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Union County commissioners reject big Measure 37 claim
Saturday, June 10, 2006 | No comments posted.
LA GRANDE (AP) - Union County commissioners have given a tentative thumbs-down to a Measure 37 claim over land that has been in a family's hands for decades.
The request involved plans by Dennis Rasmussen to put housing on 1,750 acres of farmland northeast of La Grande.
Measure 37 says that when land-use rules change and reduce the value of an owner's property, the owner can ask for compensation or a waiver of the rules.
In Rasmussen's case, the land is owned by a family corporation, Terra-Magic Inc., that was formed in 1976, after the state's land-use rules became effective.
Rasmussen's attorney, David Smith of Tigard, said the actual claimant under Measure 37 is Martha Joy Rasmussen, who is in a Denver nursing home.
He said she started acquiring the land in 1946 and had acquired all of it by 1969, before the current land-use plans were put in place, and she retains an interest through her ownership of Terra-Magic stock.
Paul Dewey, a Bend attorney retained by four neighbors, told commissioners they'd “turn Oregon corporation law on its head” if they allowed Rasmussen's claim. He said it's clear Terra-Magic is the owner and should be the applicant.
At a hearing, residents objected to the development plans.
Ted Schroeder, a neighbor, said he supported Measure 37, but this isn't what he voted for.
“I did not vote for mega-projects such as this, that would create multimillionaires at the expense of the neighbors and at the expense of generations to come,” he said.
Commissioners said they would make the decision final June 21. Smith said Rasmussen would pursue the claim in Circuit Court.
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Information from: The (La Grande) Observer, http://www.lagrandeobserver.com/
The request involved plans by Dennis Rasmussen to put housing on 1,750 acres of farmland northeast of La Grande.
Measure 37 says that when land-use rules change and reduce the value of an owner's property, the owner can ask for compensation or a waiver of the rules.
In Rasmussen's case, the land is owned by a family corporation, Terra-Magic Inc., that was formed in 1976, after the state's land-use rules became effective.
Rasmussen's attorney, David Smith of Tigard, said the actual claimant under Measure 37 is Martha Joy Rasmussen, who is in a Denver nursing home.
He said she started acquiring the land in 1946 and had acquired all of it by 1969, before the current land-use plans were put in place, and she retains an interest through her ownership of Terra-Magic stock.
Paul Dewey, a Bend attorney retained by four neighbors, told commissioners they'd “turn Oregon corporation law on its head” if they allowed Rasmussen's claim. He said it's clear Terra-Magic is the owner and should be the applicant.
At a hearing, residents objected to the development plans.
Ted Schroeder, a neighbor, said he supported Measure 37, but this isn't what he voted for.
“I did not vote for mega-projects such as this, that would create multimillionaires at the expense of the neighbors and at the expense of generations to come,” he said.
Commissioners said they would make the decision final June 21. Smith said Rasmussen would pursue the claim in Circuit Court.
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Information from: The (La Grande) Observer, http://www.lagrandeobserver.com/
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