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Oregon Road Conditions & Cams Email Story to a Friend October 13, 2005 County’s land-use position challenged By DAMIAN MANN Mail Tribune The Oregon Attorney General’s Office will take on Jackson County in a legal battle over the question of whether Measure 37 claims can be transferred to a new property owner. "Measure 37, as written, does not authorize transferability," said Kevin Neely, spokesman for Attorney General Hardy Myers. County commissioners had sought a judgment from Jackson County Circuit Court in September to determine whether they were on solid legal ground approving Measure 37 claims and allowing those claims to be transferred to new property owners. "We’re forcing the state or the courts or the governor’s office or the AG’s office to say you’re right or you’re wrong," said Commissioner Jack Walker, who believes Measure 37 allows for transferability. "There is nothing in it that says you can’t transfer a claim," he said. "Measure 37 allows you to recover the value you lost from land-use laws." Advertisement Because no party initially came �forward to challenge the county’s court action before the deadline Monday, Circuit Court Judge Dan Harris ruled the county won by default Tuesday. However, Myers’ office has told the court it wants to participate in the legal action, although it hasn’t sent anything in writing yet. Harris has given the state two weeks to respond. Neely said his boss isn’t trying to undermine the will of the people in questioning the transferability of Measure 37 claims. "We are divining from the law what the voters thought they we were supporting," he said, adding that the language in Measure 37 leaves "a fair degree of uncertainty." The attorney general’s office, which has filed a similar legal action in Crook County, also would like to get this question resolved. "We would be grateful for some guidance from the courts," said Neely. Earlier this year, the Myers expressed a written opinion that claims couldn’t be transferred from one property owner to another based on a reading of Measure 37. Walker said he was surprised the court gave the state an extra two weeks to respond, thinking initially that the county had won a victory because no party had contested its legal action. "I don’t understand how a judge could allow them to come if they missed a deadline," he said. "I don’t think we would be allowed the same consideration." County Counsel Mike Jewett said the judge’s ruling does provide some victory for the county because it would make it difficult for any local party to sue the county over the issue of transferability. Apart from the state of Oregon, Jewett said the judge’s action means "no one else can come in and broaden the suit." He said the county filed the court action because it wanted to remove a legal cloud that was hanging over the more than 50 Measure 37 claims that have been approved by the county. More than 200 claims have been filed in Jackson County since Measure 37 became law last December. "We need an answer," said Jewett. "We really need to know." Reach reporter Damian Mann at 776-4476, or e-mail County�s land- use position challenged ">[email protected] . 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 Computer Security Discount Hotel Reservations Casinos Canada dvd-r Generic Viagra Myspace Windermere Van Vleet Deep Muscle Stimulator Sports Equipment Online Casino Reviews Online Bingo Entertainment Guide Online Casino Fundraisers Student Loans Sudoku Online Advertisement s Advertisement