Measure 37 Information

Procedures for Ballot Measure 37 Claims

BOC Order No. 4-05-120, as amended from BOC Order No. 12-04-318

Adopted April 20, 2005

• Claims Filed with Lincoln County
• Measure 37 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

1. The Lincoln County Director of Planning and Development (Director) and Lincoln County Counsel (Counsel) are authorized to develop a form for use by property owners wishing to submit a claim to Lincoln County for compensation pursuant to Ballot Measure 37. The claim form may be modified or amended in any particulars determined appropriate by the Director or Counsel based on their continuing review of the law and developments in the law. The Board of Commissioners (Board) shall approve any fee set for filing the claim.
   
   
2. All Ballot Measure 37 claims against Lincoln County shall be submitted to the Lincoln County Department of Planning and Development which shall be the lead County agency for receiving and reviewing the claims.
   
   
3. The Director shall review all claims. In reviewing the claims, the Director may consult with any other county, city, or state officials, including but not limited to Counsel, Lincoln County Assessor, Lincoln County Finance Director, the Oregon Department of Land Conservation and Development, and the Oregon Department of Administrative Services.
   
   
4. The Director shall notify the Oregon Department of Administrative Services (or any other agency designated by the state of Oregon) of any claims received by the County.
   
   
5. For all claims received after the effective date of this Amended Order:
   
   Within 90 days of receiving a claim (which may be extended at the discretion of the Director), the Director shall schedule a hearing to allow input from interested parties on the threshold criteria needed to determine whether a claim is valid in accordance with the provisions of Ballot Measure 37. Those criteria include, but are not limited to:
   
   

   a. Has Lincoln County enacted or enforced a land use regulation that restricts the use of the subject real property?
   
   b. Has the enactment or enforcement of a land use regulation by Lincoln County had the effect of reducing the fair market value of the subject real property?
   
   c. Is the subject land use regulation exempt from compensation because:
   
   

   (1) It is a regulation that restricts or prohibits activities commonly and historically recognized as public nuisances under common law;
   
   (2) It is a regulation that restricts or prohibits activities for the protection of public health and safety, such as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, and pollution control regulations;
   
   (3) It is a regulation required to comply with federal law;
   
   (4) It is a regulation that restricts the use of a property for the purpose of selling pornography or performing nude dancing; or
   
   (5) It is a regulation enacted prior to the date of acquisition by the owner or a family member of the owner who owned the subject property prior to acquisition or inheritance by the owner, whichever occurred first?
   
   

   d. If the claimant seeks modification or removal of the land use regulation in lieu of compensation, would the modification sought allow the owner to use the property for a use permitted at the time the owner acquired the property?
   
   

6. Notice of the administrative hearing shall be mailed at least 20 days prior to the hearing date to claimant, owners of property within 500 feet of the perimeter of the property subject to the claim as found in the records of the Lincoln County Assessor, active community planning organizations officially recognized by the County whose boundaries include the subject property, and cities or other governmental agencies from which the County has received a request to be notified of claims. Failure to receive notice shall not affect or invalidate any proceedings.
   
   
7. The Hearings Officer for these hearings shall be the Director, Counsel, or their designees. The Director and Counsel are delegated the authority to establish hearing procedures.
   
   
8. For any claim received prior to operative date of this amended order, an administrative hearing shall be held after mailed notice to the parties identified in paragraph 7, but the timeframes identified elsewhere in this order shall be waived, except for the Board’s decision which shall be made within 180 days of the receipt of the claim.
   
   
9. After the administrative hearing is held, and within 120 days of receiving a claim (which may be extended at the discretion of the Director), the Director shall submit a recommendation, together with proposed findings addressing the threshold claim requirements, to the Board stating:
   
   

   a. Whether the claim is valid in accordance with the provisions of Ballot Measure 37 and should be allowed or denied;
   
   b. If the claim is to be allowed, an amount of compensation that could be paid;
   
   c. Alternatively, if the Director recommends non-application, modification or removal or non-application of regulation(s) ("waiver"), the Director shall identify the current land use regulations to be modified, removed or not applied (“waived”) to allow the owner to use the property for a use permitted at the time the owner acquired the property.

10. Within 60 days of receiving the Director’s recommendation on a claim, the Board shall enter an order taking final action on the claim.
    
    
11. In acting on a claim the Board, at its sole discretion, may:
    
    

    a. Deny the claim for failure to qualify pursuant to the requirements of Ballot Measure 37; or
    
    b. Allow the claim and authorize the payment of just compensation, provided funds are available and authorized for this purpose. The amount of compensation shall be finally determined by the Board; or
    
    c. Allow the claim and, in lieu of compensation, modify, remove or not apply the regulation(s) ("waive") in a manner and form determined by the Board to allow the owner to use the subject property for a use permitted at the time the owner acquired the property; and
    
    d. Make such other determination(s) as are required or allowed under the law.
    
    K:\Measure 37\Measure 37 procedures 4.20.05.doc

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