Chapter 195

195.020

(formerly 197.185)

NOTES OF DECISIONS

Though sewer authority alleged statutory responsibility for planning sewer systems, precluding county from adopting conflicting sewer policies in its comprehensive plan, county had authority, under ORS 197.175, consistent with state-wide planning goals, to adopt its own policies relating to sewer systems. Jackson County v. Bear Creek Authority, 293 Or 121, 645 P2d 532 (1982)

ATTY. GEN. OPINIONS: People’s Utility Districts as “special districts” within meaning of this section, (1978) Vol 38, p 1650;

educational system policy statements as appropriate elements of county comprehensive plans, (1978) Vol 38, p 1713

195.025

(formerly 197.190)

ATTY. GEN. OPINIONS: Educational policy statements as appropriate elements of county comprehensive plans, (1978) Vol 38, p 1713; consideration of availability of public school facilities in determining whether to approve subdivision, (1978) Vol 38, p 1956

LAW REVIEW CITATIONS: 68 OLR 983 (1989)

195.205 to 195.225

LAW REVIEW CITATIONS: 77 OLR 893 (1998)

195.300 to 195.336

LAW REVIEW CITATIONS: 46 WLR 577 (2010)

195.300

NOTES OF DECISIONS

For purposes of qualifying for Measure 49 claim, where real property is subject of recorded land sale contract, owner is purchaser of real property, not seller of real property. Burke v. Department of Land Conservation and Development, 241 Or App 658, 251 P3d 796 (2011)

195.305

(formerly 197.352)

NOTES OF DECISIONS

Requirement that state and local entities decide whether to pay just compensation or to modify, remove or not apply certain land use regulations does not divest legislative bodies of plenary power to enact future legislation. MacPherson v. Department of Administrative Services, 340 Or 117, 130 P3d 308 (2006)

Paying just compensation only to, or modifying, removing or not applying land use regulation only for, landowners who acquired property prior to enactment of regulation does not constitute unconstitutional denial of equal protection, suspension of law or waiver of sovereign immunity. MacPherson v. Department of Administrative Services, 340 Or 117, 130 P3d 308 (2006)

Authorizing governing body responsible for enacting land use regulation to determine whether to pay just compensation or to modify, remove or not apply regulation in certain instances does not unconstitutionally delegate executive powers to legislative body. MacPherson v. Department of Administrative Services, 340 Or 117, 130 P3d 308 (2006)

Land use regulations enacted to implement interstate compact regarding Columbia River Gorge National Scenic Area are regulations “required to comply with federal law.” Columbia River Gorge Commission v. Hood River County, 210 Or App 689, 152 P3d 997 (2007), Sup Ct review denied

Where administrative decision denies claimant is entitled to compensation at all, jurisdiction for appeal is with circuit court for county in which property is located. Emmel v. Department of Land Conservation and Development, 213 Or App 681, 162 P3d 354 (2007)

Notwithstanding ORS 215.427, criteria and standards established under Measure 37 waiver are of no effect. Pete’s Mountain Homeowners Association v. Clackamas County, 227 Or App 140, 204 P3d 802 (2009), Sup Ct review denied

LAW REVIEW CITATIONS: 36 EL 25, 53, 79, 131, 177, 187 (2006); 85 OLR 815, 1063 (2006); 38 EL 209, 1111 (2008); 45 WLR 313 (2008); 46 WLR 577 (2010)