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43 °F Forecast | Road Cams Monday, January 24, 2005 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 Real Estate Guide Joy Magazine Homelife Magazine Wedding Guide Passport to the Rogue Valley EXTRA Newspaper in Education Personals Movie Times TV Times E The People Volunteer Opportunities Moving to Southern Oregon? 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 15, 2004 Measure 37 claims prove complicated By DAMIAN MANN Mail Tribune Verifying Measure 37 claims might be tougher than Jackson County officials first thought, according to a preliminary review of the first five applications filed by local property owners. "There will be something unique about every claim," said County Administrator Sue Slack. The analysis, prepared by Deputy County Administrator Dave Kanner, found claims that appeared to have some validity on the surface but were clouded by transfers of ownership, lot line adjustments, contracts and other potentially disqualifying issues when investigated further. "Because there are so many ambiguities and unanswered questions, the actual analysis of the claims could take an extraordinary amount of time, even for a claim that appears on the surface to be fairly straightforward," Kanner stated in his report. Eight claims have been filed with the county under Measure 37, the property rights law that took effect Dec. 2. Kanner’s report was a theoretical analysis for county commissioners, who are considering an ordinance to deal with Measure 37 claims. Advertisement Dave Hunnicutt, the measure’s author and executive director of Oregonians in Action, said he thinks Jackson County has the most claims of any county in the state so far. The law requires government agencies to either compensate property owners for zoning restrictions enacted since they purchased the land or waive those restrictions. In the case of Helen Garner, an 80-year-old widow who wants to convert 134 acres on Roxy Ann into 10-acre lots, Kanner said his cursory review showed she would probably qualify for compensation or a waiver. But, the report showed that more analysis of the property’s ownership was needed because it was transferred to a living trust in 2003. The property was also consolidated into an existing tax lot in 1991. In addition, Kanner’s report said that for this and other properties it could be difficult to determine lost property values. In each case, the report found various impediments that might make Measure 37 claims more difficult to process than expected. One claim took Kanner 15 minutes to clear up ownership questions, but questions still remain about wetland issues on the property. Hunnicutt said the complexity of the claims doesn’t surprise him. "It will be difficult for some people, at least in some cases, to unwind 30 years of restrictions," he said. To help clarify the direction the county needs to take with Measure 37, commissioners debated a proposed ordinance Tuesday that could help make processing claims a more efficient process. Commissioner Jack Walker tried to prevent the ordinance from getting bogged down with too many provisions that would make it more difficult for property owners. "Some people are trying to put a lot more into this than necessary," he said. But Commissioner Dave Gilmour said the county has to weigh not only the needs of a claimant, but also how a particular development would affect surrounding property owners. County Planning Chairman Reeve Hennion told commissioners that whatever direction they take in developing an ordinance, they need to keep the spirit of Measure 37 foremost in their minds. "The basic underlying issue with Measure 37 is fairness," he said. Elizabeth Fujas, owner of Rising Sun Farms, has been considering a Measure 37 claim for 40 acres in the Colestin Valley. A county Planning Commission member, Fujas said she came away from the commissioners’ meeting with the impression that "the devil’s in the details." She said she thinks Measure 37 won’t be as big a problem as all the "hype" surrounding it. But she did get the impression from the meeting that county commissioners want to work with property owners to settle their claims. "They want to make sure that people understand that this whole issue is being dealt with in the interest of fairness," 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 © 1997-2005 Mail Tribune. All rights reserved. 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