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42 °F Forecast | Road Cams Friday, November 26, 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 24, 2004 Local governments brace for a flurry of land-use claims By DAMIAN MANN Mail Tribune Jackson County governments are scrambling to set up procedures for handling expected claims under Measure 37, the property rights initiative that takes effect Dec. 2. "It is going to be a little messy here for a while," said Tom Humphrey, Central Point community development director. His city and others will draft ordinances and prepare forms to deal with potential claims filed by property owners who feel that zoning or other land-use regulations have devalued their land. Measure 37 requires governments to either compensate property owners affected by regulations passed since they purchased their land, or waive zoning restrictions that limit the use of their land. Most city officials expect the biggest impact will fall on properties in the county, where large tracts of land have been held by the same owner or family trust before zoning ordinances were enacted. Many of these properties are being preserved under state land-use laws as farmland or forestland. Advertisement "It has the potential of being a huge number, but we won’t know until later," said County Commissioner Dave Gilmour, who opposed the measure. The county is considering a fee to cover the costs of staff time needed to process the applications. "It will probably be an hourly rate," said Gilmour. "It is not meant to be punitive." Of particular concern for the county and cities will be the need to weigh the rights of particular property owners and their neighbors. "Would you want your neighbor to have a motocross course or a mini-market?" said Gilmour. Humphrey agreed, saying, "It’s like walking a tightrope between property owners." Central Point is considering a sample ordinance prepared for the League of Oregon Cities conference on Nov. 5. One of the provisions of the ordinance would allow a third party to file a lawsuit if the value of his property was diminished by a Measure 37 claim. The third party would be entitled to recover damages and attorney’s fees from the claimant.For example, an open pit mine established in a residential area because of a Measure 37 claim could be contested by neighbors because it would adversely affect their property values. County Planning Chairman Reeve Hennion said Jackson County will attempt to balance the rights of property owners and their neighbors and the interests of the community as a whole. Hennion doesn’t think the majority of voters who approved the measure envisioned maximum development of property in the county; they just wanted the land-use process to be fairer. He also doesn’t think that either side’s prognostications of the measure’s impact are correct. "The proponents who say it will solve the problems of the past are mistaken," he said. "And the opponents who say it will upset all of Oregon are mistaken." C.W. Smith, who will be sworn is as county commissioner in January, said it’s too early to tell how far-reaching the measure will be. "That is the $1,000 question," said Smith, who supported Measure 37. "But I don’t want to make any drastic pronouncements." He said there is also the legal question that if a property owner had never requested a change to his property in the past, he might not be entitled to it now. "If they never applied, then they were never impacted," he said. Smith said he has talked to a number of property owners who are looking into filing a claim over Measure 37. Medford Planning Director Rob Scott said higher density zoning within the city generally benefits the property owner. While the city creates value in property, Scott said the county generally tries to protect resource land. The city will be holding a study session on Measure 37 on Dec. 2. "My initial assessment is there will be more impact on the county," Scott said. Reach reporter Damian Mann at 776-4476, or e-mail [email protected] County is working on a processing procedure The county hasn’t fully developed its processing procedure for property owners who want to file a claim under Measure 37. County Planning Chairman Reeve Hennion said the forms likely will be available at the county Planning Department and the county administrator’s office as well as online at www.jacksoncounty.org . The forms will be turned in to the county administrator’s office, which will verify information on the form before turning it over to another county department. A small deposit, which has yet to be determined, will be required when the claim is filed. If the claim has been substantiated, the county can then make a determination whether compensation is owed, or whether to waive zoning regulations. Hennion expected many of the claims could go before the county commissioners for approval. The Planning Commission plans a public hearing on Measure 37 at 9:15 a.m. Dec. 9 in the courthouse auditorium, 10 S. Oakdale Ave., Medford. 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