Measure 37 Information

Land use Regulation Compensation Claims - Instructions and General Information

Measure 37 Claim Forms
State of Oregon Measure 37 Claim Form	Lincoln County Measure 37 Claim Form and Supplementary Info Form
State of Oregon Measure 37 Claim Form	Lincoln County Measure 37 Claim Form and Supplementary Info Form

Filing a Claim

Ballot Measure 37 allows property owners to demand compensation or, in lieu of compensation, the waiver of regulations, in cases where land use rules imposed after the current owner acquired a property have the effect of reducing the value of the property. Demands for compensation or waivers must be presented to the government entity (city, county, state) responsible for imposing the regulation(s). For land use regulations enacted by Lincoln County, claims are to be filed with the Department of Planning and Development. The attached claim form and supplemental information sheet (*pdf file) can be used to submit claims to the department for review and processing.

What is Covered

Measure 37 allows claims for most land use regulations, including most comprehensive plan and zoning ordinance requirements.

Measure 37 does NOT allow claims for health and safety regulations such as building codes, fire codes, flood hazard area regulations, solid waste ordinances and on-site sewage disposal regulations.

Pre-Claim Conference

We strongly encourage claimants to schedule a pre-claim conference with planning staff to discuss your claim and go over the information needed to properly review and act on your claim. This pre-claim conference process is intended to assist property owners in understanding the claims process and to ensure that submitted claims will be complete and accurate. Staff planners are available on an appointment basis to meet with property owners and agents for this purpose. There is no charge for this service.

Claims Review and Disposition Process

Claims will be reviewed by the Department of Planning and Development for accuracy and completeness. After completing this review, the department will forward the claim, along with a recommendation for its disposition, to the Lincoln County Board of Commissioners for a final decision.

If the claim is determined to be invalid, the board may deny the claim.
If the claim is determined to be valid, the board may authorize payment of compensation, or they may instead authorize the modification or removal of a land use regulation in order to permit the use of the property in a manner allowed at the time the present owner acquired it.

The decision of whether to pay monetary compensation or to provide modification or removal of regulation(s) is at the sole discretion of the Board of Commissioners. Please note that the claims review process will take up to 180 days.

Modification or Removal of State Regulations

Lincoln County has no authority to modify, remove or otherwise waive land use regulations enacted by the State of Oregon. If you believe that you may have a claim based on laws such as those governing wetland fill and removal, forest practices, mined land reclamation and others enacted by the state, you must file your claim with the State of Oregon.

Some local zoning regulations enacted by Lincoln County reflect requirements in state law, either statute or administrative rule. It is presently unclear under Measure 37 whether the full settlement of a claim for these local regulations based on state law requires action by both the local government and the state. For this reason, if you are making a claim for a local regulation that is based on state law, you may need to file a claim with both Lincoln County and the State of Oregon. Planning staff can advise you if your claim potentially involves both state and local regulations.

Advice and Assistance

Staff of the Planning and Development Department will assist property owners in understanding the information required to file a claim and we will be happy to accept your claims and to explain our process for reviewing claims. However, we cannot provide you with legal advice or assistance in preparing and filing a compensation claim.

Measure 37 is a new law and there many uncertainties associated with its implementation. We strongly encourage property owners to consult with an attorney prior to filing a Measure 37 compensation claim.

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For additional requirements or questions, please call us at 541-265-4192.