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52 °F Forecast | Road Cams Monday, November 15, 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 November 14, 2004 Officials worry over measure’s ambiguities By DAMIAN MANN Mail Tribune Measure 37 could become a legal minefield for government officials trying to sort through its ambiguities. "There are more questions than there are answers," said Steve Rinkle, senior counsel for Jackson County. "There will be a lot of unintended consequences." Rinkle went to a meeting in Salem last week with about 80 other attorneys representing municipalities throughout the state. "There’s very little consensus around the state and a lot of ambiguity as regards to Measure 37," he said. He expects the dust to settle eventually, however, after court cases and some legislative decisions. Advertisement In the meantime, Oregon counties and cities will be wrestling with how to interpret the measure, which Rinkle says was "poorly drafted." What the counties do know is that on Dec. 2, when the measure takes effect, property owners will be filing claims. Although claims can be filed up to two years after Dec. 2, Rinkle said language in the measure leads him to believe the process is more open-ended. But other attorneys discount this idea. Property owners making claims will be limited in their ability to develop their land by federal laws, health and safety regulations, activities that have historically been recognized as a public nuisance, restrictions on pornography or nude dancing and regulations that applied prior to the date of the acquisition of the property. In Jackson County, most zoning laws began in 1973, although there appear to be some ordinances affecting the division of lands that date to 1959. Rinkle said the county will have to become more familiar with these older rules and regulations as it reviews claims from property owners. In addition, Rinkle said appraisers will have to figure out what a property’s value was at the time it was purchased in case the county agrees to compensate the property owner for loss of value. "Paying compensation is unlikely, but there are times when we may do it," he said. Dave Hunnicutt, executive director of Oregonians in Action, said that in the case of a family-owned property, the municipality would have to go back two generations to determine compensation that would be paid in today’s dollars. The county could instead allow the owner to develop the property, but the land would have to meet the regulations at the time it was purchased or inherited. Hunnicutt said it will take a while for the county and state to get used to the measure. "The first year or two, there will be a lot of work," he said. 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