Document text
http://www.omniture.com --> Oregon Road Conditions & Cams Advertisement Email Story to a Friend May 11, 2006 Measure 37 claim OK'd months after woman dies By DAMIAN MANN Mail Tribune Joan Boyden's dream of getting a Measure 37 claim approved by Jackson County came true Wednesday. But it was four months too late. Boyden died on Jan. 1. And because Measure 37 claims may not be transferable to succeeding owners, the family's plans for an 18-hole golf course and subdivision on 437 acres east of Ashland near Dead Indian Memorial Road might not come to fruition. "It's kind of a tough deal," said her husband, Mark Boyden. "We just have to sweat it out." Though commissioners approved Joan Boyden's claim Wednesday, it doesn't apply to her husband because his name was not on the deed, which dates to 1963. The commissioners also approved a separate claim for the Joan Neal Boyden Estate, which took over ownership of the property after her death. But this claim doesn't remove the kind of land-use restrictions that Joan Boyden's claim would have. Approved by voters in November 2004, 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. The Boyden family, still mourning the death of Joan, suffered another blow when Joan and Mark's daughter, Sandy Alston, died of cancer Saturday. County officials sympathize with Mark Boyden, a local surveyor, and say their decision was difficult considering the circumstances of the claim. "It's very poignant because somebody has died in the meantime," said County Counsel Doug McGeary. McGeary said the Boyden family could test the issue of transferability of ownership in the courts to see whether Joan Boyden's claim would apply to the family. He said the claim approved for the estate doesn't provide much relief from land-use regulations. "It's nothing, actually," said McGeary. Commissioner Jack Walker blamed legal delays for the county's inability to approve Joan Boyden's claim until after her death. "It was held up in a Marion County court," he said, referring to a judge there who ruled that Measure 37 was unconstitutional last October. The Oregon Supreme Court in February overturned that decision. Dan Boyden, Mark Boyden's son, said the family doesn't want to take on the legal challenge and hopes that somebody else tests the issue of transferring a Measure 37 claim from one property owner to another through the court system. "We're just waiting for the legal landscape to clear," he said. "We're personally not going to be the test case on this." When the Boydens filed their claim last year, they hoped that if they were successful, the city of Ashland would annex their property, which would provide water and other services for the homes. If the city did not annex the property, the Boydens said they would divide the property into five-acre lots, serviced by wells. Boyden's great-great-grandfather, Clairborne Neil, came by covered wagon over the Oregon Trail to Jackson County in the 1850s. Neil Creek is named after him. Mark Boyden said he used to have his name on the deed. "But we split up our properties many years ago," he said. Reach reporter Damian Mann at 776-4476, or e-mail [email protected] . Advertisement s Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2006 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback www.bingo.com Home Security Systems Trunks, Footlocker Custom Build Computers Discount Hotel Reservations online casinos news Ashley Furniture HomeStore Send Flowers Southern Oregon Loans California Casinos GMAT Prep Windermere Van Vleet Sports Equipment Online Casino Reviews Online Bingo Entertainment Guide Online Casino Fundraisers Sudoku Online Casinos Canada Online Pharmacy