OAR 660-041-0520
Procedures for Measure 49 Claims
(1)
A Measure 49 Claim must be Filed by the Owner of the Property or an authorized agent of the Owner. A Measure 49 Claim must be Filed on a claim form available from DLCD at the address provided in this rule, or from DLCD’s website, and must contain all information required by the form and the fee specified in section (5) of this rule.(2)
A Measure 49 Claim must be Filed with DLCD at:(3)
If the Measure 37 Claim was Filed after June 28, 2007, but before December 6, 2007, and if no corresponding claim was filed for the Property with the city or county with land use jurisdiction over the Property prior to June 29, 2007, the Measure 37 Claim is deemed Filed on December 6, 2007 for purposes of ORS 195.312 (Procedure for processing claims).(4)
DLCD’s form for a Measure 49 Claim will require at least the following information:(a)
The name and mailing address of each Claimant and each Owner of the Property.(b)
Evidence establishing that each Claimant is an Owner of the Property.(c)
The consent to the Measure 49 Claim by each Owner of the Property if there are Owners of the Property other than the Claimant, which consent must be notarized.(d)
A description of the Claimant’s specific desired use of the Property, which use must be a residential use or a Farming Practice or a Forest Practice. The description must be sufficiently specific to establish that each Land Use Regulation listed under paragraph (g) of this rule applies to and restricts the Claimant’s desired use.(e)
The location of the Property by reference to:(A)
The township, range, section and tax lot number for each Lot or Parcel that makes up the Property;(B)
The street address of each Lot or Parcel that makes up the Property, if a street address has been assigned;(C)
The county the Property is located in; and(D)
If the Property is located within a city, the name of that city.(f)
Evidence of each Claimant’s Acquisition Date, as provided in ORS 195.328 (Acquisition date of claimant);(g)
A listing of each specific New Land Use Regulation that is alleged to restrict the Claimant’s desired use of the Property, and for each New Land Use Regulation listed, a description of how that regulation restricts the Claimant’s desired use of the property;(h)
An appraisal of the reduction in the fair market value of the Property caused by the enactment of each listed New Land Use Regulation as provided in ORS 195.310 (Claim for compensation).(5)
Intentionally left blank —Ed.(a)
On and after January 1, 2021, the fee to file a Measure 49 Claim will be $12,500.(b)
DLCD will adjust the fee annually for inflation. By December 1 of each year, DLCD will calculate the annual change in the U.S. City Average, West - Size Class B/C, Consumer Price Index for All Urban Consumers (CPI-U) for All Items as published by the Bureau of Labor Statistics of the United States Department of Labor to determine the appropriate annual fee adjustment. The new fee will become effective on January 1 of the following year.(c)
Within six months of the end of each fiscal biennium, DLCD will determine the average cost incurred by the state to review claims from the prior biennium. If the average cost is higher or lower than the existing fee, then DLCD will submit the calculations and proposed rule amendment to revise the fee to the LCDC.(6)
If a Claimant withdraws a Measure 49 Claim within 21 calendar days of submittal, then DLCD will refund the fee, minus a $1,000 non-refundable portion.(7)
DLCD will review a Measure 49 Claim to determine whether it complies with the requirements of ORS 195.310 (Claim for compensation) to 195.312 (Procedure for processing claims). If the Measure 49 Claim is incomplete, within sixty (60) days of receiving the Claim, DLCD will notify the person who filed the Claim of the information or fee that is missing. The notification will be in writing. A Measure 49 Claim is complete when DLCD receives the fee required by section (5) and:(a)
The missing information;(b)
Part of the missing information and written notice from the Claimant that the remainder of the missing information will not be provided; or(c)
Written notice from the Claimant that none of the missing information will be provided.(8)
If a Claimant submits a request in writing for additional time to provide missing information or the fee, DLCD may for good cause shown agree to provide such additional time, which agreement must be in writing. An agreement to allow additional time has the effect of abating the time requirements under ORS 195.312 (Procedure for processing claims) and 195.314 (Notice of claim), until the date specified in the agreement.(9)
If DLCD does not notify the Claimant within sixty (60) days after a Measure 49 Claim is Filed that information or the fee is missing from the Claim, the Claim is deemed complete when Filed.(10)
If the Claimant does not respond in writing or does not include the fee payment in response to the written notification from DLCD under section (7) of this rule within sixty (60) days of the date the written notification was sent, the Claim is deemed withdrawn.(11)
DLCD will provide notice of a Measure 49 Claim as provided by ORS 195.314 (Notice of claim). The notice will describe the Measure 49 Claim and specify a deadline by which written evidence and arguments must be Filed. The Claimant may respond to the written evidence and argument by Filing a written response within fifteen (15) days of the date specified as the deadline for the initial evidence and argument.(12)
DLCD will mail a copy of its final determination to the Claimant and to any person who timely filed written evidence or arguments.
Source:
Rule 660-041-0520 — Procedures for Measure 49 Claims, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-041-0520.