[Grovenet] Party to fix Measure 37!

Thu Aug 30 17:15:23 PDT 2007

The window did not close on December 2006. After
December 2006 you had to have made an application with
a local government (i.e., paid a filing fee) and had
the application denied before the State would accept
your claim. M49 removes such claims for laws that were
enacted prior to the closing of the 2007 legislature.
M49 takes away claims for commercial use of land. Jim
--- Ron D'Eau Claire <ron at cobi.biz> wrote:

> Hmmm... I see where it specifically refers to
> residential use, "If a public
> entity enacts...one or more land use regulations
> that restrict the
> residential use of private real property...or a
> farming or forest practice
> and...that reduce the fair market value of the
> property...then the owner
> shall be entitled to just compensation..." 197.352
> (1) under HB 3540C. 
> 
> The fact that it specifically mentions residential
> use doesn't necessarily
> exclude commercial use as far as I can see. 
> 
> Para 5 says about timing, "For claims arising from
> land use regulations
> enacted prior to December 2, 2004, written demand
> for compensation...shall
> be made within two years of December 2, 2004, or the
> date the public entity
> applies the land use regulation as an approval
> criteria to an application
> submitted by the owner of the property whichever is
> LATER (emphasis mine).
> For claims arising from land use regulations enacted
> after December 2, 2004,
> written demand for compensation...shall be made
> within two years of the
> enactment of the land use regulation, or the date
> the owner of the property
> submits an application in which the land use
> regulation is an approval
> criteria, whichever is LATER." (again, my emphasis).
> 
> 
> I don't recall the M37 working offhand, but this
> sound like it reopens the
> window that closed in Dec 2006 for those who are
> only now making
> applications to build or who may be affected by
> future laws.
> 
> I'm referring to the full text at:
> 
>
http://www.sos.state.or.us/elections/nov62007/m49_text.pdf
> 
> 
> Ron D'Eau Claire 
> 
> 
> 
> -----Original Message-----
> From: grovenet-bounces at rdrop.com
> [mailto:grovenet-bounces at rdrop.com] On
> Behalf Of Jim Lucas
> Sent: Thursday, August 30, 2007 1:10 PM
> To: Forest Grove local interests list
> Subject: Re: [Grovenet] Party to fix Measure 37!
> 
> 
> It ends all rights for people who have not made
> claims
> that were still allowed to make claims under the "
> the
> two years from the law being enforce orapplied
> against
> you" window that Ballot Measure 37 allowed.  It also
> ends any claim for a commercial use. Jim Lucas
> --- Ron D'Eau Claire <ron at cobi.biz> wrote:
> 
> > At first glance, M49 looks pretty good.
> > 
> > I'm impressed that it makes the handling of claims
> > for building up to three
> > homes easier on the landowners.
> > 
> > It allows someone who has the right to build on
> > their property under M37 to
> > sell that right to someone else with the property
> -
> > thereby preserving the
> > value to the original owner.
> > 
> > It provides for more documentation required from
> > large subdividers who file
> > claims for permits and reimbursement (and
> reimburses subdividers for 
> > the cost of appraisals to document their claims,
> if the
> > claims are found valid).
> > 
> > 
> > It does restrict the issuance of permits to
> > subdivide (build 4 or more
> > houses) on high-value farmland. That's a big
> problem *everywhere*. The 
> > ideal land for a subdivision has low, rolling
> hills to
> > promote good drainage but
> > without slopes steep enough to make building
> > difficult. That happens to be
> > the ideal farmland too. It's little wonder that
> > farmland near any large
> > urban area tends to disappear first!
> > 
> > I understand it modifies the constitution. As M7
> demonstrated, that 
> > leaves open a whole range of issues and
> challenges.
> > 
> > A brief summary is at:
> > 
> >
>
http://www.sos.state.or.us/elections/nov62007/m49_es.pdf
> > 
> > And the full text is at:
> > 
> >
>
http://www.sos.state.or.us/elections/nov62007/m49_text.pdf
> > 
> > 
> > Ron D'Eau Claire
> > 
> > 
> > 
> > -----Original Message-----
> > From: grovenet-bounces at rdrop.com
> [mailto:grovenet-bounces at rdrop.com] 
> > On Behalf Of Alana Graham
> > Sent: Thursday, August 30, 2007 8:41 AM
> > To: Forest Grove local interests list
> > Subject: [Grovenet] Party to fix Measure 37!
> > 
> > 
> > WHAT:   You are invited to a gathering to discuss
> > and
> > support Measure 49 - the statewide ballot measure
> > this
> > November to protect our neighborhood, community
> and
> > state from unchecked growth.
> > 
> > WHEN: Wednesday, September 5 at 7 PM.
> > 
> > WHERE:  2000 SW 331st Street,  Hillsboro (The
> house
> > is
> > between Cornelius and Hillsboro. Turn off TV
> Highway
> > onto 331st St., continue to T in the road and bear
> > left. There will be signs.)
> > 
> > WHY:  When measure 37 appeared on the ballot, its
> > language made no reference to unregulated, large
> > scale development on
> > Oregon's farmland, forestland and
> > groundwater-restricted areas.  Yet that is
> > exactly what many of the M37 claims would result
> in,
> > as well as unchecked
> > changes to our landscape such as massive
> billboards,
> > new Walmarts, houses
> > built on floodplains and in landslide-sensitive
> > areas, buildings without
> > height limits and on and on. Measure 37 passed
> > statewide in 2004 and is
> > currently on the books in Oregon.
> > 
> > People on both sides of the issue agree:  Measure
> 37
> > is a mess, and must be clarified to end the chaos.
> > We
> > can expect a sophisticated and expensive ad
> campaign
> > by the lumber companies and big developers in
> > opposition to Measure 49. Help us combat this.
> > Please
> > come hear about Measure 49. It will provide basic
> > protections for neighborhoods, farmland,
> forestland
> > and ground water-restricted areas.
> > 
> > There will be refreshments and lively discussion
> > 
> > Questions:  Carol Woodford    503-357-2606
> > 
> >                      
> > 
> > 
> > 
> > 
> >        
> >
>
____________________________________________________________________________
> > ________
> > Take the Internet to Go: Yahoo!Go puts the
> Internet
> > in your pocket: mail,
> > news, photos & more.
> 
=== message truncated ===

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Jim L. Lucas
Attorney at Law
630 S. Main Street
P.O. Box 699
Banks, Oregon 97106
Telephone: 503-324-0114
Fax: 503-324-7203
1500 S.W. First Avenue
Portland, Oregon 97201
Voice(503)226-7986
Fax(503)223-0743

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