Deadline to File Certain Measure 37 Claims is December 2, 2006
November 7, 2006
Oregon's Ballot Measure 37 (now codified as ORS 197.352) took effect on December 2, 2004. The Measure permits landowners in Oregon to obtain compensation for, or waiver of, land use regulations that negatively affect the value of their property and were enacted after the landowner (or in certain cases, the landowner's family) acquired the property.
For land use regulations that were in existence as of December 2, 2004, the Measure gives landowners two years to apply for relief from those regulations without having to first file a land use application and have the application denied or modified based on the regulation. After December 2, 2006, any landowner wishing to make a claim based on a land use regulation that was in existence as of December 2, 2004, will first have to file a specific land use application, and have the regulation applied to deny or modify the application, before the landowner can file a Measure 37 claim. The Measure does not describe how much detail will have to be included in the land use application, but it is likely that some local governments will require considerable detail about the anticipated plan of development.
Consequently, if you think you have a Measure 37 claim as a result of a land use regulation that was in existence on December 2, 2004, you may want to investigate whether it is beneficial to file your claim before the December 2, 2006 deadline. Tonkon Torp has filed several Measure 37 claims around the state and can assist you in this analysis. If you would like to discuss a possible claim with us, please contact David Petersen at (503) 802-2054 or the attorney with whom you normally consult.