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47 °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 3, 2004 Helen Garner was one of three people to file a claim Thursday with Jackson County, the day Measure 37 took effect. Mail Tribune / Bob Pennell A new reality Measure 37 becomes the law in Oregon, offering rural landowners a chance to make plans for their property By DAMIAN MANN Mail Tribune Helen Garner’s dream of dividing her 134 acres on the southeast flank of Roxy Ann into 10-acre lots took a step closer to reality after Measure 37 became law Thursday. "I just want my property rights back to what they were in 1957 so we can do what we wanted with my property," said the 80-year-old widow, whose hilltop house has commanding views of the valley. Garner, who has one son and three daughters, was the first Jackson County resident to file a claim Thursday under the property-rights measure passed by voters Nov. 2. About 24 applications were picked up and three claims were filed at the County Administrator’s Office. Applications were also available online at www.jacksoncounty.org . Advertisement "I have to say we had no idea what to expect," said Dave Kanner, deputy county administrator. "We’re just taking it as it comes." But he cautioned people filing claims not to expect overnight responses from the county. "It shouldn’t surprise anyone that it will take the entire 180 days to process these claims because there are so many unanswered questions," he said. In cities contacted throughout the county, only one claim form was picked up, in Medford. The measure requires government agencies to either compensate property owners for zoning restrictions that have been proven to devalue their land or waive those restrictions. Garner said she and her husband purchased 240 acres on the slope of Roxy Ann in 1957 as investment property with the idea of selling off portions here and there. But that plan ended in 1973, when the property was rezoned EFU, exclusive farm use. "In no way is it farmland," said Garner, pointing to the rugged terrain all around her. Over the years, she and her husband have tried to rezone it, but with no success, she said. "They know I’ve talked to them a few times — that I want to develop the land," she said, referring to county officials. When Measure 37 was first proposed, Garner said she supported it immediately, along with Oregonians in Action, the group that created the initiative. "I voted for Measure 37," she said. "I’m happy about it, not just for me but for everybody." Dennis Donahue, who picked up a claim form, said his wife’s family has owned 17 acres just outside Ashland since 1931 and he is thinking of dividing it so he could build two houses. Although he hasn’t decided yet whether he will file a claim, Donahue, 69, expects that there will be a lot of debate about the measure. "This is going to be tied up for quite a while," he said. County planning staff said Thursday that some property owners have been approached by developers interested in taking advantage of Measure 37. Ashland Mayor Alan DeBoer has heard similar stories. "There’s a lot of developers from out of the area who see dollar signs," he said. However, under Measure 37, the property owner is the one who must develop his own land. "You need to be prepared to build whatever you applied for," he said. He cautioned property owners to be wary of developers and to understand that once the land is subdivided and sold, it must meet all current restrictions. DeBoer said developments also might come with liabilities. Nearby property owners could file a lawsuit if they feel a Measure 37 claim may devalue their properties. County Commissioner Jack Walker said that on the surface it sounded like Garner might have a good case for subdividing her property. "She still has to meet a lot of conditions before she can do it," he said. Walker said the Board of Commissioners still hasn’t decided whether it needs to increase planning staff to handle the volume of potential claims. He’s hoping the state Department of Land Conservation and Development will take the initiative and adopt administrative rules that would streamline the process for property owners and municipalities. Legislators also could take the initiative and get rid of some of the ambiguities in the new law, he said. "The governor has the opportunity to be a hero and so does the Legislature," he said. If the measure gets bogged down in the courts, Walker said, the voters won’t be happy. "All hell will break loose," he said. For now, Garner will be content to finally develop her land the way she and her husband had planned. "We needed some help like this for a good many years," she said. Reach reporter Damian Mann at 776-4476, 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. 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