2007 Oregon Code - Chapter 195 :: Chapter 195 - Local Government Planning Coordination
Chapter 195
Local Government Planning Coordination
2007 EDITION
LOCAL GOVERNMENT PLANNING COORDINATION
MISCELLANEOUS MATTERS
COORDINATION AGREEMENTS
(Agreements Generally)
195.020 Special
district planning responsibilities; agreements with local governments and
Metropolitan Service District
195.025 Regional
coordination of planning activities; alternatives
195.034 Alternate
population forecast
195.036 Area
population forecast; coordination
195.040 Annual
county reports on comprehensive planning compliance
(Urban Service Agreements)
195.060 Definitions
195.065 Agreements
required; contents; county responsibilities
195.070 Agreement
factors
195.075 Agreement
provisions and considerations
195.080 Application
of comprehensive plans and land use regulations
195.085 Compliance
deadlines
(School Facility Planning)
195.110 School
facility plan for large school districts
195.115 Reducing
barriers for pedestrian and bicycle access to schools
PARKS
195.120 Rules
and planning goal amendments for parks required; allowable uses; application of
certain land use laws
195.125 Existing
uses in state parks; approval by local governments
URBAN AND RURAL RESERVES
195.137 Definitions
for ORS 195.137 to 195.145
195.139 Legislative
findings
195.141 Designation
of rural reserves and urban reserves pursuant to intergovernmental agreement;
rules
195.143 Coordinated
and concurrent process for designation of rural reserves and urban reserves
195.145 Urban
reserves; when required; limitation; rules
URBAN SERVICE PROVIDER ANNEXATION
(Temporary provisions relating to requirements for annexation of
certain industrial lands are compiled as notes preceding ORS 195.205)
195.205 Annexation
by provider; prerequisites to vote; public hearing
195.210 Election
procedures
195.215 Election
certification; order
195.220 Annexation
plan provisions
195.225 Boundary
commission review; action; plan amendment; election
195.235 Application
of other annexation procedures
LANDSLIDE HAZARD AREAS
195.250 Definitions
for ORS 195.250 to 195.260
195.253 Policy
195.256 Legislative
findings
195.260 Duties
of local governments, state agencies and landowners in landslide hazard areas
JUST
195.300 Definitions
for ORS 195.300 to 195.336
195.301 Legislative
findings
195.305 Compensation
for restriction of use of real property due to land use regulation
(Temporary provisions relating to previously filed claims are compiled
as notes following ORS 195.305)
195.308 Exception
to requirement for compensation
195.310 Claim
for compensation; calculation of reduction in fair market value; highest and
best use of restricted property; status of use authorized
195.312 Procedure
for processing claims; fees
195.314 Notice
of claim; evidence and argument; record on review; final determination
195.316 Notice
of Measure 37 permit
195.318 Judicial
review
195.320 Ombudsman
195.322 Duties
of ombudsman
195.324 Effect
of certain applications or petitions on right to relief
195.326 Qualification
of appraisers; review of appraisals
195.328 Acquisition
date of claimant
195.330 Filing
date of documents
195.332 Fair
market value of property
195.334 Effect
of invalidity
195.336 Compensation
and Conservation Fund
MISCELLANEOUS
195.850 Reporting
local government boundary changes to certain mass transit districts
Note: Definitions in 197.015 apply to ORS chapter
195.
COORDINATION
AGREEMENTS
(Agreements
Generally)
195.020
Special district planning responsibilities; agreements with local governments
and Metropolitan Service District. (1) Special districts shall exercise their planning duties, powers and
responsibilities and take actions that are authorized by law with respect to
programs affecting land use, including a city or special district boundary
change as defined in ORS 197.175 (1), in accordance with goals approved
pursuant to ORS chapters 195, 196 and 197.
(2) A county assigned coordinative
functions under ORS 195.025 (1), or the Metropolitan Service District, which is
assigned coordinative functions for
(3) The appropriate city and county and,
if within the boundaries of the Metropolitan Service District, the Metropolitan
Service District, shall enter into a cooperative agreement with each special
district that provides an urban service within an urban growth boundary. The
appropriate city and county, and the Metropolitan Service District, may enter
into a cooperative agreement with any other special district operating within
an urban growth boundary.
(4) The agreements described in subsection
(2) of this section shall conform to the requirements of paragraphs (a) to (d),
(f) and (g) of this subsection. The agreements described in subsection (3) of
this section shall:
(a) Describe how the city or county will
involve the special district in comprehensive planning, including plan
amendments, periodic review and amendments to land use regulations;
(b) Describe the responsibilities of the
special district in comprehensive planning, including plan amendments, periodic
review and amendments to land use regulations regarding provision of urban
services;
(c) Establish the role and responsibilities
of each party to the agreement with respect to city or county approval of new
development;
(d) Establish the role and
responsibilities of the city or county with respect to district interests
including, where applicable, water sources, capital facilities and real
property, including rights of way and easements;
(e) Specify the units of local government
which shall be parties to an urban service agreement under ORS 195.065;
(f) If a Metropolitan Service District is
a party to the agreement, describe how the Metropolitan Service District will
involve the special district in the exercise of the Metropolitan Service
Districts regional planning responsibilities; and
(g) Contain such other provisions as the
Land Conservation and Development Commission may require by rule.
(5) Agreements required under subsections
(2) and (3) of this section are subject to review by the commission. The
commission may provide by rule for periodic submission and review of
cooperative agreements to insure that they are consistent with acknowledged
comprehensive plans. [Formerly 197.185]
195.025
Regional coordination of planning activities; alternatives. (1) In addition to the responsibilities
stated in ORS 197.175, each county, through its governing body, shall be
responsible for coordinating all planning activities affecting land uses within
the county, including planning activities of the county, cities, special
districts and state agencies, to assure an integrated comprehensive plan for
the entire area of the county. In addition to being subject to the provisions
of ORS chapters 195, 196 and 197 with respect to city or special district
boundary changes, as defined by ORS 197.175 (1), the governing body of the
Metropolitan Service District shall be considered the county review, advisory
and coordinative body for Multnomah, Clackamas and Washington Counties for the
areas within that district.
(2) For the purposes of carrying out ORS
chapters 195, 196 and 197, counties may voluntarily join together with adjacent
counties as authorized in ORS 190.003 to 190.620.
(3) Whenever counties and cities
representing 51 percent of the population in their area petition the Land
Conservation and Development Commission for an election in their area to form a
regional planning agency to exercise the authority of the counties under
subsection (1) of this section in the area, the commission shall review the
petition. If it finds that the area described in the petition forms a
reasonable planning unit, it shall call an election in the area on a date
specified in ORS 203.085, to form a regional planning agency. The election
shall be conducted in the manner provided in ORS chapter 255. The county clerk
shall be considered the elections officer and the commission shall be
considered the district elections authority. The agency shall be considered
established if the majority of votes favor the establishment.
(4) If a voluntary association of local
governments adopts a resolution ratified by each participating county and a
majority of the participating cities therein which authorizes the association
to perform the review, advisory and coordination functions assigned to the
counties under subsection (1) of this section, the association may perform such
duties. [Formerly 197.190]
195.034
Alternate population forecast.
(1) If the coordinating body under ORS 195.025 (1) has adopted, within 10 years
before a city initiates an evaluation or amendment of the citys urban growth
boundary, a population forecast as required by ORS 195.036 that no longer
provides a 20-year forecast for an urban area, a city may propose a revised
20-year forecast for its urban area by extending the coordinating bodys
current urban area forecast to a 20-year period using the same growth trend for
the urban area assumed in the coordinating bodys current adopted forecast.
(2) If the coordinating body has not
adopted a forecast as required by ORS 195.036 or if the current forecast was
adopted more than 10 years before the city initiates an evaluation or amendment
of the citys urban growth boundary, a city may propose a 20-year forecast for
its urban area by:
(a) Basing the proposed forecast on the
population forecast prepared by the Office of Economic Analysis for the county
for a 20-year period that commences when the city initiates the evaluation or
amendment of the citys urban growth boundary; and
(b) Assuming that the urban areas share
for the forecasted county population determined in paragraph (a) of this
subsection will be the same as the urban areas current share of the county
population based on the most recent certified population estimates from
Portland State University and the most recent data for the urban area published
by the United States Census Bureau.
(3)(a) If the coordinating body does not
take action on the citys proposed forecast for the urban area under subsection
(1) or (2) of this section within six months after the citys written request
for adoption of the forecast, the city may adopt the extended forecast if:
(A) The city provides notice to the other
local governments in the county; and
(B) The city includes the adopted forecast
in the comprehensive plan, or a document included in the plan by reference, in
compliance with the applicable requirements of ORS 197.610 to 197.650.
(b) If the extended forecast is adopted
under paragraph (a) of this subsection consistent with the requirements of
subsection (1) or (2) of this section:
(A) The forecast is deemed to satisfy the
requirements of a statewide land use planning goal relating to urbanization to
establish a coordinated 20-year population forecast for the urban area; and
(B) The city may rely on the population
forecast as an appropriate basis upon which the city and county may conduct the
evaluation or amendment of the citys urban growth boundary.
(4) The process for establishing a
population forecast provided in this section is in addition to and not in lieu
of a process established by goal and rule of the Land Conservation and
Development Commission. [2007 c.689 §1]
Note: 195.034 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 195 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
195.035 [Formerly 197.255; repealed by 1995 c.547 §6
(195.036 enacted in lieu of 195.035)]
195.036
Area population forecast; coordination. The coordinating body under ORS 195.025 (1) shall establish and
maintain a population forecast for the entire area within its boundary for use
in maintaining and updating comprehensive plans, and shall coordinate the
forecast with the local governments within its boundary. [1995 c.547 §7
(enacted in lieu of 195.035)]
195.040
Annual county reports on comprehensive planning compliance. Upon the expiration of one year after the
date of the approval of the goals and guidelines and annually thereafter, each
county governing body, upon request of the Land Conservation and Development
Commission, shall report to the commission on the status of comprehensive plans
within each county. Each report shall include:
(1) Copies of comprehensive plans reviewed
by the county governing body and copies of land use regulations applied to
areas of critical state concern within the county.
(2) For those areas or jurisdictions
within the county without comprehensive plans, a statement and review of the
progress made toward compliance with the goals. [Formerly 197.260]
(Urban
Service Agreements)
195.060
Definitions. As used in ORS
195.020, 195.065 to 195.085 and 197.005, unless the context requires otherwise:
(1) District has the meaning given that
term in ORS 198.010. In addition, the term includes a county service district
organized under ORS chapter 451.
(2) Urban growth boundary means an
acknowledged urban growth boundary contained in a city or county comprehensive
plan or an acknowledged urban growth boundary that has been adopted by a
metropolitan service district council under ORS 268.390 (3).
(3) Urban service has the meaning given
that term in ORS 195.065. [1993 c.804 §12]
195.065
Agreements required; contents; county responsibilities. (1) Under ORS 190.003 to 190.130, units of
local government and special districts that provide an urban service to an area
within an urban growth boundary that has a population greater than 2,500
persons, and that are identified as appropriate parties by a cooperative
agreement under ORS 195.020, shall enter into urban service agreements that:
(a) Specify whether the urban service will
be provided in the future by a city, county, district, authority or a
combination of one or more cities, counties, districts or authorities.
(b) Set forth the functional role of each
service provider in the future provision of the urban service.
(c) Determine the future service area for
each provider of the urban service.
(d) Assign responsibilities for:
(A) Planning and coordinating provision of
the urban service with other urban services;
(B) Planning, constructing and maintaining
service facilities; and
(C) Managing and administering provision
of services to urban users.
(e) Define the terms of necessary
transitions in provision of urban services, ownership of facilities, annexation
of service territory, transfer of moneys or project responsibility for projects
proposed on a plan of the city or district prepared pursuant to ORS 223.309 and
merger of service providers or other measures for enhancing the cost efficiency
of providing urban services.
(f) Establish a process for review and
modification of the urban service agreement.
(2)(a) Each county shall have
responsibility for convening representatives of all cities and special
districts that provide or declare an interest in providing an urban service
inside an urban growth boundary within the county, for the purpose of
negotiating an urban service agreement. A county may establish two or more
subareas inside an urban growth boundary for the purpose of such agreements. If
an urban service is to be provided within the boundaries of a Metropolitan
Service District, a county shall notify the Metropolitan Service District in
advance of the time for cities and special districts to meet for the purpose of
negotiating an urban service agreement, and the Metropolitan Service District
shall exercise its review, advisory and coordination functions under ORS
195.025.
(b) When negotiating for an urban service
agreement, a county shall consult with recognized community planning
organizations within the area affected by the urban service agreement.
(3) Decisions on a local government
structure to be used to deliver an urban service under ORS 195.070 are not land
use decisions under ORS 197.015.
(4) For purposes of ORS 195.020, 195.070,
195.075, 197.005 and this section, urban services means:
(a) Sanitary sewers;
(b) Water;
(c) Fire protection;
(d) Parks;
(e) Open space;
(f) Recreation; and
(g) Streets, roads and mass transit.
(5) Whether the requirement of subsection
(1) of this section is met by a single urban service agreement among multiple
providers of a service, by a series of agreements with individual providers or
by a combination of multiprovider and single-provider agreements shall be a
matter of local discretion. [1993 c.804 §3]
195.070
Agreement factors. (1) The
following factors shall be considered in establishing urban service agreements
under ORS 195.065:
(a) Financial, operational and managerial
capacity to provide the service;
(b) The effect on the cost of the urban
service to the users of the service, the quality and quantity of the service
provided and the ability of urban service users to identify and contact service
providers, and to determine their accountability, with ease;
(c) Physical factors related to the
provision of the urban service;
(d) The feasibility of creating a new
entity for the provision of the urban service;
(e) The elimination or avoidance of
unnecessary duplication of facilities;
(f) Economic, demographic and sociological
trends and projections relevant to the provision of the urban service;
(g) The allocation of charges among urban
service users in a manner that reflects differences in the costs of providing
services to the users;
(h) Matching the recipients of tax
supported urban services with the payers of the tax;
(i) The equitable allocation of costs
between new development and prior development; and
(j) Economies of scale.
(2) The extent of consideration of the
factors set forth in subsection (1) of this section is a matter of local
government and special district discretion. [1993 c.804 §4]
195.075
Agreement provisions and considerations. (1) Urban service agreements entered into under ORS 195.065 shall
provide for the continuation of an adequate level of urban services to the
entire area that each provider serves. If an urban service agreement calls for
significant reductions in the territory of a special service district, the
urban service agreement shall specify how the remaining portion of the district
is to receive services in an affordable manner.
(2) Units of local government and special
districts that enter into an urban service agreement shall consider the
agreements effect on the financial integrity and operational ability of each
service provider and its protection of the solvency and commitments of affected
service providers. When an urban service agreement provides for the
elimination, consolidation or reduction in size of a service provider, the
urban service agreement shall address:
(a) The capital debt of the provider and
short- and long-term finances;
(b) Rates;
(c) Employee compensation, benefits and
job security; and
(d) Equality of service. [1993 c.804 §5]
195.080
Application of comprehensive plans and land use regulations. Nothing in ORS 195.020, 195.060 to 195.085,
195.205 to 195.235, 197.005, 197.319, 197.320, 197.335 and 223.304 shall be
construed to prevent planning for, installation of or connection to public
facilities or services consistent with acknowledged comprehensive plans and
land use regulations. [1993 c.804 §6]
195.085
Compliance deadlines. (1) No
later than the first periodic review that begins after November 4, 1993, local
governments and special districts shall demonstrate compliance with ORS 195.020
and 195.065.
(2) The Land Conservation and Development
Commission may adjust the deadline for compliance under this section when
cities and counties that are parties to an agreement under ORS 195.020 and
195.065 are scheduled for periodic review at different times.
(3) Local governments and special
districts that are parties to an agreement in effect on November 4, 1993, which
provides for the future provision of an urban service shall demonstrate
compliance with ORS 195.065 no later than the date such agreement expires or
the second periodic review that begins after November 4, 1993, whichever comes
first. [1993 c.804 §§7,8]
(School
Facility Planning)
195.110
School facility plan for large school districts. (1) As used in this section, large school
district means a school district that has an enrollment of over 2,500 students
based on certified enrollment numbers submitted to the Department of Education
during the first quarter of each new school year.
(2) A city or county containing a large
school district shall:
(a) Include as an element of its
comprehensive plan a school facility plan prepared by the district in
consultation with the affected city or county.
(b) Initiate planning activities with a
school district to accomplish planning as required under ORS 195.020.
(3) The provisions of subsection (2)(a) of
this section do not apply to a city or a county that contains less than 10
percent of the total population of the large school district.
(4) The large school district shall select
a representative to meet and confer with a representative of the city or
county, as described in subsection (2)(b) of this section, to accomplish the
planning required by ORS 195.020 and shall notify the city or county of the
selected representative. The city or county shall provide the facilities and
set the time for the planning activities. The representatives shall meet at
least twice each year, unless all representatives agree in writing to another
schedule, and make a written summary of issues discussed and proposed actions.
(5)(a) The school facility plan must cover
a period of at least 10 years and must include, but need not be limited to, the
following elements:
(A) Population projections by school age
group.
(B) Identification by the city or county
and by the large school district of desirable school sites.
(C) Descriptions of physical improvements
needed in existing schools to meet the minimum standards of the large school
district.
(D) Financial plans to meet school
facility needs, including an analysis of available tools to ensure facility
needs are met.
(E) An analysis of:
(i) The alternatives to new school
construction and major renovation; and
(ii) Measures to increase the efficient
use of school sites including, but not limited to, multiple-story buildings and
multipurpose use of sites.
(F) Ten-year capital improvement plans.
(G) Site acquisition schedules and
programs.
(b) Based on the elements described in
paragraph (a) of this subsection and applicable laws and rules, the school
facility plan must also include an analysis of the land required for the
10-year period covered by the plan that is suitable, as a permitted or
conditional use, for school facilities inside the urban growth boundary.
(6) If a large school district determines
that there is an inadequate supply of suitable land for school facilities for
the 10-year period covered by the school facility plan, the city or county, or
both, and the large school district shall cooperate in identifying land for
school facilities and take necessary actions, including, but not limited to,
adopting appropriate zoning, aggregating existing lots or parcels in separate
ownership, adding one or more sites designated for school facilities to an
urban growth boundary, or petitioning a metropolitan service district to add
one or more sites designated for school facilities to an urban growth boundary
pursuant to applicable law.
(7) The school facility plan shall provide
for the integration of existing city or county land dedication requirements
with the needs of the large school district.
(8) The large school district shall:
(a) Identify in the school facility plan
school facility needs based on population growth projections and land use
designations contained in the city or county comprehensive plan; and
(b) Update the school facility plan during
periodic review or more frequently by mutual agreement between the large school
district and the affected city or county.
(9)(a) In the school facility plan, the
district school board of a large school district may adopt objective criteria
to be used by an affected city or county to determine whether adequate capacity
exists to accommodate projected development. Before the adoption of the
criteria, the large school district shall confer with the affected cities and
counties and agree, to the extent possible, on the appropriate criteria. After
a large school district formally adopts criteria for the capacity of school
facilities, an affected city or county shall accept those criteria as its own
for purposes of evaluating applications for a comprehensive plan amendment or
for a residential land use regulation amendment.
(b) A city or county shall provide notice
to an affected large school district when considering a plan or land use
regulation amendment that significantly impacts school capacity. If the large
school district requests, the city or county shall implement a coordinated
process with the district to identify potential school sites and facilities to
address the projected impacts.
(10) A school district that is not a large
school district may adopt a school facility plan as described in this section
in consultation with an affected city or county.
(11) The capacity of a school facility is
not the basis for a development moratorium under ORS 197.505 to 197.540.
(12) This section does not confer any
power to a school district to declare a building moratorium.
(13) A city or county may deny an
application for residential development based on a lack of school capacity if:
(a) The issue is raised by the school
district;
(b) The lack of school capacity is based
on a school facility plan formally adopted under this section; and
(c) The city or county has considered options
to address school capacity. [1993 c.550 §2; 1995 c.508 §1; 2001 c.876 §1; 2007
c.579 §1]
Note: Section 3, chapter 579, Oregon Laws 2007,
provides:
Sec.
3. A school district that is
a large school district as defined in ORS 195.110 on the effective date of this
2007 Act [January 1, 2008] shall complete a school facility plan within two
years after the effective date of this 2007 Act. [2007 c.579 §3]
195.115
Reducing barriers for pedestrian and bicycle access to schools. City and county governing bodies shall work
with school district personnel to identify barriers and hazards to children
walking or bicycling to and from school. The cities, counties and districts may
develop a plan for the funding of improvements designed to reduce the barriers
and hazards identified. [2001 c.940 §1]
Note: 195.115 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 195 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
PARKS
195.120
Rules and planning goal amendments for parks required; allowable uses;
application of certain land use laws. (1) The Legislative Assembly finds that
(2) The Land Conservation and Development
Commission, in cooperation with the State Parks and Recreation Commission and
representatives of local government, shall adopt rules and land use planning
goal amendments as necessary to provide for:
(a) Allowable uses in state and local
parks that have adopted master plans;
(b) Local government planning necessary to
implement state park master plans; and
(c) Coordination and dispute resolution
among state and local agencies regarding planning and activities in state
parks.
(3) Rules and goal amendments adopted
under subsection (2) of this section shall provide for the following uses in
state parks:
(a) Campgrounds, day use areas and supporting
infrastructure, amenities and accessory visitor service facilities designed to
meet the needs of park visitors;
(b) Recreational trails and boating
facilities;
(c) Facilities supporting
resource-interpretive and educational activities for park visitors;
(d) Park maintenance workshops, staff
support facilities and administrative offices;
(e) Uses that directly support
resource-based outdoor recreation; and
(f) Other park uses adopted by the Land
Conservation and Development Commission.
(4) A local government shall not be
required to adopt an exception under ORS 197.732 from a land use planning goal
protecting agriculture or forestry resources to authorize a use identified by
rule of the Land Conservation and Development Commission under this section in
a state or local park.
(5) A local government shall comply with
the provisions of ORS 215.296 for all uses and activities proposed in or
adjacent to an exclusive farm use zone described in the state or local master
plan as adopted by the local government and made a part of its comprehensive
plan and land use regulation. [1997 c.604 §3]
195.125
Existing uses in state parks; approval by local governments. Existing uses and facilities in all state
parks on July 25, 1997, shall be allowed to continue. The following uses and
activities shall be approved by a local government subject only to clear and
objective siting criteria, which criteria, either individually or cumulatively,
shall not prohibit the use or activity of:
(1) The repair and renovation of existing
facilities;
(2) The replacement of existing facilities
and services, including minor location changes; and
(3) The minor expansion of existing uses
and facilities. [1997 c.604 §4]
URBAN AND
RURAL RESERVES
195.137
Definitions for ORS 195.137 to 195.145. As used in ORS 195.137 to 195.145:
(1) Rural reserve means land reserved to
provide long-term protection for agriculture, forestry or important natural
landscape features that limit urban development or help define appropriate
natural boundaries of urbanization, including plant, fish and wildlife habitat,
steep slopes and floodplains.
(2) Urban reserve means lands outside an
urban growth boundary that will provide for:
(a) Future expansion over a long-term
period; and
(b) The cost-effective provision of public
facilities and services within the area when the lands are included within the
urban growth boundary. [2007 c.723 §1]
195.139
Legislative findings. The
Legislative Assembly finds that:
(1) Long-range planning for population and
employment growth by local governments can offer greater certainty for:
(a) The agricultural and forest
industries, by offering long-term protection of large blocks of land with the
characteristics necessary to maintain their viability; and
(b) Commerce, other industries, other
private landowners and providers of public services, by determining the more
and less likely locations of future expansion of urban growth boundaries and
urban development.
(2) State planning laws must support and
facilitate long-range planning to provide this greater certainty. [2007 c.723 §2]
195.141
Designation of rural reserves and urban reserves pursuant to intergovernmental
agreement; rules. (1) A
county and a metropolitan service district established under ORS chapter 268 may
enter into an intergovernmental agreement pursuant to ORS 190.003 to 190.130,
195.025 or 197.652 to 197.658 to designate rural reserves pursuant to this
section and urban reserves pursuant to ORS 195.145 (1)(b).
(2) Land designated as a rural reserve:
(a) Must be outside an urban growth
boundary.
(b) May not be designated as an urban
reserve during the urban reserve planning period described in ORS 195.145 (4).
(c) May not be included within an urban
growth boundary during the period of time described in paragraph (b) of this
subsection.
(3) When designating a rural reserve under
this section to provide long-term protection to the agricultural industry, a
county and a metropolitan service district shall base the designation on
consideration of factors including, but not limited to, whether land proposed
for designation as a rural reserve:
(a) Is situated in an area that is
otherwise potentially subject to urbanization during the period described in
subsection (2)(b) of this section, as indicated by proximity to the urban
growth boundary and to properties with fair market values that significantly
exceed agricultural values;
(b) Is capable of sustaining long-term
agricultural operations;
(c) Has suitable soils and available water
where needed to sustain long-term agricultural operations; and
(d) Is suitable to sustain long-term
agricultural operations, taking into account:
(A) The existence of a large block of
agricultural or other resource land with a concentration or cluster of farms;
(B) The adjacent land use pattern,
including its location in relation to adjacent nonfarm uses and the existence
of buffers between agricultural operations and nonfarm uses;
(C) The agricultural land use pattern,
including parcelization, tenure and ownership patterns; and
(D) The sufficiency of agricultural
infrastructure in the area.
(4) The Land Conservation and Development
Commission shall, after consultation with the State Department of Agriculture,
adopt by goal or by rule a process and criteria for designating rural reserves
pursuant to this section. [2007 c.723 §3]
Note: Sections 10 and 11, chapter 723, Oregon Laws
2007, provide:
Sec.
10. Notwithstanding ORS
195.145 (4), if urban reserves are designated by a metropolitan service
district and a county pursuant to ORS 195.145 (1)(b) on or before December 31,
2009, the urban reserves must be planned to accommodate population and
employment growth for at least 20 years, and not more than 30 years, after the
20-year period for which the district has demonstrated a buildable land supply
in the next inventory, determination and analysis required under ORS 197.299 on
or after the effective date of this 2007 Act [June 28, 2007]. [2007 c.723 §10]
Sec.
11. The Land Conservation
and Development Commission shall adopt the goals or rules required by section 3
of this 2007 Act [195.141] and by the amendments to ORS 195.145 by section 6 of
this 2007 Act not later than January 31, 2008. [2007 c.723 §11]
195.143
Coordinated and concurrent process for designation of rural reserves and urban
reserves. (1) A county and a
metropolitan service district must consider simultaneously the designation and
establishment of:
(a) Rural reserves pursuant to ORS
195.141; and
(b) Urban reserves pursuant to ORS 195.145
(1)(b).
(2) An agreement between a county and a
metropolitan service district to establish rural reserves pursuant to ORS
195.141 and urban reserves pursuant to ORS 195.145 (1)(b) must provide for a
coordinated and concurrent process for adoption by the county of comprehensive
plan provisions and by the district of regional framework plan provisions to
implement the agreement. A district may not designate urban reserves pursuant
to ORS 195.145 (1)(b) in a county until the county and the district have
entered into an agreement pursuant to ORS 195.145 (1)(b) that identifies the
land to be designated by the district in the districts regional framework plan
as urban reserves. A county may not designate rural reserves pursuant to ORS
195.141 until the county and the district have entered into an agreement
pursuant to ORS 195.141 that identifies the land to be designated as rural
reserves by the county in the countys comprehensive plan.
(3) A county and a metropolitan service
district may not enter into an intergovernmental agreement to designate urban
reserves in the county pursuant to ORS 195.145 (1)(b) unless the county and the
district also agree to designate rural reserves in the county.
(4) Designation and protection of rural
reserves pursuant to ORS 195.141 or urban reserves pursuant to ORS 195.145
(1)(b):
(a) Is not a basis for a claim for
compensation under ORS 195.305 unless the designation and protection of rural
reserves or urban reserves imposes a new restriction on the use of private real
property.
(b) Does not impair the rights and
immunities provided under ORS 30.930 to 30.947. [2007 c.723 §4]
195.145
Urban reserves; when required; limitation; rules. (1) To ensure that the supply of land
available for urbanization is maintained:
(a) Local governments may cooperatively
designate lands outside urban growth boundaries as urban reserves subject to
ORS 197.610 to 197.625.
(b) Alternatively, a metropolitan service
district established under ORS chapter 268 and a county may enter into a
written agreement pursuant to ORS 190.003 to 190.130, 195.025 or 197.652 to
197.658 to designate urban reserves. A process and criteria developed pursuant
to this paragraph are an alternative to a process or criteria adopted pursuant
to paragraph (a) of this subsection.
(2)(a) The Land Conservation and
Development Commission may require a local government to designate an urban
reserve pursuant to subsection (1)(a) of this section during its periodic
review in accordance with the conditions for periodic review under ORS 197.628.
(b) Notwithstanding paragraph (a) of this
subsection, the commission may require a local government to designate an urban
reserve pursuant to subsection (1)(a) of this section outside of its periodic
review if:
(A) The local government is located inside
a Primary Metropolitan Statistical Area or a Metropolitan Statistical Area as
designated by the Federal Census Bureau upon November 4, 1993; and
(B) The local government has been required
to designate an urban reserve by rule prior to November 4, 1993.
(3) In carrying out subsections (1) and
(2) of this section:
(a) Within an urban reserve, neither the
commission nor any local government shall prohibit the siting on a legal parcel
of a single family dwelling that would otherwise have been allowed under law
existing prior to designation as an urban reserve.
(b) The commission shall provide to local
governments a list of options, rather than prescribing a single planning
technique, to ensure the efficient transition from rural to urban use in urban
reserves.
(4) Urban reserves designated by a
metropolitan service district and a county pursuant to subsection (1)(b) of
this section must be planned to accommodate population and employment growth
for at least 20 years, and not more than 30 years, after the 20-year period for
which the district has demonstrated a buildable land supply in the most recent
inventory, determination and analysis performed under ORS 197.296.
(5) A district and a county shall base the
designation of urban reserves under subsection (1)(b) of this section upon
consideration of factors including, but not limited to, whether land proposed
for designation as urban reserves, alone or in conjunction with land inside the
urban growth boundary:
(a) Can be developed at urban densities in
a way that makes efficient use of existing and future public infrastructure
investments;
(b) Includes sufficient development
capacity to support a healthy urban economy;
(c) Can be served by public schools and
other urban-level public facilities and services efficiently and
cost-effectively by appropriate and financially capable service providers;
(d) Can be designed to be walkable and
served by a well-connected system of streets by appropriate service providers;
(e) Can be designed to preserve and
enhance natural ecological systems; and
(f) Includes sufficient land suitable for
a range of housing types.
(6) The commission shall adopt by goal or
by rule a process and criteria for designating urban reserves pursuant to
subsection (1)(b) of this section. [1993 c.804 §19; 1999 c.622 §6; 2007 c.723 §6]
URBAN SERVICE
PROVIDER ANNEXATION
(Temporary
provisions relating to requirements for annexation of certain industrial lands)
Note: Sections 1, 2 and 11, chapter 539, Oregon
Laws 2005, provide:
Sec.
1. Section 2 of this 2005
Act is added to and made a part of ORS 195.205 to 195.225. [2005 c.539 §1]
Sec.
2. (1) A lot, parcel or
tract may not be included in territory proposed to be annexed unless the owner
of the lot, parcel or tract gives written consent to the annexation, if the
lot, parcel or tract:
(a) Is zoned for industrial use or
designated for industrial use zoning in an acknowledged comprehensive plan;
(b) Is land on which no electors reside,
unless one or more electors living on-site are employed or engaged to provide
security services for the industrial user of the land;
(c) Has an assessed value of more than $2
million, including improvements; and
(d) Is in unincorporated
(A) Within the urban unincorporated
community of
(B) Within the urban growth boundary of
the City of
(2) After annexation of a lot, parcel or
tract described in subsection (1) of this section, the development rights that
apply to the lot, parcel or tract under the industrial zoning classification
applicable to the lot, parcel or tract when it is annexed are retained and run
with the lot, parcel or tract.
(3) As used in this section, urban
unincorporated community means an unincorporated community that:
(a) Includes at least 150 permanent
residential dwelling units;
(b) Contains a mixture of land uses,
including three or more public, commercial or industrial land uses;
(c) Includes areas served by a community
sewer system; and
(d) Includes areas served by a community
water system. [2005 c.539 §2]
Sec.
11. Sections 2, 4, 6, 8 and
10 of this 2005 Act are repealed June 30, 2016. [2005 c.539 §11]
195.205
Annexation by provider; prerequisites to vote; public hearing. (1) A city or district that provides an
urban service may annex territory under ORS 195.020, 195.060 to 195.085,
195.205 to 195.235, 197.005, 197.319, 197.320, 197.335 and 223.304 that:
(a) Is situated within an urban growth
boundary; and
(b) Is contained within an annexation plan
adopted pursuant to ORS 195.020, 195.060 to 195.085, 195.205 to 195.235,
197.005, 197.319, 197.320, 197.335 and 223.304.
(2) A city or district may submit an
annexation plan to a vote under subsection (5) of this section only if, prior
to the submission of the annexation plan to a vote:
(a) The territory contained in the
annexation plan is subject to urban service agreements among all appropriate
counties and cities and the providers of urban services within the territory,
as required by ORS 195.065 and 195.070, and:
(A) Such urban service agreements were in
effect on November 4, 1993; or
(B) They expressly state that they may be
relied upon as a prerequisite of the annexation method authorized by ORS
195.020, 195.060 to 195.085, 195.205 to 195.235, 197.005, 197.319, 197.320,
197.335 and 223.304; and
(b) The territory contained in the
annexation plan is subject to an agreement between the city and county
addressing fiscal impacts, if the annexation is by a city and will cause
reductions in the county property tax revenues by operation of section 11b,
Article XI of the Oregon Constitution.
(3) Prior to adopting an annexation plan,
the governing body of a city or district shall hold a public hearing at which
time interested persons may appear and be heard on the question of establishing
the annexation plan.
(4) The governing body of the city or
district shall cause notice of the hearing to be published, once each week for
two successive weeks prior to the day of the hearing, in a newspaper of general
circulation in the city or district.
(5) If after the public hearing required
under subsection (3) of this section, the governing body of the city or
district decides to proceed with the annexation plan, it shall cause the
annexation plan to be submitted to the electors of the city or district and to
the electors of the territory proposed to be annexed under the annexation plan.
The proposed annexation plan may be voted upon at a general election or at a
special election to be held for that purpose. [1993 c.804 §13]
195.210
Election procedures. (1) The
statement summarizing the measure and its major effect in the ballot title of a
proposal for adoption of an annexation plan shall contain a general description
of the boundaries of each territory proposed to be annexed. The description
shall use streets and other generally recognized features. Notwithstanding ORS
250.035, the statement summarizing the measure and its major effect may not
exceed 150 words.
(2) The notice of an annexation plan
election shall be given as provided in ORS 254.095, except that in addition the
notice shall contain a map indicating the boundaries of each territory proposed
to be annexed. [1993 c.804 §14; 1995 c.79 §72; 1995 c.534 §9; 2007 c.154 §58]
195.215
Election certification; order.
(1) The governing body of the city or district shall determine the results of
the election from the official figures returned by the county clerk. If the
governing body of the city finds that a majority of the votes cast in the
territory and a majority of the votes cast in the city favor the annexation
plan, the governing body, by resolution or ordinance, shall declare the
adoption of the annexation plan. The governing body of the district shall
certify the results of the election to the appropriate county governing body.
When a majority of the votes cast in the territory and a majority of the votes
cast in the district favor the annexation plan, the county governing body by
order shall so declare. The resolution, ordinance or order declaring approval
of the annexation plan must contain a legal description of each territory
annexed.
(2) Annexation of particular tracts of
territory takes effect in accordance with the provisions of the adopted
annexation plan. [1993 c.804 §15; 2005 c.388 §1]
195.220
Annexation plan provisions.
(1) An annexation plan adopted under ORS 195.205 shall include:
(a) The timing and sequence of annexation.
(b) Local standards of urban service
availability required as a precondition of annexation.
(c) The planned schedule for providing
urban services to the annexed territory.
(d) The effects on existing urban services
providers.
(e) The long-term benefits of the
annexation plan.
(2) An annexation plan shall be consistent
with all applicable comprehensive plans. [1993 c.804 §16; 1997 c.541 §341]
195.225
Boundary commission review; action; plan amendment; election. (1) In areas subject to the jurisdiction of
a local government boundary commission, the boundary commission shall conduct
an advisory review of an annexation plan for conformity with annexation plan
requirements set forth in ORS 195.220, 199.462 and the rules of procedure of
the Land Conservation and Development Commission.
(2) If a boundary commission finds that an
annexation plan does not comply with ORS 195.220, 199.462 or the procedural
rules of the commission, the boundary commission, by order, shall disapprove
the annexation plan and return the plan to the governing body of the city or
district. The order of the boundary commission that disapproves an annexation
plan shall describe with particularity the provisions of the annexation plan
that do not comply with ORS 195.220, 199.462 or the procedural rules of the
commission and shall specifically indicate the reasons for noncompliance.
(3) The governing body of the city or
district, upon receiving an order of the boundary commission that disapproves
an annexation plan, may amend the plan and resubmit the amended plan to the
boundary commission.
(4) After a boundary commission reviews an
annexation plan, the annexation plan shall be submitted to the electors of the
city or district and affected territory as provided in ORS 195.205.
(5) Notwithstanding ORS chapter 199,
annexations provided for in an annexation plan approved by the electors of a
city or district and affected territory do not require the approval of a local
government boundary commission.
(6) A city or district shall submit an
annexation plan approved by the electors and a copy of the resolution,
ordinance, order or proclamation proclaiming an annexation under an approved
annexation plan to the local government boundary commission filing with the
Secretary of State, Department of Revenue, assessor and county clerk of each
county in which the affected territory is located. [1993 c.804 §17]
195.235
Application of other annexation procedures. The method of annexing territory to cities or districts set forth in
ORS 195.205 to 195.225 is in addition to and does not affect or prohibit other
methods of annexation authorized by law. [1993 c.804 §18]
LANDSLIDE
HAZARD AREAS
195.250
Definitions for ORS 195.250 to 195.260. As used in ORS 195.250 to 195.260:
(1) Further review area means an area of
land within which further site specific review should occur before land
management or building activities begin because either the State Department of
Geology and Mineral Industries or the State Forestry Department determines that
the area reasonably could be expected to include sites that experience rapidly
moving landslides as a result of excessive rainfall.
(2) Landslide means any detached mass of
soil, rock or debris that is of sufficient size to cause damage and that moves
down a slope or a stream channel.
(3) Rapidly moving landslide means a
landslide that is difficult for people to outrun or escape. [1999 c.1103 §1]
Note: 195.250 to 195.260 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
195 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
195.253
Policy. The Legislative
Assembly declares that it is the policy of the State of
(1) Each property owner, each highway user
and all federal, state and local governments share the responsibility for
making sound decisions regarding activities that may affect landslide hazards
and the associated risks of property damage or personal injury.
(2) In keeping with the concept of shared
responsibility where individuals are primarily responsible for making sound
decisions to protect personal interests, regulation applied pursuant to ORS
195.250 to 195.260 shall be restricted to reducing the risk of serious bodily
injury or death that may result from rapidly moving landslides.
(3) In recognition of the need for
consistent treatment and coordination of actions relating to rapidly moving
landslides and because of the potential for serious bodily injury or death as a
result of rapidly moving landslides and the effect of rapidly moving landslides
on the ability of people to use their property, ORS 195.250 to 195.260 shall be
regarded as the controlling policy of this state for rapidly moving landslides.
[1999 c.1103 §2]
Note: See note under 195.250.
195.256
Legislative findings. The
Legislative Assembly finds that:
(1) Many locations in
(2) Rapidly moving landslides present the
greatest risk to human life, and persons living in or traveling through areas
prone to rapidly moving landslides are at increased risk of serious bodily
injury or death.
(3) Although some risk from rapidly moving
landslides can be mitigated through proper siting and construction techniques,
sites that are vulnerable to impact from rapidly moving landslides are
generally unsuitable for permanent habitation.
(4) Activities that require sound
decisions to mitigate rapidly moving landslide hazards and risks include but
are not limited to:
(a) Siting or constructing homes or other
structures in areas prone to rapidly moving landslides;
(b) Occupying existing homes or other
structures in areas prone to rapidly moving landslides during periods of high
risk due to heavy or extended rainfall;
(c) Conducting land management activities
that may adversely alter the susceptibility of land to rapidly moving
landslides; and
(d) Operating motor vehicles in areas
known to be subject to rapidly moving landslides. [1999 c.1103 §3]
Note: See note under 195.250.
195.260
Duties of local governments, state agencies and landowners in landslide hazard
areas. (1) In order to
reduce the risk of serious bodily injury or death resulting from rapidly moving
landslides, a local government:
(a) Shall exercise all available authority
to protect the public during emergencies, consistent with ORS 401.015.
(b) May require a geotechnical report and,
if a report is required, shall provide for a coordinated review of the
geotechnical report by the State Department of Geology and Mineral Industries
or the State Forestry Department, as appropriate, before issuing a building
permit for a site in a further review area.
(c) Except those structures exempt from
building codes under ORS 455.310 and 455.315, shall amend its land use
regulations, or adopt new land use regulations, to regulate the siting of
dwellings and other structures designed for human occupancy, including those
being restored under ORS 215.130 (6), in further review areas where there is
evidence of substantial risk for rapidly moving landslides. All final decisions
under this paragraph and paragraph (b) of this subsection are the
responsibility of the local government with jurisdiction over the site. A local
government may not delegate such final decisions to any state agency.
(d) May deny a request to issue a building
permit if a geotechnical report discloses that the entire parcel is subject to
a rapidly moving landslide or that the subject lot or parcel does not contain
sufficient buildable area that is not subject to a rapidly moving landslide.
(e) Shall maintain a record, available to
the public, of properties for which a geotechnical report has been prepared
within the jurisdiction of the local government.
(2) A landowner allowed a building permit
under subsection (1)(c) of this section shall sign a statement that shall:
(a) Be recorded with the county clerk of
the county in which the property is located, in which the landowner
acknowledges that the landowner may not in the future bring any action against
an adjacent landowner about the effects of rapidly moving landslides on or
adjacent to the landowners property; and
(b) Record in the deed records for the
county where the lot or parcel is located a nonrevocable deed restriction that
the landowner signs and acknowledges, that contains a legal description
complying with ORS 93.600 and that prohibits any present or future owner of the
property from bringing any action against an adjacent landowner about the
effects of rapidly moving landslides on or adjacent to the property.
(3) Restrictions on forest practices
adopted under ORS 527.710 (10) do not apply to risk situations arising solely
from the construction of a building designed for human occupancy in a further
review area on or after October 23, 1999.
(4) The following state agencies shall
implement the following specific responsibilities to reduce the risk of serious
bodily injury or death resulting from rapidly moving landslides:
(a) The State Department of Geology and
Mineral Industries shall:
(A) Identify and map further review areas
selected in cooperation with local governments and in coordination with the
State Forestry Department, and provide technical assistance to local
governments to facilitate the use and application of this information pursuant
to subsection (1)(b) of this section; and
(B) Provide public education regarding
landslide hazards.
(b) The State Forestry Department shall
regulate forest operations to reduce the risk of serious bodily injury or death
from rapidly moving landslides directly related to forest operations, and
assist local governments in the siting review of permanent dwellings on and
adjacent to forestlands in further review areas pursuant to subsection (1)(b)
of this section.
(c) The Land Conservation and Development
Commission may take steps under its existing authority to assist local
governments to appropriately apply the requirements of subsection (1)(c) of
this section.
(d) The Department of Transportation shall
provide warnings to motorists during periods determined to be of highest risk
of rapidly moving landslides along areas on state highways with a history of
being most vulnerable to rapidly moving landslides.
(e) The Office of Emergency Management
shall coordinate state resources for rapid and effective response to landslide-related
emergencies.
(5) Notwithstanding any other provision of
law, any state or local agency adopting rules related to the risk of serious
bodily injury or death from rapidly moving landslides shall do so only in
conformance with the policies and provisions of ORS 195.250 to 195.260.
(6) No state or local agency may adopt or
enact any rule or ordinance for the purpose of reducing risk of serious bodily
injury or death from rapidly moving landslides that limits the use of land that
is in addition to land identified as a further review area by the State
Department of Geology and Mineral Industries or the State Forestry Department
pursuant to subsection (4) of this section.
(7) Except as provided in ORS 527.710 or
in Oregons ocean and coastal land use planning goals, no state agency may
adopt criteria regulating activities for the purpose of reducing risk of
serious bodily injury or death from rapidly moving landslides on lands subject
to the provisions of ORS 195.250 to 195.260 that are more restrictive than the
criteria adopted by a local government pursuant to subsection (1)(c) of this
section. [1999 c.1103 §4; 2003 c.141 §1; 2003 c.740 §8; 2007 c.740 §37]
Note: See note under 195.250.
195.263 [1999 c.1103 §5; repealed by 2003 c.141 §2]
195.266 [1999 c.1103 §6; repealed by 2003 c.141 §2]
195.270 [1999 c.1103 §7; repealed by 2003 c.141 §2]
195.275 [1999 c.1103 §9; repealed by 2003 c.141 §2]
JUST
195.300
Definitions for ORS 195.300 to 195.336. As used in this section and ORS 195.301 and 195.305 to 195.336 and
sections 5 to 11, chapter 424, Oregon Laws 2007:
(1) Acquisition date means the date
described in ORS 195.328.
(2) Claim means a written demand for
compensation filed under:
(a) ORS 195.305, as in effect immediately
before December 6, 2007; or
(b) ORS 195.305 and 195.310 to 195.314, as
in effect on and after December 6, 2007.
(3) Enacted means enacted, adopted or
amended.
(4) Fair market value means the value of
property as determined under ORS 195.332.
(5) Farming practice has the meaning
given that term in ORS 30.930.
(6) Federal law means:
(a) A statute, regulation, order, decree
or policy enacted by a federal entity or by a state entity acting under
authority delegated by the federal government;
(b) A requirement contained in a plan or
rule enacted by a compact entity; or
(c) A requirement contained in a permit
issued by a federal or state agency pursuant to a federal statute or
regulation.
(7) File means to submit a document to a
public entity.
(8)
(9) Ground water restricted area means
an area designated as a critical ground water area or as a ground water limited
area by the Water Resources Department or Water Resources Commission before
December 6, 2007.
(10) High-value farmland means:
(a) High-value farmland as described in
ORS 215.710 that is land in an exclusive farm use zone or a mixed farm and
forest zone, except that the dates specified in ORS 215.710 (2), (4) and (6)
are December 6, 2007.
(b) Land west of U.S. Highway 101 that is
composed predominantly of the following soils in Class III or IV or composed
predominantly of a combination of the soils described in ORS 215.710 (1) and
the following soils:
(A) Subclassification IIIw, specifically
Ettersburg Silt Loam and Croftland Silty Clay Loam;
(B) Subclassification IIIe, specifically
Klooqueth Silty Clay Loam and Winchuck Silt Loam; and
(C) Subclassification IVw, specifically
Huffling Silty Clay Loam.
(c) Land that is in an exclusive farm use
zone or a mixed farm and forest zone and that on June 28, 2007, is:
(A) Within the place of use for a permit,
certificate or decree for the use of water for irrigation issued by the Water
Resources Department;
(B) Within the boundaries of a district,
as defined in ORS 540.505; or
(C) Within the boundaries of a diking
district formed under ORS chapter 551.
(d) Land that contains not less than five
acres planted in wine grapes.
(e) Land that is in an exclusive farm use
zone and that is at an elevation between 200 and 1,000 feet above mean sea
level, with an aspect between 67.5 and 292.5 degrees and a slope between zero
and 15 percent, and that is located within:
(A) The
(B) The
(C) The
(f) Land that is in an exclusive farm use
zone and that is no more than 3,000 feet above mean sea level, with an aspect
between 67.5 and 292.5 degrees and a slope between zero and 15 percent, and
that is located within:
(A) The portion of the Columbia Gorge
viticultural area as described in 27 C.F.R. 9.178 that is within the State of
Oregon;
(B) The
(C) The portion of the Columbia Valley
viticultural area as described in 27 C.F.R. 9.74 that is within the State of
Oregon;
(D) The portion of the Walla Walla Valley
viticultural area as described in 27 C.F.R. 9.91 that is within the State of
Oregon; or
(E) The portion of the
(11) High-value forestland means land:
(a) That is in a forest zone or a mixed
farm and forest zone, that is located in western Oregon and composed
predominantly of soils capable of producing more than 120 cubic feet per acre
per year of wood fiber and that is capable of producing more than 5,000 cubic
feet per year of commercial tree species; or
(b) That is in a forest zone or a mixed
farm and forest zone, that is located in eastern Oregon and composed
predominantly of soils capable of producing more than 85 cubic feet per acre
per year of wood fiber and that is capable of producing more than 4,000 cubic
feet per year of commercial tree species.
(12) Home site approval means approval
of the subdivision or partition of property or approval of the establishment of
a dwelling on property.
(13) Just compensation means:
(a) Relief under sections 5 to 11, chapter
424, Oregon Laws 2007, for land use regulations enacted on or before January 1,
2007; and
(b) Relief under ORS 195.310 to 195.314
for land use regulations enacted after January 1, 2007.
(14) Land use regulation means:
(a) A statute that establishes a minimum
lot or parcel size;
(b) A provision in ORS 227.030 to 227.300,
227.350, 227.400, 227.450 or 227.500 or in ORS chapter 215 that restricts the
residential use of private real property;
(c) A provision of a city comprehensive
plan, zoning ordinance or land division ordinance that restricts the
residential use of private real property zoned for residential use;
(d) A provision of a county comprehensive
plan, zoning ordinance or land division ordinance that restricts the
residential use of private real property;
(e) A provision of the Oregon Forest
Practices Act or an administrative rule of the State Board of Forestry that
regulates a forest practice and that implements the Oregon Forest Practices
Act;
(f) ORS 561.191, a provision of ORS
568.900 to 568.933 or an administrative rule of the State Department of
Agriculture that implements ORS 561.191 or 568.900 to 568.933;
(g) An administrative rule or goal of the
Land Conservation and Development Commission; or
(h) A provision of a Metro functional plan
that restricts the residential use of private real property.
(15) Measure 37 permit means a final
decision by Metro, a city or a county to authorize the development, subdivision
or partition or other use of property pursuant to a waiver.
(16) Owner means:
(a) The owner of fee title to the property
as shown in the deed records of the county where the property is located;
(b) The purchaser under a land sale contract,
if there is a recorded land sale contract in force for the property; or
(c) If the property is owned by the
trustee of a revocable trust, the settlor of a revocable trust, except that
when the trust becomes irrevocable only the trustee is the owner.
(17) Property means the private real
property described in a claim and contiguous private real property that is
owned by the same owner, whether or not the contiguous property is described in
another claim, and that is not property owned by the federal government, an
Indian tribe or a public body, as defined in ORS 192.410.
(18) Protection of public health and
safety means a law, rule, ordinance, order, policy, permit or other
governmental authorization that restricts a use of property in order to reduce
the risk or consequence of fire, earthquake, landslide, flood, storm,
pollution, disease, crime or other natural or human disaster or threat to
persons or property including, but not limited to, building and fire codes,
health and sanitation regulations, solid or hazardous waste regulations and
pollution control regulations.
(19) Public entity means the state,
Metro, a county or a city.
(20) Urban growth boundary has the
meaning given that term in ORS 195.060.
(21) Waive or waiver means an action
or decision of a public entity to modify, remove or not apply one or more land
use regulations under 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 December 6,
2007, to allow the owner to use property for a use permitted when the owner
acquired the property.
(22) Zoned for residential use means
zoning that has as its primary purpose single-family residential use. [2007
c.424 §2]
195.301
Legislative findings. (1)
The Legislative Assembly finds that:
(a) In some situations, land use
regulations unfairly burden particular property owners.
(b) To address these situations, it is
necessary to amend
(2) The purpose of ORS 195.305 to 195.336
and sections 5 to 11, chapter 424, Oregon Laws 2007, and the amendments to
Ballot Measure 37 (2004) is to modify Ballot Measure 37 (2004) to ensure that
195.305
Compensation for restriction of use of real property due to land use
regulation. (1) 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 of the property shall be
entitled to just compensation from the public entity that enacted the land use
regulation or regulations as provided in ORS 195.310 to 195.314.
(2) Just compensation under ORS 195.310 to
195.314 shall be based on the reduction in the fair market value of the
property resulting from the land use regulation.
(3) Subsection (1) of this section shall
not apply to land use regulations that were enacted prior to the claimants
acquisition date or to land use regulations:
(a) Restricting or prohibiting activities
commonly and historically recognized as public nuisances under common law;
(b) Restricting or prohibiting activities
for the protection of public health and safety;
(c) To the extent the land use regulation
is required to comply with federal law; or
(d) Restricting or prohibiting the use of
a property for the purpose of selling pornography or performing nude dancing.
(4)(a) Subsection (3)(a) of this section
shall be construed narrowly in favor of granting just compensation under this
section. Nothing in subsection (3) of this section is intended to affect or
alter rights provided by the
(b) Subsection (3)(b) of this section does
not apply to any farming or forest practice regulation that is enacted after
January 1, 2007, unless the primary purpose of the regulation is the protection
of human health and safety.
(c) Subsection (3)(c) of this section does
not apply to any farming or forest practice regulation that is enacted after
January 1, 2007, unless the public entity enacting the regulation has no
discretion under federal law to decline to enact the regulation.
(5) A public entity may adopt or apply
procedures for the processing of claims under ORS 195.310 to 195.336.
(6) The public entity that enacted the
land use regulation that gives rise to a claim under subsection (1) of this
section shall provide just compensation as required under ORS 195.310 to
195.336.
(7) A decision by a public entity that an
owner qualifies for just compensation under ORS 195.305 to 195.336 and sections
5 to 11, chapter 424, Oregon Laws 2007, and a decision by a public entity on
the nature and extent of that compensation are not land use decisions.
(8) The remedies created by ORS 195.305 to
195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, are in addition to
any other remedy under the Oregon or United States Constitution, and are not
intended to modify or replace any constitutional remedy.
(9) If any portion or portions of this
section are declared invalid by a court of competent jurisdiction, the remaining
portions of this section shall remain in full force and effect. [Formerly
197.352]
(Temporary
provisions relating to previously filed claims)
Note: Sections 5, 6, 7, 8, 9, 10 and 11, chapter
424, Oregon Laws 2007, provide:
Sec.
5. A claimant that filed a
claim under ORS 197.352 [renumbered 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, at
the claimants 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 if the
property described in the claim is located, in whole or in part, 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 claimants 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 to complete and continue
the use described in the waiver. [2007 c.424 §5]
Sec.
6. (1) A claimant that filed
a claim under ORS 197.352 [renumbered 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 sections 8 and 11 of
this 2007 Act are met. The procedure for obtaining home site approvals under
this section is set forth in section 8 of this 2007 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 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.
(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.
(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 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, 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) [renumbered 195.305 (3)]; and
(f) On the claimants 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, 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. [2007 c.424 §6]
Sec.
7. (1) A claimant that filed
a claim under ORS 197.352 [renumbered 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 are met.
The procedure for obtaining home site approvals under this section is set forth
in section 8 of this 2007 Act.
(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) 10, 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 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.
(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 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 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) [renumbered 195.305 (3)];
(f) On the claimants 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), 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, 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, 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. [2007 c.424 §7]
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, but who may become
eligible for just compensation because of section 21 (2) of this 2007 Act
[195.328 (2)] or any other provision of sections 5 to 22 of this 2007 Act
[195.305 to 195.336 and sections 5 to 11 of this 2007 Act];
(b) A claimant whose claim was approved by
the state before the effective date of this 2007 Act; and
(c) A claimant whose claim has not been
approved or denied by the state before the effective date of this 2007 Act.
(2) The notice required by subsection (1)
of this section must:
(a) Explain the claimants options if the
claimant wishes to subdivide, partition or establish a dwelling on the property
under sections 5 to 22 of this 2007 Act;
(b) Identify any information that the
claimant must file; and
(c) Provide a form for the claimants use.
(3) A claimant must choose whether to
proceed under section 6 or 7 of this 2007 Act by filing the form provided by
the department within 90 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 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.
(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 departments 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 to ensure
that the requirements of this section and section 6 or 7 of this 2007 Act 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
claimants 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, 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. 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. 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. A claimant that elects to obtain relief under section
7 of this 2007 Act may change that election to obtain relief under section 6 of
this 2007 Act, 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 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 departments progress and the counties
progress in completing review of claims under sections 6 and 7 of this 2007 Act.
(7) The departments final order and a
countys final decision on a claim under section 6 or 7 of this 2007 Act 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. [2007 c.424 §8]
Sec.
9. (1) A claimant that filed
a claim under ORS 197.352 [renumbered 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 located, in whole or in part,
within an urban growth boundary may establish one to 10 single-family dwellings
on the portion of the property located within the urban growth boundary.
(2) The number of single-family dwellings
that may be established on the portion of the property located within the urban
growth boundary under this section may not exceed the lesser of:
(a) The number of single-family dwellings
described in a waiver issued by Metro, a city or a county before the effective
date of this 2007 Act [December 6, 2007] or, if a waiver was not issued, the
number described in the claim filed with Metro, a city or a county;
(b) 10, except that if there are existing
dwellings on the property, the number of single-family dwellings that may be
established is reduced so that the maximum number of dwellings, including
existing dwellings located on the property, does not exceed 10; or
(c) The number of single-family dwellings
the total value of which 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 single-family
dwellings described in a waiver issued by Metro, a city or a county before the
effective date of this 2007 Act or, if a waiver was not issued, the number
described in the claim filed with Metro, a city or a county 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 information required by section 10 of
this 2007 Act.
(4) If multiple claims were filed for the
same property, the number of single-family dwellings that may be established
for purposes of subsection (2)(a) of this section is the number in the most
recent waiver issued by Metro, a city or a county before the effective date of
this 2007 Act or, if a waiver was not issued, the most recent claim filed with
Metro, a city or a county, but not more than 10 in any case.
(5) To qualify for the relief provided by
this section, the claimant must have filed a claim for the property with the
city or county in which the property is located. In addition, regardless of
whether a waiver was issued by Metro, a city or a county before the effective
date of this 2007 Act, to qualify for relief 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, in whole or
in part, within an urban growth boundary;
(d) On the claimants acquisition date,
the claimant lawfully was permitted to establish at least the number of
dwellings on the property that are authorized under this section;
(e) The property is zoned for residential
use;
(f) One or more land use regulations
prohibit establishing the single-family dwellings;
(g) The establishment of the single-family
dwellings is not prohibited by a land use regulation described in ORS 197.352
(3) [renumbered 195.305 (3)];
(h) The land use regulation described in
paragraph (f) of this subsection was enacted after the date the property, or
any portion of the property, was brought into the urban growth boundary;
(i) If the property is located within the
boundaries of Metro, the land use regulation that is the basis for the claim
was enacted after the date the property was included within the boundaries of
Metro;
(j) If the property is located within a
city, the land use regulation that is the basis for the claim was enacted after
the date the property was annexed to the city; and
(k) The enactment of one or more land use
regulations, other than land use regulations described in ORS 197.352 (3), that
are the basis of the claim caused a reduction in the fair market value of the
property, as determined under subsection (6) of this section, that is equal to
or greater than the fair market value of the single-family dwellings that may
be established on the property under subsection (2) 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 single-family dwelling to which the claimant is entitled under 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 owner 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 section 7 (6) of this 2007 Act. 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) When Metro, a city or a county has
issued a final decision authorizing one or more single-family dwellings under
this section on the portion of the property located within the urban growth
boundary, the claimant may seek other governmental authorizations required by
law for that use, and a land use regulation enacted by a public entity that has
the effect of prohibiting the use does not apply to the review of those
authorizations, except as provided in section 11 of this 2007 Act. If Metro is
reviewing a claim for a property, and a city or a county is reviewing a claim
for the same property, Metro and the city or county shall coordinate the review
and decisions and may:
(a) Provide that one of the public
entities be principally responsible for the review; and
(b) Provide that the decision of each of
the public entities is contingent on the decision of the other public entity.
(10) The only types of land use that are
authorized by this section are the subdivision or partition of land for one or
more single-family dwellings, or the establishment of one or more single-family
dwellings on land on which the dwellings would not otherwise be allowed. [2007
c.424 §9]
Sec.
10. (1) If Metro, a city or
a county issued a waiver before the effective date of this 2007 Act [December
6, 2007] for property located, in whole or in part, within an urban growth
boundary, the public entity that issued the waiver must review the claim, the
record on the claim and the waiver to determine whether the claimant is
entitled to relief under section 9 of this 2007 Act. If the public entity that
issued the waiver lacks information needed to determine whether the claimant is
entitled to relief, the public entity shall issue a written request to the
claimant for the required information. The claimant must file the required
information within 90 days after receiving the request. If the claimant does
not file the information, the public entity shall review the claim based on the
information that is available. The public entity shall complete a tentative
review no later than 240 days after the effective date of this 2007 Act. The
public entity shall provide written notice to the claimant, the Department of
Land Conservation and Development and any other person entitled to notice of
the tentative determination as to whether the claimant qualifies for relief
under section 9 of this 2007 Act and, if so, the specific number of
single-family dwellings that the public entity proposes to authorize. The
notice must state that the recipient has 15 days to submit evidence or
arguments in response to the tentative determination, after which the public
entity shall make a final determination. A public entity shall make the final
determination under this subsection within 300 days after the effective date of
this 2007 Act.
(2) If Metro, a city or a county has not
made a final decision before the effective date of this 2007 Act on a claim
filed for property located, in whole or in part, within an urban growth
boundary, the public entity with which the claim was filed shall send notice to
the claimant within 90 days after the effective date of this 2007 Act. The
notice must:
(a) Explain that the claimant is entitled
to seek relief under section 9 of this 2007 Act;
(b) Identify the information that the
claimant must file; and
(c) Provide a form for the claimants use.
(3) Within 120 days after the date the
public entity mails notice under subsection (2) of this section, a claimant
must notify the public entity if the claimant intends to continue the claim and
must file the information required in the notice. If the claimant fails to file
the notice and required information with the public entity within 120 days
after the date the public entity mails the notice, the claimant is not entitled
to relief under section 9 of this 2007 Act.
(4) A public entity that receives a notice
from a claimant under subsection (3) of this section shall review the claim,
the record on the claim, the notice received from the claimant and the
information required under subsection (3) of this section to determine whether
the claim demonstrates that the requirements of section 9 of this 2007 Act are
satisfied. The public entity shall complete a tentative review no later than
120 days after receipt of the notice from the claimant and shall provide
written notice to the claimant, the department and any other person entitled to
notice of the tentative determination as to whether the claimant qualifies for
relief under section 9 of this 2007 Act and, if so, the specific number of
single-family dwellings that the public entity proposes to authorize. The
notice must state that the recipient has 15 days to submit evidence or
arguments in response to the tentative determination, after which the public
entity shall make a final determination. A public entity shall make the final
determination under this subsection within 180 days after receipt of the notice
from the claimant.
(5) If a claimant filed a claim that is
subject to this section after December 4, 2006, the claim must have included a
copy of a final land use decision by the city or county with land use
jurisdiction over the property that denied an application by the claimant for
the residential use described in the claim. If the claim was filed after
December 4, 2006, and did not include a final land use decision denying the
residential use described in the claim, the claimant is not entitled to relief
under section 9 of this 2007 Act. [2007 c.424 §10]
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 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
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) Before beginning construction of any
dwelling authorized under section 6 or 7 of this 2007 Act, 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) 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. 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) 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 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) An owner is not eligible for more than
20 home site approvals under sections 5 to 11 of this 2007 Act, regardless of
how many properties that person owns or how many claims that person has filed.
(6) 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 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 must be carried out, except that
once the owner who obtained the authorization conveys the property to a person
other than the owners 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 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 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
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 claimants 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 within 10 years of the conveyance.
(7) When relief has been claimed under
sections 5 to 11 of this 2007 Act:
(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 [195.305 to 195.336 and
sections 5 to 11 of this 2007 Act] or ORS 197.352 [renumbered 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) 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 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) If a claimant is an individual, the
entitlement to prosecute the claim under section 6, 7 or 9 of this 2007 Act and
an authorization to use the property provided by a waiver under section 6, 7 or
9 of this 2007 Act:
(a) Is not affected by the death of the
claimant if the death occurs on or after the effective date of this 2007 Act;
and
(b) Passes to the person that acquires the
property by devise or by operation of law. [2007 c.424 §11]
195.308
Exception to requirement for compensation. Notwithstanding the requirement to pay just compensation for certain
land use regulations under ORS 195.305 (1), compensation is not due for the
enforcement or enactment of a land use regulation established in ORS 30.930 to
30.947, 527.310 to 527.370, 561.685, 561.687, 561.689, 561.691, 561.693,
561.695, 561.995, 570.005 to 570.600, 570.650, 570.700 to 570.710, 570.995,
596.095, 596.100, 596.105, 596.393, 596.990 or 596.995 or in administrative
rules or statewide plans implementing these statutes. [2007 c.490 §1]
Note: 195.308 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 195 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
195.310
Claim for compensation; calculation of reduction in fair market value; highest
and best use of restricted property; status of use authorized. (1) A person may file a claim for just
compensation under ORS 195.305 and 195.310 to 195.314 after June 28, 2007, if:
(a) The person is an owner of the property
and all owners of the property have consented in writing to the filing of the
claim;
(b) The persons desired use of the
property is a residential use or a farming or forest practice;
(c) The persons desired use of the
property is restricted by one or more land use regulations enacted after
January 1, 2007; and
(d) The enactment of one or more land use
regulations after January 1, 2007, other than land use regulations described in
ORS 195.305 (3), has reduced the fair market value of the property.
(2) For purposes of subsection (1) of this
section, the reduction in the fair market value of the property caused by the
enactment of one or more land use regulations that are 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. 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. A
claimant must provide an appraisal showing the fair market value of the
property one year before the enactment of the land use regulation and the fair
market value of the property one year after the enactment. 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 this subsection. 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.
(3) Relief may not be granted under this
section if the highest and best use of the property at the time the land use
regulation was enacted was not the use that was restricted by the land use
regulation.
(4) If the claimant establishes that the
requirements of subsection (1) of this section are satisfied and the land use
regulation was enacted by Metro, a city or a county, the public entity must
either:
(a) Compensate the claimant for the
reduction in the fair market value of the property; or
(b) Authorize the claimant to use the
property without application of the land use regulation to the extent necessary
to offset the reduction in the fair market value of the property.
(5) If the claimant establishes that the
requirements of subsection (1) of this section are satisfied and the land use
regulation was enacted by state government, as defined in ORS 174.111, the
state agency that is responsible for administering the statute, statewide land
use planning goal or rule, or the Oregon Department of Administrative Services
if there is no state agency responsible for administering the statute, goal or
rule, must:
(a) Compensate the claimant for the
reduction in the fair market value of the property; or
(b) Authorize the claimant to use the
property without application of the land use regulation to the extent necessary
to offset the reduction in the fair market value of the property.
(6) A use authorized by this section has
the legal status of a lawful nonconforming use in the same manner as provided
by ORS 215.130. The claimant may carry out a use authorized by a public entity
under this section except that a public entity may waive only land use
regulations that were enacted by the public entity. When a use authorized by
this section is lawfully established, the use may be continued lawfully in the
same manner as provided by ORS 215.130. [2007 c.424 §12]
195.312
Procedure for processing claims; fees. (1) A person filing a claim under ORS 195.310 shall file the claim in
the manner provided by this section. If the property for which the claim is
filed has more than one owner, the claim must be signed by all the owners or
the claim must include a signed statement of consent from each owner. Only one
claim for each property may be filed for each land use regulation.
(2) A claim filed under ORS 195.310 must
be filed with the public entity that enacted the land use regulation that is
the basis for the claim.
(3) Metro, cities, counties and the
Department of Land Conservation and Development may impose a fee for the review
of a claim filed under ORS 195.310 in an amount not to exceed the actual and
reasonable cost of reviewing the claim.
(4) A person must file a claim under ORS
195.310 within five years after the date the land use regulation was enacted.
(5) A public entity that receives a claim
filed under ORS 195.310 must issue a final determination on the claim within
180 days after the date the claim is complete, as described in subsection (9)
of this section.
(6) If a claim under ORS 195.310 is filed
with state government, as defined in ORS 174.111, the claim must be filed with
the department. If the claim is filed with Metro, a city or a county, the claim
must be filed with the chief administrative office of the public entity, or
with an individual designated by ordinance, resolution or order of the public
entity.
(7) A claim filed under ORS 195.310 must
be in writing and must include:
(a) The name and address of each owner;
(b) The address, if any, and tax lot
number, township, range and section of the property;
(c) Evidence of the acquisition date of
the claimant, including the instrument conveying the property to the claimant
and a report from a title company identifying the person in which title is vested
and the claimants acquisition date and describing exceptions and encumbrances
to title that are of record;
(d) A citation to the land use regulation
that the claimant believes is restricting the claimants desired use of the
property that is adequate to allow the public entity to identify the specific
land use regulation that is the basis for the claim;
(e) A description of the specific use of
the property that the claimant desires to carry out but cannot because of the
land use regulation; and
(f) An appraisal of the property that
complies with ORS 195.310 (2).
(8) A claim filed under ORS 195.310 must
include the fee, if any, imposed by the public entity with which the claim is
filed pursuant to subsection (3) of this section.
(9) The public entity shall review a claim
filed under ORS 195.310 to determine whether the claim complies with the
requirements of ORS 195.310 to 195.314. If the claim is incomplete, the public
entity shall notify the claimant in writing of the information or fee that is missing
within 60 days after receiving the claim and allow the claimant to submit the
missing information or fee. The claim is complete when the public entity
receives any fee required by subsection (8) of this section and:
(a) The missing information;
(b) Part of the missing information and
written notice from the claimant that the remainder of the missing information
will not be provided; or
(c) Written notice from the claimant that
none of the missing information will be provided.
(10) If a public entity does not notify a
claimant within 60 days after a claim is filed under ORS 195.310 that
information or the fee is missing from the claim, the claim is deemed complete
when filed.
(11) A claim filed under ORS 195.310 is
deemed withdrawn if the public entity gives notice to the claimant under
subsection (9) of this section and the claimant does not comply with the
requirements of subsection (9) of this section. [2007 c.424 §13]
195.314
Notice of claim; evidence and argument; record on review; final determination. (1) A public entity that receives a complete
claim as described in ORS 195.312 shall provide notice of the claim at least 30
days before a public hearing on the claim or, if there will not be a public
hearing, at least 30 days before the deadline for submission of written
comments, to:
(a) All owners identified in the claim;
(b) All persons described in ORS 197.763
(2);
(c) The Department of Land Conservation
and Development, unless the claim was filed with the department;
(d) Metro, if the property is located
within the urban growth boundary of Metro;
(e) The county in which the property is
located, unless the claim was filed with the county; and
(f) The city, if the property is located
within the urban growth boundary or adopted urban planning area of the city.
(2) The notice required under subsection
(1) of this section must describe the claim and state:
(a) Whether a public hearing will be held
on the claim, the date, time and location of the hearing, if any, and the final
date for submission of written evidence and arguments relating to the claim;
(b) That judicial review of the final
determination of a public entity on the claim is limited to the written
evidence and arguments submitted to the public entity; and
(c) That judicial review is available only
for issues that are raised with sufficient specificity to afford the public
entity an opportunity to respond.
(3) Except as provided in subsection (4)
of this section, written evidence and arguments in proceedings on the claim
must be submitted to the public entity not later than:
(a) The close of the final public hearing
on the claim; or
(b) If a public hearing is not held, the
date that is specified by the public entity in the notice required under
subsection (1) of this section.
(4) The claimant may request additional
time to submit written evidence and arguments in response to testimony or
submittals. The request must be made before the close of testimony or the
deadline for submission of written evidence and arguments.
(5) A public entity shall make the record
on review of a claim, including any staff reports, available to the public
before the close of the record as described in subsections (3) and (4) of this
section.
(6) A public entity shall mail a copy of
the final determination to the claimant and to any person who submitted written
evidence or arguments before the close of the record. The public entity shall
forward to the county, and the county shall record, a memorandum of the final
determination in the deed records of the county in which the property is
located. [2007 c.424 §14]
195.316
Notice of Measure 37 permit.
In addition to any other notice required by law, a county must give notice of a
Measure 37 permit for property located entirely outside an urban growth boundary
to:
(1) The county assessor for the county in
which the property is located;
(2) A district or municipality that
supplies water for domestic, municipal or irrigation uses and has a place of
use or well located within one-half mile of the property; and
(3) The Department of Land Conservation
and Development, the State Department of Agriculture, the Water Resources
Department and the State Forestry Department. [2007 c.424 §15]
195.318
Judicial review. (1) A
person that is adversely affected by a final determination of a public entity
under ORS 195.310 to 195.314 or sections 5 to 11, chapter 424, Oregon Laws
2007, may obtain judicial review of that determination under ORS 34.010 to
34.100, if the determination is made by Metro, a city or a county, or under ORS
183.484, if the determination is one of a state agency. Proceedings for review
of a state agency determination under ORS 195.310 to 195.314 or sections 5 to
11, chapter 424, Oregon Laws 2007, must be commenced in the county in which the
affected property is located. Upon motion of any party to the proceedings, the
proceedings may be transferred to any other county with jurisdiction under ORS
183.484 in the manner provided by law for change of venue. A determination by a
public entity under ORS 195.310 to 195.314 or sections 5 to 11, chapter 424,
Oregon Laws 2007, is not a land use decision.
(2) A person is adversely affected under
subsection (1) of this section if the person:
(a) Is an owner of the property that is
the subject of the final determination; or
(b) Is a person who timely submitted
written evidence, arguments or comments to a public entity concerning the
determination.
(3) Notwithstanding subsection (1) of this
section, judicial review of a final determination under ORS 195.305 or 195.310
to 195.314 or sections 5 to 11, chapter 424, Oregon Laws 2007, is:
(a) Limited to the evidence in the record
of the public entity at the time of its final determination.
(b) Available only for issues that are
raised before the public entity with sufficient specificity to afford the
public entity an opportunity to respond. [2007 c.424 §16]
195.320
Ombudsman. (1) The Governor
shall appoint an individual to serve, at the pleasure of the Governor, as the
Compensation and Conservation Ombudsman.
(2) The ombudsman must be an individual of
recognized judgment, objectivity and integrity who is qualified by training and
experience to:
(a) Analyze problems of land use planning,
real property law and real property valuation; and
(b) Facilitate resolution of complex
disputes. [2007 c.424 §17]
195.322
Duties of ombudsman. (1) For
the purpose of helping to ensure that a claim is complete, as described in ORS
195.312, the Compensation and Conservation Ombudsman may review a proposed
claim if the review is requested by a claimant that intends to file a claim
under ORS 195.305 and 195.310 to 195.314.
(2) At the request of the claimant or the
public entity reviewing a claim, the ombudsman may facilitate resolution of
issues involving a claim under ORS 195.305 to 195.336 and sections 5 to 11,
chapter 424, Oregon Laws 2007. [2007 c.424 §18]
195.324
Effect of certain applications or petitions on right to relief. (1) If an owner submits an application for a
comprehensive plan or zoning amendment, or submits an application for an
amendment to the Metro urban growth boundary, and Metro, a city or a county
approves the amendment, the owner is not entitled to relief under ORS 195.305
to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, with respect to
a land use regulation enacted before the date the application was filed.
(2) If an owner files a petition to
initiate annexation to a city and the city or boundary commission approves the
petition, the owner is not entitled to relief under ORS 195.305 to 195.336 and
sections 5 to 11, chapter 424, Oregon Laws 2007, with respect to a land use
regulation enacted before the date the petition was filed. [2007 c.424 §19]
195.326
Qualification of appraisers; review of appraisals. An appraiser certified under ORS 674.310 or
a person registered under ORS chapter 308 may carry out the appraisals required
by ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007.
The Department of Land Conservation and Development is authorized to retain
persons to review the appraisals. [2007 c.424 §20]
195.328
Acquisition date of claimant.
(1) Except as provided in this section, a claimants acquisition date is the
date the claimant became the owner of the property as shown in the deed records
of the county in which the property is located. If there is more than one
claimant for the same property under the same claim and the claimants have
different acquisition dates, the acquisition date is the earliest of those
dates.
(2) If the claimant is the surviving
spouse of a person who was an owner of the property in fee title, the claimants
acquisition date is the date the claimant was married to the deceased spouse or
the date the spouse acquired the property, whichever is later. A claimant or a
surviving spouse may disclaim the relief provided under ORS 195.305 to 195.336
and sections 5 to 11, chapter 424, Oregon Laws 2007, by using the procedure
provided in ORS 105.623 to 105.649.
(3) If a claimant conveyed the property to
another person and reacquired the property, whether by foreclosure or
otherwise, the claimants acquisition date is the date the claimant reacquired
ownership of the property.
(4) A default judgment entered after
December 2, 2004, does not alter a claimants acquisition date unless the
claimants acquisition date is after December 2, 2004. [2007 c.424 §21]
195.330
Filing date of documents.
For the purposes of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424,
Oregon Laws 2007, a document is filed on the date the document is received by
the public entity. [2007 c.424 §21a]
195.332
Fair market value of property.
For the purposes of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424,
Oregon Laws 2007, the fair market value of property is the amount of money, in
cash, that the property would bring if the property was offered for sale by a
person who desires to sell the property but is not obligated to sell the
property, and if the property was bought by a person who was willing to buy the
property but not obligated to buy the property. The fair market value is the
actual value of property, with all of the propertys adaptations to general and
special purposes. The fair market value of property does not include any
prospective value, speculative value or possible value based upon future expenditures
and improvements. [2007 c.424 §21b]
195.334
Effect of invalidity. If any
part of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws
2007, is held to be unconstitutional or otherwise invalid, all remaining parts
of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007,
shall not be affected by the holding and shall remain in full force and effect.
[2007 c.424 §21c]
195.336
Compensation and Conservation Fund. (1) The Compensation and Conservation Fund is established in the State
Treasury, separate and distinct from the General Fund. Interest earned on
moneys in the Compensation and Conservation Fund shall be credited to the fund.
The fund consists of moneys received by the Department of Land Conservation and
Development under ORS 195.305 to 195.336 and sections 5 to 11, chapter 424,
Oregon Laws 2007, and other moneys available to the department for the purpose
described in subsection (2) of this section.
(2) Moneys in the fund are continuously
appropriated to the department for the purpose of paying expenses incurred to
review claims under ORS 195.305 to 195.336 and sections 5 to 11, chapter 424,
Oregon Laws 2007, and for the purpose of paying the expenses of the
Compensation and Conservation Ombudsman appointed under ORS 195.320. [2007
c.424 §22]
MISCELLANEOUS
195.850
Reporting local government boundary changes to certain mass transit districts. If changes in the urban growth boundary of a
local government must be included in the boundaries of a mass transit district
formed under ORS 267.107, the local government shall provide the mass transit
district with a legal description of the urban growth boundary and changes to
the urban growth boundary that consists of a series of courses in which the
first course starts at a point of beginning and the final course ends at the
point of beginning. [2001 c.138 §13b]
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