Compensation for restriction of use of real property due to land use regulation
Source:
Section 195.305 — Compensation for restriction of use of real property due to land use regulation, https://www.oregonlegislature.gov/bills_laws/ors/ors195.html.
Notes of Decisions
Requirement that state and local entities decide whether to pay just compensation or to modify, remove or not apply certain land use regulations does not divest legislative bodies of plenary power to enact future legislation. MacPherson v. Department of Administrative Services, 340 Or 117, 130 P3d 308 (2006)
Paying just compensation only to, or modifying, removing or not applying land use regulation only for, landowners who acquired property prior to enactment of regulation does not constitute unconstitutional denial of equal protection, suspension of law or waiver of sovereign immunity. MacPherson v. Department of Administrative Services, 340 Or 117, 130 P3d 308 (2006)
Authorizing governing body responsible for enacting land use regulation to determine whether to pay just compensation or to modify, remove or not apply regulation in certain instances does not unconstitutionally delegate executive powers to legislative body. MacPherson v. Department of Administrative Services, 340 Or 117, 130 P3d 308 (2006)
Land use regulations enacted to implement interstate compact regarding Columbia River Gorge National Scenic Area are regulations “required to comply with federal law.” Columbia River Gorge Commission v. Hood River County, 210 Or App 689, 152 P3d 997 (2007), Sup Ct review denied
Where administrative decision denies claimant is entitled to compensation at all, jurisdiction for appeal is with circuit court for county in which property is located. Emmel v. Department of Land Conservation and Development, 213 Or App 681, 162 P3d 354 (2007)
Notwithstanding ORS 215.427, criteria and standards established under Measure 37 waiver are of no effect. Pete’s Mountain Homeowners Association v. Clackamas County, 227 Or App 140, 204 P3d 802 (2009), Sup Ct review denied
Relief granted by Measure 37 waiver applies solely to present owner of property. Yamhill County v. Board of Commissioners, 298 Or App 241, 446 P3d 548 (2019), Sup Ct review denied
Law Review Citations
36 EL 25, 53, 79, 131, 177, 187 (2006); 85 OLR 815, 1063 (2006); 38 EL 209, 1111 (2008); 45 WLR 313 (2008); 46 WLR 577 (2010)
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