Note: There is a maximum of 200 words per comment. If you wish to post more, please visit our forum.
Agencies falter in land use claim responses
Friday, June 10, 2005 | 1 comment(s)
PORTLAND (AP) - The first appeal of a Measure 37 claim has been filed by a Dundee man charging that he has not gotten an answer to his land-use claim within the allotted 180 days.
More such appeals likely will follow.
Six months have passed since Oregonians started applying for zoning waivers or monetary compensation under the law passed by voters in November.
The law says property owners whose land has lost value because of land-use regulations must either be paid for the loss or granted a waiver of the restriction.
Howard Meredith wants to build a fast-food restaurant or drive-through coffee shop in Dundee. City officials say they haven't answered his claim because he didn't follow local Measure 37 procedures.
As the deadline for response approaches for other claims, landowners will have to decide whether to grant governments extensions or go to court.
More than 1,000 claims have been filed with city, county and state offices.
"The law says what the law says," said Washington County planning manager Mark Brown, whose stack of claims leads in the state. "If you miss the 180th day, the person has a right to go to circuit court. That's a far more time-consuming and expensive way to do this than staying ahead of it."
Dundee required a $500 fee, proof of ownership, a list of regulations restricting land value and other documents. Meredith and his attorney, Russell Baldwin, instead submitted a two-page letter requesting $250,000 or the right to opt out of "all restrictions and land-use regulations" enacted since 1975. According to the city's ordinance, the 180-day clock starts ticking only when a claim is deemed complete - which the city says Howard's never was.
Most land-use lawyers tell clients to follow local Measure 37 standards that seem reasonable. Still, the law allows claimants to opt out and sue after 180 days.
The city would be required to pay Meredith's attorney fees if a judge agreed with his plea.
Meredith has never applied to operate a drive-through business from his land along Highway 99W, but city codes seem to prohibit it. "They say they don't have to do nothing," he said. "We're going to put that to a real good test in circuit court."
The Association of Oregon Counties has advised local governments to start the timer as soon as a claim is filed and try to respond quickly, said policy manager Art Schlack.
For Deschutes County, processing 42 claims has delayed regular land-use reviews. Subdivision plans that would have been processed quickly before are now pushing their response deadline, community development director Tom Anderson said. But Measure 37 is top priority.
"We are acutely aware of the 180-day clock for each of the claims," he said. "We're going to great pains to stay within it."
More such appeals likely will follow.
Six months have passed since Oregonians started applying for zoning waivers or monetary compensation under the law passed by voters in November.
The law says property owners whose land has lost value because of land-use regulations must either be paid for the loss or granted a waiver of the restriction.
Howard Meredith wants to build a fast-food restaurant or drive-through coffee shop in Dundee. City officials say they haven't answered his claim because he didn't follow local Measure 37 procedures.
As the deadline for response approaches for other claims, landowners will have to decide whether to grant governments extensions or go to court.
More than 1,000 claims have been filed with city, county and state offices.
"The law says what the law says," said Washington County planning manager Mark Brown, whose stack of claims leads in the state. "If you miss the 180th day, the person has a right to go to circuit court. That's a far more time-consuming and expensive way to do this than staying ahead of it."
Dundee required a $500 fee, proof of ownership, a list of regulations restricting land value and other documents. Meredith and his attorney, Russell Baldwin, instead submitted a two-page letter requesting $250,000 or the right to opt out of "all restrictions and land-use regulations" enacted since 1975. According to the city's ordinance, the 180-day clock starts ticking only when a claim is deemed complete - which the city says Howard's never was.
Most land-use lawyers tell clients to follow local Measure 37 standards that seem reasonable. Still, the law allows claimants to opt out and sue after 180 days.
The city would be required to pay Meredith's attorney fees if a judge agreed with his plea.
Meredith has never applied to operate a drive-through business from his land along Highway 99W, but city codes seem to prohibit it. "They say they don't have to do nothing," he said. "We're going to put that to a real good test in circuit court."
The Association of Oregon Counties has advised local governments to start the timer as soon as a claim is filed and try to respond quickly, said policy manager Art Schlack.
For Deschutes County, processing 42 claims has delayed regular land-use reviews. Subdivision plans that would have been processed quickly before are now pushing their response deadline, community development director Tom Anderson said. But Measure 37 is top priority.
"We are acutely aware of the 180-day clock for each of the claims," he said. "We're going to great pains to stay within it."
The comments below are from users of theworldlink.com and do not necessarily represent the views of The World or Lee Enterprises. Participation Guidelines
Note: There is a maximum of 200 words per comment. If you wish to post more, please visit our forum.
Note: There is a maximum of 200 words per comment. If you wish to post more, please visit our forum.
Not already registered?
The World welcomes your comments about stories, and we encourage a robust dialogue on this site. All comments must meet reasonable standards of decency and civility.
Please follow these basic rules:
- No defamatory comments about individuals or businesses.
- No deliberately false information.
- No obscenity or racially offensive language.
- No harassment, verbal abuse, threats or personal attacks.
- No information that invades another person's privacy.
- No business solicitations or charitable solicitations.
Comments that violate these standards will not be posted. Users with repeated violations may be banned from future posting.Comments will be approved throughout the day during business hours. After hours and weekend comments may not appear until the following business day. It may take a couple of hours before comments are approved.
The World generally does not edit comments, but we reserve the right to edit any comment that does not meet our standards.
Close Guidelines