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49 °F Forecast | Road Cams Thursday, December 9, 2004 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics Tempo AP News Weather Classified Archives Site Map SPECIAL SECTIONS Since We Asked Outdoor Journal Menu Guide How To Guide Wellness Connection Readers' Choice Real Estate Showcase Joy Magazine Homelife Magazine Wedding Guide Passport to the Rogue Valley EXTRA Newspaper in Education Personals Movie Times TV Times E The People MARKETPLACE Find a Car Find a Home Find a Job Classifieds Place an ad eSouthernOregon Automotive Communities Entertainment Publications Recreation Calendar CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit Network Affiliate Oregon Road Conditions & Cams Email Story to a Friend December 1, 2004 Cities prepare for Measure 37 onslaught As they study and prepare ordinances, leaders aren’t really sure what’s going to happen when the new property rights measure kicks in Thursday By MEG LANDERS Mail Tribune With the state’s new property rights measure scheduled to take effect Thursday, cities in Jackson County and elsewhere are scrambling to adopt ordinances to handle claims — though no one knows what to expect. "We’re seeing a galaxy of differences in the ordinances," said Linda Ludwig, senior staff associate of the League of Oregon Cities in Salem. She said some cities are charging a flat application fee, some have a fee with a cap, and still others have one fee for claims that prove valid and a different fee for those that don’t. Most of the ordinances are modifications of a proposal presented to city leaders during the annual League of Oregon Cities conference Nov. 4. Not only is it unknown how many claims will be filed, Ludwig said, but the future of the measure itself is uncertain. Advertisement "We don’t know if the Legislature is going to take up the measure and make any statutory changes to the measure," she said. Under Measure 37, approved Nov. 2, property owners can receive reimbursement from state and local governments or exemption from zoning laws if they can prove regulation changes hurt their property values. Eagle Point was the first to pass an ordinance detailing how to handle claims. Approved Nov. 23, the ordinance includes a clause stating that costs to city staff will be passed on to the person filing the claim. The Ashland City Council held an emergency meeting Tuesday to adopt its ordinance, which includes a $250 application fee.Today Phoenix will hold an emergency council meeting, and Talent will consider an ordinance at its regular council meeting. Phoenix proposes to charge $200 for a preliminary review to determine a claim’s validity, $350 for a full review and $30 an hour after the first seven hours of staff time. Talent proposes a $400 deposit, $100 of which is non-refundable, and may charge additional fees depending on staff time invested. Medford’s draft ordinance, to be considered during its council meeting Thursday, will charge the staff time it takes to investigate claims. Central Point is still writing an ordinance it will consider at its Dec. 9 meeting. Both Ashland and Phoenix are including a clause that allows third parties to sue claimants if their actions devalue neighboring properties. Rogue River and Jacksonville are developing draft ordinances for council review, and Gold Hill plans to discuss an ordinance in January. Butte Falls, Shady Cove and Jackson County have yet to draft an ordinance. The county has created forms in anticipation of claims being filed, but so far there has only been talk of an ordinance. "We’re studying the issue," said County Counsel Mike Jewett, adding that the county has had no indication of the number of claims that might come through. Medford City Attorney Ron Doyle anticipated legal challenges to the measure because of its wording. "There are some problems and some ambiguities in the way it is written," he said. Medford Finance Director Jef Faw said there is no money set aside in the city’s budget to reimburse property owners. Any reimbursements would have to come from the city’s contingency fund, he said. Clark Stevens, land use consultant and partner of Richard Stevens & Associates in Medford, said he’s fielded questions from potential claimants but hasn’t seen any formal proposal. Measure 37 may turn out to be a big issue in the region, or it may not, he said. "We’re in a holding pattern along with everybody else," he said. Reach reporter Meg Landersat 776-4481 or e-mail [email protected] . Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2004 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback ADVERTISERS A D V E R T I S E R S SPECIAL SECTIONS Auto Finder Job Finder Home Finder Joy Magazine Homelife Magazine Tempo Readers' Choice Real Estate Showcase Since We Asked Outdoor Journal Moving to Southern Oregon? Volunteer Opportunities