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Court Decision Thickens Measure 37 Plot
February 02, 2007
Author: CFM Staff
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Measure 37 claimants who demonstrate land use regulations have resulted in property value loss, but aren't granted a full waiver of regulations are eligible for a judicial review, according to a new Oregon Court of Appeals ruling.
Land use experts are still studying the new ruling, but an initial reaction is that it could spark more legal action in connection with claims that are determined to be valid.
The decision relates to a Measure 37 claim in Clackamas County in which the claimants asserted the state Department of Land Conservation and Development failed to grant a waiver that sufficiently compensated them for their property loss.
The court, in an opinion released this week, said persons who establish valid Measure 37 claims are entitled to due process to contest the value of their compensation or land use waiver.
The Joint Committee on Land Use Fairness took testimony at its Thursday hearing on the new ruling, which adds more fuel to concerns by state and local governmental agencies about the cost of administering Measure 37 claims and related legal actions. A number of governmental agencies have testified they have diverted planning and legal staff resources to process Measure 37 claims and address legal issues.
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