POL Government Elected Officials Auditor Mary Hull Caballero Charter, Code and Policies City Code & Charter Online Code & Charter Title 5 Revenue and Finan Chapter 5.75 Claims Under ORS Chapter 195 and 197
5.75.100 Determination of Common Law Vested Right.


A.  A person with an approved Measure 37 claim may apply for a determination that the person has a common law vested right to continue and complete a use or development allowed by an approved Measure 37 claim consistent with Measure 49.


B.   An applicant seeking to establish a common law vested right for an approved Measure 37 claim must submit the following information:

1.   The name, mailing address, and telephone number of the applicant.


2.   A legal description and tax lot numbers of the subject property as well as a street address for the property, if any.


3.   A copy of the approved Measure 37 claim decision from the City of Portland and, if appropriate, the State of Oregon.


4.   Additional information sufficient to address each of the factors listed in Subsection C of this Section.

C.  The factors to be considered by the Program Manager and the City Council in determining whether the applicant has a common law vested right to continue and complete a use or development allowed by an approved Measure 37 claim are:

1.   The amount of money spent on developing the use in relation to the total cost of establishing the use.


2.   The good faith of the property owner.


3.    Whether the property owner had notice of the proposed change in law before beginning development.


4.   Whether any improvements could be used for other allowed uses.


5.   The kind of use, and the location and cost of the development.


6.   Whether the property owner's acts are more than mere contemplated use or preparation, such as the leveling of land, boring test holes, or preliminary negotiations with contractors or architects.


7.   Other relevant factors.

D.  The Program Manager shall review the application to ensure that it provides the information required by Subsections B and C of this Section.  If the Program Manager determines that the application is incomplete, the Program Manager shall, within 30 days after the filing of the application, provide written notice of the incompleteness to the applicant.  If the applicant fails to respond or submit the missing information within 30 days of the date of the Program Manager's notice, the application shall be considered complete on the date it was filed with the City of Portland.


E.  The Program Manager shall prepare a written report with the determinations required by Subsections B and C of this section and the reasoning to support the determination.  The report shall include a recommendation to the City Council on whether the applicant has established a common law vested right to continue and complete a use or development allowed by an approved Measure 37 claim.


F.  The Program Manager shall provide the report to the City Council, the claimant, Metro, and other persons who request a copy. 

Title 5 Revenue and Finan
Chapter 5.01 (Repealed)
Chapter 5.04 Funds
Chapter 5.08 Payment Of Salaries, Wages And Expenses
Chapter 5.09 Deferred Compensation Plan
Chapter 5.10 City Charitable Campaign
Chapter 5.12 Assignment or Garnishment of Salaries, Wages or Claims
Chapter 5.16 Emergency Checks
Chapter 5.20 Budget Procedure
Chapter 5.24 Auditor's Records and Reports
Chapter 5.30 Collections and Foreclosure Process
Chapter 5.31 Collections & Foreclosure Process For Delinquent Sewer Safety Net Liens
Chapter 5.32 (Repealed)
Chapter 5.33 Goods and Services
Chapter 5.34 Public Improvements and Construction Services
Chapter 5.36 Property Control
Chapter 5.40 Demands and Disbursements
Chapter 5.44 (Repealed)
Chapter 5.48 Charges for Services Performed
Chapter 5.50 Collections Section
Chapter 5.52 Petty Cash and Checks
Chapter 5.56 Ambulance Service
Chapter 5.60 Miscellaneous Charges
Chapter 5.64 Miscellaneous Fiscal Provisions
Chapter 5.68 Professional, Technical and Expert Service Contracts
Chapter 5.72 Economic Development Projects
Chapter 5.73 Arts Education and Access Income Tax
Chapter 5.74 Acquisition of Public Art
Chapter 5.75 Claims Under ORS Chapter 195 and 197