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- Subscribe - Contact Us - Rate Card - Place an Ad Archives Revels Classifieds Real Estate Guide Weather Subscribe Contact Us November 18, 2004 Council grapples with implications of Measure 37 By Vickie Aldous Ashland Daily Tidings Landowners who file claims under Measure 37 against the city of Ashland likely will have to pay for the staff time needed to process those claims. Oregon voters approved the so-called "takings" measure earlier this month, setting off a scramble among cities, counties and other jurisdictions to set up claims processing steps by Dec. 2, when the measure takes effect. In a Wednesday afternoon study session, Ashland City Council members directed city staff to draft an ordinance that will include a number of requirements for claimants. The council will hold a special meeting on Tuesday, Nov. 30, to adopt the emergency ordinance. Councilor John Morrison acknowledged Measure 37 reflects the will of the majority in the state, but said the city has an obligation to defray some of the costs of processing the claims to avoid burdening taxpayers. "We're not being obstructionist. But we do have a responsibility to the citizens of Ashland," he said. Claims fees will help cover staff time for processing. No funding has been identified to pay for the alleged devaluation of property caused by city land use ordinances. Councilors want claimants to be responsible for researching the regulations that were in effect when they purchased their property, rather than further burdening staff with questions. However, city staff members are compiling a timeline of when ordinances were adopted. According to the language of the measure, a landowner must have owned property prior to the enactment of a new regulation in order to claim any loss in value. "The intent of the measure is to be able to do on their property what they could when they bought the property," said Ashland City Attorney Mike Franell. Landowners cannot file claims based on hypothetical plans for developing their property. Instead, they must have filed a development application with the city's planning department and been rejected, or have started construction without a building permit and been stopped, said Franell. The city council has the option of waiving a land use regulation and allowing construction to proceed, or paying the landowner for lost value. For each case that is deemed valid by city staff, the council will hold a public hearing to discuss whether to waive the regulation in question or compensate the property owner. "I have no idea how many Measure 37 claims we'll see in Ashland," Franell told councilors. "It's possible you could be inundated and not be able to do other work." In a strange twist, neighbors who feel their property has been devalued by a landowner building a previously illegal development can sue that landowner, Franell said. That scenario, combined with the prospect of irate landowners suing governments if their Measure 37 claims are denied, could lead to legal quagmires, some fear. "To some extent, it (Measure 37) sounds like The Attorneys Full Employment Act," said Mayor Alan DeBoer. Ashland land use rules that are most vulnerable to Measure 37 claims because they were recently adopted include the "big box" ordinance governing the size of buildings throughout the city, the maximum house size rule affecting historic districts, the tree ordinance and the downtown design standards, according to Community Development Director John McLaughlin. In the future, the council may have to consider whether to adopt any new land use rules, which could spark additional claims, McLaughlin warned. "Basically anything that we do that's restrictive, anyone affected by it can file a claim," he said. "Do we want to do anything new that is restrictive?" Franell said any new ordinance might have to include language that says the new rule only applies to property owners who bought their property after the rule was adopted. DailyTidings.com Home Page Archives | Revels | Classifieds | Real Estate Guide | Weather | Subscribe | Contact Us Copyright 2005 Ashland Daily Tidings and Ottaway Newspapers All Rights Reserved Slippers Isotoner Slippers Dsw Shoes Ceramic Piggy Banks Fanny Mae Eloans Calenders 2005 Calender 2005 Accelerate Weight Loss Programs Citibank Student Loans Acs Loan Matchmaking & Dating Scripts Adventure Travel Conference Calls - $50/Month Security Systems student loan consolidation helzberg diamonds Click Here Site Search: .:Advertisements:. RESOURCES - Mail Tribune News - ODOT Road Cams