Friday, May 13, 2005

Measure 37 report

Oregon's Measure 37 in the last election allows landowners to file for an exemption from land use restrictions if they bought their land before the restriction went into effect. The alternative is that the government can apply the restriction, but must pay the landowner for the loss in value.
It appears that the state is now awarding some people those exemptions, as the two most high profile cases during the election last year have just been given the right to develop on their land.
State officials announced approval Thursday for a pair of high-profile claims: one to split Multnomah County widow Dorothy English's forestland, and one to allow a subdivision on Maralynn Abrams' 342 acres of Yamhill County farmland. Both cases were clear winners under Measure 37, which promises development rights or government payments to landowners hurt by planning rules, said Lane Shetterly, Department of Land Conservation and Development director. Unlike some claimants in the state's first batch of responses last week, English and Abrams showed they bought their land before restrictions limited property value.
Which is interesting. I'll be curious after a while how many claims get denied because they can't prove that they bought their land before the restrictions went into play. One would think that the land owner would know the answer to this question before filing the claim.
One of the claims was filed by Maralynn Abrams of Yamhill county. Here's an interesting statement that the paper got from someone in the neighborhood:

The Abramses seem to fit Measure 37 criteria, said Marilyn Reeves of the planning advocacy group Friends of Yamhill County. Reeves said she hopes residents' concerns will be taken into account when the Abramses submit development plans.

"We'd love to find out what this all means after they receive their claim," Reeves said. "What will be the opportunity for public comment?"

The Abramses say they will work with the county and comply with all modern subdivision codes.

Public comment? Do the Abrams land development plans really have to be subject to public comment if they are complying with local subdivision codes and the state gave them the OK to develop to 1950s standards? This sounds like this particular local just isn't happy that someone gets to duck the existing regulations.

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