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ENB-7.03 - Measure 37 Claims - Property Owner Waiver

MEASURE 37 CLAIMS - PROPERTY OWNER WAIVER
Binding City Policy
BCP-ENB-7.03

 
PURPOSE
 
The Council Finds:
 
1. In November 2004, Oregon voters enacted Measure 37.
 
2. Measure 37 authorizes persons who owned property before the date of enactment of a land use regulation to make a claim for compensation for the enactment or enforcement of that regulation if the regulation restricts the use of the property and has the effect of reducing fair market value of the property.
 
3. Whenever properties are annexed to the City they become subject to the City’s Charter, Code and other regulations.
 
4. Upon annexation, property may increase in value due to new or improved urban services, higher density zoning or other factors. Nevertheless, City regulations may restrict the use of newly annexed property, which could lead to Measure 37 claims.
 
5. When a property owner chooses to file a petition to annex to the City, the property owner is also choosing to be bound by the regulations that have been adopted by the City.
 
6. A property owner should not be able to gain an increase in the fair market value of the property by annexation to the City while still making a claim under any statutory or constitutional regulatory compensation or waiver provisions, including but not limited to Measure 37, based on City regulations that were adopted on or before the date of annexation.
 
7. However, a property owner who seeks annexation to the City should not be required to waive the right to file a claim under statutory or constitutional regulatory compensation or waiver provisions, including but not limited to Measure 37, based on new or amended City regulations that are adopted after the date of annexation.

 
POLICY
 
NOW, THEREFORE, the Council directs:
 
a. The City will not accept, consider or approve any property owner initiated petition for annexation to the City unless all persons or entities with an ownership interest in the property sign a written waiver of any Measure 37 claim based on City regulations that were adopted on or before the date of annexation.
 
b. The signed waiver shall be recorded in the county property records and shall run with the land.
 
c. The signed waiver shall be in a form acceptable to the City Attorney and shall be in substantial conformance with the waiver attached as "Exhibit A".
 
d. The Office of The City Attorney shall maintain copies of recorded waivers.
 
e. This is a binding City Policy.


HISTORY
Ordinance No. 179314 passed and effective June 8, 2005.

Table of Contents
ENB-7.02 - Measure 37 Claims - Clarify Review Process
ENB-7.03 - Measure 37 Claims - Property Owner Waiver