim caused a
reduction in the fair market value of the property that is equal
to or greater than the fair market value of the home site
approvals that may be established on the property under
subsection (2) of this section, with the reduction in fair market
value measured as set forth in subsection (6) of this section.
' (6) The reduction in the fair market value of the property
caused by the enactment of one or more land use regulations that
were the basis for the claim is equal to the decrease, if any, in
the fair market value of the property from the date that is one
year before the enactment of the land use regulation to the date
that is one year after the enactment, plus interest. If the claim
is based on the enactment of more than one land use regulation
enacted on different dates, the reduction in the fair market
value of the property caused by each regulation shall be
determined separately and the values added together to calculate
the total reduction in fair market value. The reduction in fair
market value shall be adjusted by any ad valorem property taxes
not paid as a result of any special assessment of the property
under ORS 308A.050 to 308A.128, 321.257 to 321.390, 321.700 to
321.754 or 321.805 to 321.855, plus interest, offset by any
severance taxes paid by the claimant and by any recapture of
potential additional tax liability that the claimant has paid or
will pay for the property if the property is disqualified from
special assessment under ORS 308A.703. Interest shall be computed
under this subsection using the average interest rate for a
one-year United States Government Treasury Bill on December 31 of
each year of the period between the date the land use regulation
was enacted and the date the claim was filed, compounded annually
on January 1 of each year of the period.
' (7) For the purposes of subsection (6) of this section, a
claimant must provide an appraisal showing the fair market value
of the property one year before the enactment of the land use
regulation that was the basis for the claim and the fair market
value of the property one year after the enactment. The appraisal
also must show the fair market value of each home site approval
to which the claimant is entitled under { - section 6 (2) of
this 2007 Act - } { + subsection (2) of this section + }, along
with evidence of any ad valorem property taxes not paid, any
severance taxes paid and any recapture of additional tax
liability that the claimant has paid or will pay for the property
if the property is disqualified from special assessment under ORS
308A.703. The actual and reasonable cost of preparing the claim,
including the cost of the appraisal, not to exceed $5,000, may be
added to the calculation of the reduction in fair market value
under subsection (6) of this section. The appraisal must:
' (a) Be prepared by a person certified under ORS chapter 674
or a person registered under ORS chapter 308;
' (b) Comply with the Uniform Standards of Professional
Appraisal Practice, as authorized by the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989; and
' (c) Expressly determine the highest and best use of the
property at the time the land use regulation was enacted.
' (8) Relief may not be granted under this section if the
highest and best use of the property was not residential use at
the time the land use regulation was enacted.
' (9) If the claim was filed after December 4, 2006, to issue a
home site approval under this section, the Department of Land
Conservation and Development must verify that the claim was filed
in compliance with the applicable rules of the Land Conservation
and Development Commission and the Oregon Department of
Administrative Services.
' (10) Except as provided in section 11 { - of this 2007
Act - } { + , chapter 424, Oregon Laws 2007 + }, if the
Department of Land Conservation and Development has issued a
final order with a specific number of home site approvals for the
property under this section, the claimant may seek other
governmental authorizations required by law for the subdivision
or partition of the property or for the development of any
dwelling authorized, and a land use regulation enacted by the
state or county that has the effect of prohibiting the
subdivision or partition, or the dwelling, does not apply to the
review of those authorizations.
' { + SECTION 13. + } Section 8, chapter 424, Oregon Laws
2007, is amended to read:
' { + Sec. 8. + } (1) No later than 120 days after { - the
effective date of this 2007 Act - } { + December 6, 2007 + },
the Department of Land Conservation and Development shall send
notice to all the following claimants that filed a claim for
property outside an urban growth boundary:
' (a) A claimant whose claim was denied by the state before
{ - the effective date of this 2007 Act - } { + December 6,
2007 + }, but who may become eligible for just compensation
because of { - section 21 (2) of this 2007 Act - } { + ORS
195.328 (2) + } or any other provision of
{ - sections 5 to 22 of this 2007 Act - } { + ORS 195.305 to
195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007 + };
' (b) A claimant whose claim was approved by the state before
{ - the effective date of this 2007 Act - } { + December 6,
2007 + }; and
' (c) A claimant whose claim has not been approved or denied by
the state before { - the effective date of this 2007 Act - }
{ + December 6, 2007 + }.
' (2) The notice required by subsection (1) of this section
must:
' (a) Explain the claimant's options if the claimant wishes to
subdivide, partition or establish a dwelling on the property
under { - sections 5 to 22 of this 2007 Act - } { + ORS
195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws
2007 + };
' (b) Identify any information that the claimant must file; and
' (c) Provide a form for the claimant's use.
' (3) A claimant must choose whether to proceed under section 6
or 7 { - of this 2007 Act - } { + , chapter 424, Oregon Laws
2007, + } by filing the form provided by the department within
{ - 90 - } { + 97 + } days after the date the department mails
the notice and form required under subsection (1) of this
section. In addition, the claimant must file any information
required in the notice. If the claimant fails to file the form
within { - 90 - } { + 97 + } days after the date the
department mails the notice, the claimant is not entitled to
relief under section 6 or 7 { - of this 2007 Act - } { + ,
chapter 424, Oregon Laws 2007 + }.
' (4) The department shall review the claims in the order in
which the department receives the forms required under subsection
(3) of this section. In addition to reviewing the claim, the
department shall review the department's record on the claim, the
form required under subsection (3) of this section, any new
material from the claimant and any other information required by
{ - sections 5 to 22 of this 2007 Act - } { + ORS 195.305 to
195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, + }
to ensure that the requirements of this section and section 6 or
7 { - of this 2007 Act - } { + , chapter 424, Oregon Laws
2007, + } are met. The department shall provide a copy of the
material submitted by the claimant to the county where the
property is located and consider written comments from the county
that are timely filed with the department. If the department
determines that the only land use regulations that restrict the
claimant's use of the property are regulations that were enacted
by the county, the department shall transfer the claim to the
county where the property is located and the claim shall be
processed by the county in the same manner as prescribed by this
section for the processing of claims by the department. The
county must consider any written comments from the department
that are timely filed with the county.
' (5) If the claimant elects to obtain relief under section 7
{ - of this 2007 Act - } { + , chapter 424, Oregon Laws
2007 + }, the claimant must file an appraisal that establishes
the reduction in the fair market value of the property as
required by section 7 (6) { - of this 2007 Act - } { + ,
chapter 424, Oregon Laws 2007 + }. The actual and reasonable cost
of preparing the claim, including the cost of the appraisal, not
to exceed $5,000, may be added to the calculation of the
reduction in fair market value under section 7 (6) { - of this
2007 Act - } { + , chapter 424, Oregon Laws 2007 + }. The
appraisal must be filed with the department or, if the claim is
being processed by the county, with the county within 180 days
after the date the claimant files the election to obtain relief
under section 7 { - of this 2007 Act - } { + , chapter 424,
Oregon Laws 2007 + }. A claimant that elects to obtain relief
under section 7 { - of this 2007 Act - } { + , chapter 424,
Oregon Laws 2007, + } may change that election to obtain relief
under section 6 { - of this 2007 Act - } { + , chapter 424,
Oregon Laws 2007 + }, but only if the claimant provides written
notice of the change on or before the date the appraisal is
filed. If a county is processing the claim, the county may impose
a fee for the review of a claim under section 7 { - of this
2007 Act - } { + , chapter 424, Oregon Laws 2007, + } in an
amount that does not exceed the actual and reasonable cost of the
review.
' (6) The department or the county shall review claims as
quickly as possible, consistent with careful review of the claim.
The department shall report to the Joint Legislative Audit
Committee on or before March 31, 2008, concerning the
department's progress and the counties' progress in completing
review of claims under sections 6 and 7 { - of this 2007
Act - } { + , chapter 424, Oregon Laws 2007 + }.
' (7) The department's final order and a county's final
decision on a claim under section 6 or 7 { - of this 2007
Act - } { + , chapter 424, Oregon Laws 2007, + } must either
deny the claim or approve the claim. If the order or decision
approves the claim, the order or decision must state the number
of home site approvals issued for the property and may contain
other terms that are necessary to ensure that the use of the
property is lawful.
' { + SECTION 14. + } Section 11, chapter 424, Oregon Laws
2007, is amended to read:
' { + Sec. 11. + } (1) A subdivision or partition of
property, or the establishment of a dwelling on property,
authorized under sections 5 to 11 { - of this 2007 Act - }
{ + , chapter 424, Oregon Laws 2007, + } must comply with all
applicable standards governing the siting or development of the
dwelling, lot or parcel including, but not limited to, the
location, design, construction or size of the dwelling, lot or
parcel. However, the standards must not be applied in a manner
that has the effect of prohibiting the establishment of the
dwelling, lot or parcel authorized under sections 5 to 11
{ - of this 2007 Act - } { + , chapter 424, Oregon Laws
2007, + } unless the standards are reasonably necessary to avoid
or abate a nuisance, to protect public health or safety or to
carry out federal law.
' { + (2) If the property described in a claim is bisected by
an urban growth boundary, any new dwelling, lot or parcel
established on the property pursuant to an order under section 6,
chapter 424, Oregon Laws 2007, must be located on the portion of
the property outside the urban growth boundary. + }
' { - (2) - } { + (3) + } Before beginning construction of
any dwelling authorized under section 6 or 7 { - of this 2007
Act - } { + , chapter 424, Oregon Laws 2007 + }, the owner must
comply with the requirements of ORS 215.293 if the property is in
an exclusive farm use zone, a forest zone or a mixed farm and
forest zone.
' { - (3)(a) - } { + (4)(a) + } A city or county may approve
the creation of a lot or parcel to contain a dwelling authorized
under sections 5 to 11 { - of this 2007 Act - } { + , chapter
424, Oregon Laws 2007 + }. However, a new lot or parcel located
in an exclusive farm use zone, a forest zone or a mixed farm and
forest zone may not exceed:
' (A) Two acres if the lot or parcel is located on high-value
farmland, on high-value forestland or on land within a ground
water restricted area; or
' (B) Five acres if the lot or parcel is not located on
high-value farmland, on high-value forestland or on land within a
ground water restricted area.
' (b) If the property is in an exclusive farm use zone, a
forest zone or a mixed farm and forest zone, the new lots or
parcels created must be clustered so as to maximize suitability
of the remnant lot or parcel for farm or forest use.
' { - (4) - } { + (5) + } If an owner is authorized to
subdivide or partition more than one property, or to establish
dwellings on more than one property, under sections 5 to 11
{ - of this 2007 Act - } { + , chapter 424, Oregon Laws
2007, + } and the properties are in an exclusive farm use zone, a
forest zone or a mixed farm and forest zone, the owner may
cluster some or all of the dwellings, lots or parcels on one of
the properties if that property is less suitable than the other
properties for farm or forest use. If one of the properties is
zoned for residential use, the owner may cluster some or all of
the dwellings, lots or parcels that would have been located in an
exclusive farm use zone, a forest zone or a mixed farm and forest
zone on the property zoned for residential use.
' { - (5) - } { + (6) + } An owner is not eligible for more
than 20 home site approvals under sections 5 to 11 { - of this
2007 Act - } { + , chapter 424, Oregon Laws 2007 + }, regardless
of how many properties that person owns or how many claims that
person has filed.
' { - (6) - } { + (7) + } An authorization to partition or
subdivide the property, or to establish dwellings on the
property, granted under section 6, 7 or 9 { - of this 2007
Act - } { + , chapter 424, Oregon Laws 2007, + } runs with the
property and may be either transferred with the property or
encumbered by another person without affecting the authorization.
There is no time limit on when an authorization granted under
section 6, 7 or 9 { - of this 2007 Act - } { + , chapter 424,
Oregon Laws 2007, + } must be carried out, except that once the
owner who obtained the authorization conveys the property to a
person other than the owner's spouse or the trustee of a
revocable trust in which the owner is the settlor, the subsequent
owner of the property must create the lots or parcels and
establish the dwellings authorized by a waiver under section 6, 7
or 9 { - of this 2007 Act - } { + , chapter 424, Oregon Laws
2007, + } within 10 years of the conveyance. In addition:
' (a) A lot or parcel lawfully created based on an
authorization under section 6, 7 or 9 { - of this 2007 Act - }
{ + , chapter 424, Oregon Laws 2007, + } remains a discrete lot
or parcel, unless the lot or parcel lines are vacated or the lot
or parcel is further divided, as provided by law; and
' (b) A dwelling or other residential use of the property based
on an authorization under section 6, 7 or 9 { - of this 2007
Act - } { + , chapter 424, Oregon Laws 2007, + } is a permitted
use and may be established or continued by the claimant or a
subsequent owner, except that once the claimant conveys the
property to a person other than the claimant's spouse or the
trustee of a revocable trust in which the claimant is the
settlor, the subsequent owner must establish the dwellings or
other residential use authorized under section 6, 7 or 9 { - of
this 2007 Act - } { + , chapter 424, Oregon Laws 2007, + }
within 10 years of the conveyance.
' { - (7) - } { + (8) + } When relief has been claimed under
sections 5 to 11 { - of this 2007 Act - } { + , chapter 424,
Oregon Laws 2007 + }:
' (a) Additional relief is not due; and
' (b) An additional claim may not be filed, compensation is not
due and a waiver may not be issued with regard to the property
under { - sections 5 to 22 of this 2007 Act or ORS 197.352 - }
{ + ORS 195.305 to 195.336 and sections 5 to 11, chapter 424,
Oregon Laws 2007, or ORS 195.305 + }as in effect immediately
before { - the effective date of this 2007 Act - }
{ + December 6, 2007 + }, except with respect to a land use
regulation enacted after January 1, 2007.
' { - (8) - } { + (9) + } A person that is eligible to be a
holder as defined in ORS 271.715 may acquire the rights to carry
out a use of land authorized under sections 5 to 11 { - of this
2007 Act - } { + , chapter 424, Oregon Laws 2007, + } from a
willing seller in the manner provided by ORS 271.715 to 271.795.
Metro, cities and counties may enter into cooperative agreements
under ORS chapter 195 to establish a system for the purchase and
sale of severable development interests as described in ORS
94.531. A system established under this subsection may provide
for the transfer of severable development interests between the
jurisdictions of the public entities that are parties to the
agreement for the purpose of allowing development to occur in a
location that is different from the location in which the
development interest arises.
' { - (9) - } { + (10) + } If a claimant is an individual,
the entitlement to prosecute the claim under section 6, 7 or 9
{ - of this 2007 Act - } { + , chapter 424, Oregon Laws
2007, + } and an authorization to use the property provided by a
waiver under section 6, 7 or 9 { - of this 2007 Act - } { + ,
chapter 424, Oregon Laws 2007 + }:
' (a) Is not affected by the death of the claimant if the death
occurs on or after { - the effective date of this 2007 Act - }
{ + December 6, 2007 + }; and
' (b) Passes to the person that acquires the property by devise
or by operation of law.
' { + SECTION 15. + } ORS 205.246, as amended by section 3,
chapter 48, Oregon Laws 2008, is amended to read:
' 205.246. (1) The county clerk shall record the following
instruments required or permitted by law to be recorded and
entered in the office of the county clerk:
' (a) Financing statements recorded in the office of the county
clerk under ORS 79.0501 (1)(a);
' (b) Hospital and physician liens recorded under ORS 87.565;
' (c) Federal tax liens and certificates and notices affecting
federal tax liens recorded under ORS 87.806;
' (d) Cooperative contracts recorded under ORS 62.360;
' (e) Special district assessments attaching to real property;
' (f) Lien foreclosure statements recorded under ORS 87.202;
' (g) A certified copy of the judgment or a lien record
abstract or other liens affecting the title to real property;
' (h) Building code exemptions required under ORS 455.320 and
455.345;
' (i) Construction liens recorded under ORS 87.050;
' (j) Liens upon chattels recorded under ORS 87.246;
' (k) Liens on real property recorded under ORS 87.372;
' (L) Employee benefit plan liens recorded under ORS 87.860;
' (m) Attorney liens recorded under ORS 87.455 and 87.460;
' (n) Long term care liens recorded under ORS 87.517;
' (o) Ambulance services liens recorded under ORS 87.623;
' (p) Community property records recorded under ORS 108.530;
' (q) Sheriff transfer of records recorded under ORS 206.100;
' (r) Corrected instruments required under ORS 205.244;
' (s) Mineral and mining records required under ORS 517.030,
517.052, 517.160, 517.180, 517.210, 517.220, 517.280, 517.310 and
517.320;
' (t) Copies of records certified by a county clerk or court
clerk;
' (u) Subdivision and partition plats recorded under ORS
92.140;
' (v) Condominiums recorded under ORS chapter 100;
' (w) Requests for notice of transfer or encumbrance or
terminations of requests for notice of transfer or encumbrance
presented for recordation under ORS 411.694;
' (x) Bankruptcy documents presented for recordation under ORS
93.770;
' (y) A written warranty agreement under ORS 701.605; and
' (z) An order or decision under section 8 (7), chapter 424,
Oregon Laws 2007, { + or section 6 of this 2009 Act + } that is
final by operation of law or on appeal.
' (2) The county clerk shall charge and collect fees specified
in ORS 205.320, 205.327 and 205.350 for recording an instrument
required to be recorded under subsection (1) of this section.
' (3) Indexes may be maintained for instruments recorded under
subsection (1) of this section in the same manner as provided in
ORS 205.160.
' { + SECTION 16. + } { + Section 17 of this 2009 Act is
added to and made a part of sections 5 to 11, chapter 424, Oregon
Laws 2007. + }
' { + SECTION 17. + } { + (1) The Department of Land
Conservation and Development shall investigate:
' (a) The number of claimants that filed claims only with a
county under ORS 195.305, as in effect immediately before
December 6, 2007; and
' (b) Why the claimants described in paragraph (a) of this
subsection filed claims only with the county.
' (2) If requested to do so by the department, a county shall
provide the department with a list of the claims described in
subsection (1) of this section and copies of the claims.
' (3) The department shall investigate:
' (a) The number of claims that were filed under section 7,
chapter 424, Oregon Laws 2007, in which the claimant failed to
file an appraisal or to make an election to seek relief under
section 6, chapter 424, Oregon Laws 2007; and
' (b) Why the claimants described in paragraph (a) of this
subsection failed to file an appraisal or to make an election to
seek relief under section 6, chapter 424, Oregon Laws 2007.
' (4) The department shall report its findings to an
appropriate interim committee of the Legislative Assembly on or
before December 31, 2009. + }
' { + SECTION 18. + } { + The amendments to section 7 (7),
chapter 424, Oregon Laws 2007, by section 12 of this 2009 Act
apply to claims for compensation made before, on or after the
effective date of this 2009 Act. + }
' { + SECTION 19. + } { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage. + } ' .
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