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Real Property Compensation
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(1) Purpose. Sections 2.070 through 2.095 of this code implement the provisions added to Chapter 197 of Oregon Revised Statutes by Ballot Measure 37 (November 2, 2004). These provisions establish a prompt, open, thorough and consistent process that enables property owners an adequate and fair opportunity to present their claims to the city; preserves and protects limited public funds; and establishes a record of the city’s decision capable of circuit court review.

(2) Definitions. As used in sections 2.070 through 2.095, the following words and phrases mean:

City manager. The city manager of the city, or his or her designee.

Claim. A claim filed under Ballot Measure 37.

Exempt land use regulation. A land use regulation that:

a. Restricts or prohibits activities commonly and historically recognized as public nuisances under common law;

b. Restricts or prohibits activities for the protection of public health and safety, such as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, and pollution control regulations;

c. Is required in order to comply with federal law;

d. Restricts or prohibits the use of property for the purpose of selling pornography or performing nude dancing; or

e. Was enacted prior to the date of acquisition of the property by the owner or a family member of the owner.

Family member. Includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent, or grandchild of the owner of the property, an estate of any of the foregoing family members, or a legal entity owned by any one or combination of these family members or the owner of the property.

Land use regulation. Includes:

a. Any statute regulating the use of land or any interest therein;

b. Administrative rules and goals of the Land Conservation and Development Commission; and

c. Local government comprehensive plans, zoning ordinances, land division ordinances, and transportation ordinances.

Owner. The present owner of the property, or any interest therein.

Valid claim. A claim submitted by the owner of real property that is subject to a land use regulation, other than an exempt land use regulation, adopted or enforced by the city that restricts the use of the private real property in a manner that reduces the fair market value of the real property.

(Section 2.070 added by Ordinance No. 20331, enacted and effective November 30, 2004.)