Measure 37 report and recommendations to Sen. Floyd J. Prozanski, Jr., Rep. Gregory H. Macpherson, Co-Chairs, Joint Special Committee on Land Use Fairness, 2007 Legislative Session Public Deposited

http://ir.library.oregonstate.edu/concern/defaults/jh343x244

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  • In summary, as detailed below in Section III, we recommend the 2007 Legislature put Measure 37 back on the track of fair and honest compensation for all claimants, and corral the threat to Willamette Valley agriculture at the same time, by providing as follows: • Whether in the form of a payment of money or in the form of a waiver, compensation should be based on losses landowners actually experienced; • Waivers approved on that basis should be transferable; • Compensation should be based on the proposal by Oregonians in Action submitted to the Oregon Supreme Court on December 5, 2005 (Appendix A), i.e. compensation should equal the reduction in value caused by the enforcement of a land use regulation at the time of its enforcement, plus interest paid on that loss, from the date of enforcement to the date the claim is filed; • The value of a prohibited development right, like a farm homesite, is compensable, notwithstanding strongly rising farm land market values; • The size of waivers should be based on loss of value, not an arbitrary “cap;” • Compensation should take into account property tax reductions for farm and forest land received since 1974; • A landowner who could build a house when a tract of land was purchased may build a house on that tract today, despite a later adopted land use regulation; • Counties and DLCD should be given an extension of time to process the recent flood of claims; • No “freeze” or “suspension” for filed claims or building permits demanding 2-9 home sites until a statewide vote on the Legislature’s changes to Measure 37; • Filed claims demanding 2-9 lots will be given extensions to amend claims to show reduction in value, and that the waiver sought is equal in value to the owner’s loss; claims and permits may then proceed; • For certain claimants who filed claims and incurred certain expenses, a tax credit could provide for recoupment of documented expenses up to $5,000; • The 28% of claims seeking subdivisions of 10-500 lots or more will be suspended pending voter approval of the Legislature’s adjustments to Measure 37; if the measure is approved, such claims may be amended to show reduction in value as recommended here; • The Legislature should refer modifications to Measure 37 to the September 2007 ballot. In developing this report, we acknowledge assistance provided by Henry R. Richmond, Executive Director, American Land Institute; professors Andrew J. Plantinga and William K. Jaeger, Department of Agricultural and Resource Economics, Oregon State University; and Dr. Sheila M. Martin, Director, and Erik Rundell, Graduate Research Assistant, Institute of Portland Metropolitan Studies, Portland State University.
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  • description.provenance : Approved for entry into archive by Digital Production(digitalproduc@gmail.com) on 2007-09-17T23:27:25Z (GMT) No. of bitstreams: 1 Measure37RptRecs.pdf: 114239 bytes, checksum: 679e295d6d9ea832967dbd1069fa5c39 (MD5)
  • description.provenance : Made available in DSpace on 2007-09-17T23:28:03Z (GMT). No. of bitstreams: 1 Measure37RptRecs.pdf: 114239 bytes, checksum: 679e295d6d9ea832967dbd1069fa5c39 (MD5) Previous issue date: 2007-03-21
  • description.provenance : Submitted by Linda Kathman (linda.kathman@oregonstate.edu) on 2007-09-17T23:26:35Z No. of bitstreams: 1 Measure37RptRecs.pdf: 114239 bytes, checksum: 679e295d6d9ea832967dbd1069fa5c39 (MD5)
  • description.provenance : Approved for entry into archive by Linda Kathman(linda.kathman@oregonstate.edu) on 2007-09-17T23:28:01Z (GMT) No. of bitstreams: 1 Measure37RptRecs.pdf: 114239 bytes, checksum: 679e295d6d9ea832967dbd1069fa5c39 (MD5)

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