ORS 195.300
Definitions for ORS 195.300 to 195.336
(1)
“Acquisition date” means the date described in ORS 195.328 (Acquisition date of claimant).(2)
“Claim” means a written demand for compensation filed under:(a)
ORS 195.305 (Compensation for restriction of use of real property due to land use regulation), as in effect immediately before December 6, 2007; or(b)
ORS 195.305 (Compensation for restriction of use of real property due to land use regulation) and 195.310 (Claim for compensation) to 195.314 (Notice of claim), as in effect on and after December 6, 2007.(3)
“Enacted” means enacted, adopted or amended.(4)
“Fair market value” means the value of property as determined under ORS 195.332 (Fair market value of property).(5)
“Farming practice” has the meaning given that term in ORS 30.930 (Definitions for ORS 30.930 to 30.947).(6)
“Federal law” means:(a)
A statute, regulation, order, decree or policy enacted by a federal entity or by a state entity acting under authority delegated by the federal government;(b)
A requirement contained in a plan or rule enacted by a compact entity; or(c)
A requirement contained in a permit issued by a federal or state agency pursuant to a federal statute or regulation.(7)
“File” means to submit a document to a public entity.(8)
“Forest practice” has the meaning given that term in ORS 527.620 (Definitions for ORS 527.610 to 527.770).(9)
“Ground water restricted area” means an area designated as a critical ground water area or as a ground water limited area by the Water Resources Department or Water Resources Commission before December 6, 2007.(10)
“High-value farmland” means:(a)
High-value farmland as described in ORS 215.710 (High-value farmland description for ORS 215.705) that is land in an exclusive farm use zone or a mixed farm and forest zone, except that the dates specified in ORS 215.710 (High-value farmland description for ORS 215.705) (2), (4) and (6) are December 6, 2007.(b)
Land west of U.S. Highway 101 that is composed predominantly of the following soils in Class III or IV or composed predominantly of a combination of the soils described in ORS 215.710 (High-value farmland description for ORS 215.705) (1) and the following soils:(A)
Subclassification IIIw, specifically Ettersburg Silt Loam and Croftland Silty Clay Loam;(B)
Subclassification IIIe, specifically Klooqueth Silty Clay Loam and Winchuck Silt Loam; and(C)
Subclassification IVw, specifically Huffling Silty Clay Loam.(c)
Land that is in an exclusive farm use zone or a mixed farm and forest zone and that on June 28, 2007, is:(A)
Within the place of use for a permit, certificate or decree for the use of water for irrigation issued by the Water Resources Department;(B)
Within the boundaries of a district, as defined in ORS 540.505 (Definitions); or(C)
Within the boundaries of a diking district formed under ORS chapter 551.(d)
Land that contains not less than five acres planted in wine grapes.(e)
Land that is in an exclusive farm use zone and that is at an elevation between 200 and 1,000 feet above mean sea level, with an aspect between 67.5 and 292.5 degrees and a slope between zero and 15 percent, and that is located within:(A)
The Southern Oregon viticultural area as described in 27 C.F.R. 9.179;(B)
The Umpqua Valley viticultural area as described in 27 C.F.R. 9.89; or(C)
The Willamette Valley viticultural area as described in 27 C.F.R. 9.90.(f)
Land that is in an exclusive farm use zone and that is no more than 3,000 feet above mean sea level, with an aspect between 67.5 and 292.5 degrees and a slope between zero and 15 percent, and that is located within:(A)
The portion of the Columbia Gorge viticultural area as described in 27 C.F.R. 9.178 that is within the State of Oregon;(B)
The Rogue Valley viticultural area as described in 27 C.F.R. 9.132;(C)
The portion of the Columbia Valley viticultural area as described in 27 C.F.R. 9.74 that is within the State of Oregon;(D)
The portion of the Walla Walla Valley viticultural area as described in 27 C.F.R. 9.91 that is within the State of Oregon; or(E)
The portion of the Snake River Valley viticultural area as described in 27 C.F.R. 9.208 that is within the State of Oregon.(11)
“High-value forestland” means land:(a)
That is in a forest zone or a mixed farm and forest zone, that is located in western Oregon and composed predominantly of soils capable of producing more than 120 cubic feet per acre per year of wood fiber and that is capable of producing more than 5,000 cubic feet per year of commercial tree species; or(b)
That is in a forest zone or a mixed farm and forest zone, that is located in eastern Oregon and composed predominantly of soils capable of producing more than 85 cubic feet per acre per year of wood fiber and that is capable of producing more than 4,000 cubic feet per year of commercial tree species.(12)
“Home site approval” means approval of the subdivision or partition of property or approval of the establishment of a dwelling on property.(13)
“Just compensation” means:(a)
Relief under sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, for land use regulations enacted on or before January 1, 2007; and(b)
Relief under ORS 195.310 (Claim for compensation) to 195.314 (Notice of claim) for land use regulations enacted after January 1, 2007.(14)
“Land use regulation” means:(a)
A statute that establishes a minimum lot or parcel size;(b)
A provision in ORS 227.030 (Membership) to 227.300 (Use of eminent domain power to establish setback lines), 227.350 (Notice of proposed wetlands development), 227.400 (Truck routes), 227.450 (Recycling containers) or 227.500 (Use of real property for religious activity) or in ORS chapter 215 that restricts the residential use of private real property;(c)
A provision of a city comprehensive plan, zoning ordinance or land division ordinance that restricts the residential use of private real property zoned for residential use;(d)
A provision of a county comprehensive plan, zoning ordinance or land division ordinance that restricts the residential use of private real property;(e)
A provision, enacted or adopted on or after January 1, 2010, of:(A)
The Oregon Forest Practices Act;(B)
An administrative rule of the State Board of Forestry; or(C)
Any other law enacted, or rule adopted, solely for the purpose of regulating a forest practice;(f)
ORS 561.191 (Program and rules relating to water quality), a provision of ORS 568.900 (Definitions for ORS 568.900 to 568.933) to 568.933 (Civil penalties) or an administrative rule of the State Department of Agriculture that implements ORS 561.191 (Program and rules relating to water quality) or 568.900 (Definitions for ORS 568.900 to 568.933) to 568.933 (Civil penalties);(g)
An administrative rule or goal of the Land Conservation and Development Commission; or(h)
A provision of a Metro functional plan that restricts the residential use of private real property.(15)
“Lawfully established unit of land” has the meaning given that term in ORS 92.010 (Definitions for ORS 92.010 to 92.192).(16)
“Lot” has the meaning given that term in ORS 92.010 (Definitions for ORS 92.010 to 92.192).(17)
“Measure 37 permit” means a final decision by Metro, a city or a county to authorize the development, subdivision or partition or other use of property pursuant to a waiver.(18)
“Owner” means:(a)
The owner of fee title to the property as shown in the deed records of the county where the property is located;(b)
The purchaser under a land sale contract, if there is a recorded land sale contract in force for the property; or(c)
If the property is owned by the trustee of a revocable trust, the settlor of a revocable trust, except that when the trust becomes irrevocable only the trustee is the owner.(19)
“Parcel” has the meaning given that term in ORS 92.010 (Definitions for ORS 92.010 to 92.192).(20)
“Property” means the private real property described in a claim and contiguous private real property that is owned by the same owner, whether or not the contiguous property is described in another claim, and that is not property owned by the federal government, an Indian tribe or a public body, as defined in ORS 192.311 (Definitions for ORS 192.311 to 192.478).(21)
“Protection of public health and safety” means a law, rule, ordinance, order, policy, permit or other governmental authorization that restricts a use of property in order to reduce the risk or consequence of fire, earthquake, landslide, flood, storm, pollution, disease, crime or other natural or human disaster or threat to persons or property including, but not limited to, building and fire codes, health and sanitation regulations, solid or hazardous waste regulations and pollution control regulations.(22)
“Public entity” means the state, Metro, a county or a city.(23)
“Urban growth boundary” has the meaning given that term in ORS 195.060 (Definitions).(24)
“Waive” or “waiver” means an action or decision of a public entity to modify, remove or not apply one or more land use regulations under ORS 195.305 (Compensation for restriction of use of real property due to land use regulation) to 195.336 (Compensation and Conservation Fund) and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, or ORS 195.305 (Compensation for restriction of use of real property due to land use regulation), as in effect immediately before December 6, 2007, to allow the owner to use property for a use permitted when the owner acquired the property.(25)
“Zoned for residential use” means zoning that has as its primary purpose single-family residential use. [2007 c.424 §2; 2009 c.464 §1]
Source:
Section 195.300 — Definitions for ORS 195.300 to 195.336, https://www.oregonlegislature.gov/bills_laws/ors/ors195.html.
Notes of Decisions
Seller of property under land sale contract who retains legal title to land and purchaser of property under land sale contract are both “owner” under this section because use of “or” is not mutually exclusive. Burke v. Department of Land Conservation and Development, 352 Or 428, 290 P3d 790 (2012)
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