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Oregon Road Conditions & Cams Email Story to a Friend July 1, 2005 Commissioners want legal test of Measure 37 transfers By DAMIAN MANN Mail Tribune After an exasperating attempt to resolve whether Measure 37 claims can be transferred from one property owner to another, Jackson County commissioners Thursday resolved to take the issue to court. "The more you discuss the thing the more complicated it gets," said Commissioner Jack Walker. Commissioners had hoped to tell the planning department to honor Measure 37 waivers even if the original property owner had sold the land to another party. Confronted with various legal problems with taking that step, the commissioners agreed that it would be better to test that idea in Jackson County Circuit Court. Worried about potential liability to both the county and property owners, Commissioner Dave Gilmour said, "We don’t want to be told that this is not legal." Advertisement Although the details of a court challenge haven’t been worked out, the county might ask an unspecified property owner with a waiver to become the test case to resolve the issue of transferability. Passed overwhelmingly by voters in November, Measure 37 gives property owners the right to ask a government agency to either pay for lost property value because of zoning changes or provide a waiver of the offending land-use regulation. Gilmour said he has pored over the language in Measure 37 and has found no provision for transferring waivers. Walker said he believes the measure intended for properties to be transferred. "I feel I know what I voted for," he said. Don Ellsworth, a member of the group that wrote Measure 37, Oregonians in Action, acknowledged after the meeting that language in the measure might not be written as clearly as everyone would like. "They wrote it that way so people wouldn’t read other things into it," said the Ashland resident. "Unfortunately it’s so broad it’s open to different interpretations." A major consideration in the debate is an opinion from the state Attorney General’s Office that claims cannot be transferred from one property to another. If the county decided to take a step that could be in violation of state law, it could endanger the county’s ability to get state money for local projects. "It could mean the loss of all of our road funds," warned County Counsel Steve Rinkle. "Those are pretty big consequences," Gilmour said. Both Walker and Commissioner C.W. Smith were set to vote for the transferability of waivers. But Gilmour, worried about the legal consequences, was going to vote against it. Smith, after being confronted with the legal difficulties, said, "We’re damned if we do and damned if we don’t." Commissioners expressed frustration that Salem lawmakers had not yet resolved any of these issues. "I am very disappointed that our Legislature has done zip," said Smith. He said no waivers could be transferred in this county until further clarification, possibly by the local Circuit Court or by challenges in other parts of Oregon. "I understand the concern that we don’t want people wandering into a legal morass," he said. "We don’t want the rug jerked out from under them." Rinkle raised another question that has yet to be resolved in regard to Measure 37 claims. Citing language in the measure, he said that requests for waivers should be sent to all governing bodies responsible for creating land-use regulations, which could include both the county and state agencies. If the waivers aren’t submitted to all the appropriate agencies, they could present a future legal challenge to the claim, he said. Walker responded, "When I voted for it, it wasn’t my understanding." Local residents who supported the measure’s attempts to restore property rights also said they were frustrated by the county’s inability to resolve the transferability issue. Ashland resident Denise Horsburgh said she could understand the commissioners’ reluctance to approve the transfers from one property owner to another. "They’re protecting their backsides because of liabilities," she said. Curt Weaver, a local land-use consultant, said not being able to transfer the waiver from one property owner to another just doesn’t make sense. "If you can’t sell it, what value is it?" he said. To file or not to file Property owners have a lot to think about when they file a Measure 37 claim. Cal Martin, a local land-use consultant who plans to file 22 claims in the near future for various clients, said property owners need to avoid potential pitfalls if they are seeking a waiver. He advises property owners to ask for waivers on zoning or other land-use regulations from both the county and state and any other government agency that might have jurisdiction over the property. In addition, property owners need to stay involved in the project until the land is fully developed because of questions over transferability. Issues have been raised about bank loans to develop the property, but Martin said, "You can get them as long as the original owner stays in on it." Martin already has filed three claims in Jackson County and expects to file a total of 16 here. The remainder will be filed in other counties. One of the claims he’s filed with the county is on behalf of R.B. Brown Trucking Co., which owns part of the proposed 400-acre North-East Plan that would develop 1,350 houses and condominiums. The property is along Crater Lake Avenue between East Vilas Road and Lotus Lane, across from Water World Boating Center on Highway 62. Martin said there still remain questions that could come back to haunt properties that have changed hands but have been developed based on a waiver. "If a house burns down, can they rebuild it under the new owner?" he said. "That’s when you’re stuck." Reach reporter Damian Mann at 776-4476, or e-mail Commissioners want legal test of Measure 37 transfers ">[email protected] . Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2005 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback www.bingo.com Home Security Systems Trunks, Footlocker dvd-r Distance Education Computer Security Ztech Media Hosting Sports Equipment Online Casino Reviews Student Loans tcg student loan consolidation Online Pharmacy online casino Myspace Home Equity Loans Windermere Van Vleet Rogue Valley Travel Reservationstogo Hotel Reservations Southern Oregon Loans Online Casino News Natto Kinase Nattokinase Casino Gambling Sites Budget Website Templates Investments & Loans Advertisement s