Ruling by LUBA Could Claify Some Land Use Measures

The Associated press.
April 11, 2007
An Oregon board says property owners who use the voter initiative Measure 37 to develop land may need approval from both local and state agencies.
The ruling by the Land Use Board of Appeals is a setback for Willis Lee, 73, who has been trying to divide the 23-acre Ashland property he bought in 1974. He had proposed 5-acre lots, and Jackson County had approved the subdivision.
The decision could clarify some questions about the measure approved in November 2004. Legislators are bargaining over it, too.
Measure 37 requires governments either to pay landowners for the reduced values resulting from land-use regulations or waive the regulations. There are exceptions.
Almost 600 claims representing about 60,000 acres have been filed in Jackson County.
"This is one of the first decisions that has statewide applicability," said Greg Holmes of 1000 Friends of Oregon, a land-use planning advocacy group.
In January, a local judge ruled that Jackson County had erred in not requiring property owners such as Lee to file a separate claim with the state.
"He said we're not allowed to waive state rules and regulations," said Doug McGeary, a lawyer for the county.
So, he said, the county didn't contest the issue before the State Land Use Board of Appeals.
"We conceded," McGeary said.
Commissioner C.W. Smith said the county is informing Measure 37 claimants they may need to file a separate claim with the state, which is interested in reviewing claims involving land zoned for exclusive farm use, for open space reserves, or for forests.
Lee said he will continue to try to divide his property.
Two months ago, he said, after his case went before the state board, he got a waiver from the state.
Now that the case has been settled, he probably will have to file his application with the county again.
He said dealing with the bureaucracy has been an aggravation.
"I lost a lot of sleep in the beginning," he said. "I thought 'I don't want to kill myself over it.'"
Lee plans to talk to county commissioners to find out what steps he'll have to take next.
"It'll work out, or it won't," he said.