Tonkon

Legal Updates & Alerts

Deadline Extended for Resolution of Certain Measure 37 Claims

May 29, 2007
On May 10, 2007, Governor Kulongoski signed House Bill 3546, which extends the time period for government entities to decide certain Measure 37 claims from 180 to 540 days. Under Measure 37 as passed by the voters in 2004, any claimant whose claim has not been decided within 180 days of filing the claim has an action in Circuit Court for payment of compensation for the lost property value caused by the challenged land use regulations, plus recovery of attorney fees. Because of another deadline in Measure 37 making it more difficult to file claims after December 4, 2006, a large number of claims were filed in November and early December 2006. Local governments were overwhelmed by the number of claims in such a short period of time and felt unable to properly process all claims by the 180-day deadline. The Legislature provided relief by extending the deadline to 540 days after the claim was filed, but only for claims filed on or after November 1, 2006. Claims filed before that date are still subject to the 180-day deadline.

The Legislature presently is considering House Bill 3540, which would refer to the voters several significant, substantive changes to Measure 37. Please watch for another update if and when that bill is finalized.