Measure 37...Changes in Claims Process

Mary A. Tinkler - Real Estate Broker
Shattuck & Co. Real Estate, Inc.
Gresham, Oregon
www.marytinkler.com


The following is information from the Clackamas Co. Board of Commissioners regarding changes in Measure 37 claims process.

May 18, 2006

Board of County Commissioners
Clackamas County

Members of the Board:

UPDATE ON MEASURE 37 CLAIM REVIEWS AND ADOPTION OF A CHANGE IN THE CLAIMS PROCESS

Update on Measure 37 Claims

Clackamas County received its first Measure 37 claim on December 2, 2004. Measure 37 requires a decision within 180 days of receipt of a claim. As of May 4, 2006, Clackamas County has received 383 Measure 37 claims. The Board of County Commissioners has held 22 public hearings, to review claims. A final decision has been made for 188 claims.

The County was precluded from accepting or processing claims while the McPherson case was being considered. Since the Supreme Court decided McPherson, the Board reviewed claims on March 29, April 12, April 26 and May 10. As many as 37 claims were reviewed (April 26); the fewest reviewed were 30 (March 29).

In most cases, there are state laws that also restrict use of property. Claimants therefore must have claims reviewed by the state, as well as the County. Review of specific development proposals occurs after decisions have been made on both state and local claims. Development proposals follow the normal County land use process. Eleven land use applications based on Measure 37 claims have been filed, as of May 4, 2006.

Almost all claims have asked to create additional lots and develop single family dwellings on these lots. Very few claims involve property within the Urban Growth Boundary. The majority of claims involve property zoned Exclusive Farm Use.

Measure 37 did not establish a process for review of claims. Clackamas County chose to provide extensive opportunity for public review and participation. Notice of all claims is provided to Community Planning Organizations (“CPOs”) and property owners within 500 ft. of the subject property. Notice also is given to affected cities. A roster of claims is available on the County’s web site. Agendas also are provided to newspapers for publication. The opportunity for a public hearing is provided for each claim.

Few of the claims receive written comments from neighbors, cities or CPOs. Testimony at public hearings has been limited, and most frequently has been provided only by claimants. A Measure 37 claim is very different from the typical land use application. Community concerns regarding impacts from development generally are not relevant to resolution of a claim. Ownership history is usually the most critical issue for determining a claim’s validity. The questions for a Measure 37 claim often include very technical, legal considerations. This may explain the lack of public participation in the claim process.

Amendment to the Claims Process

The County is proposing a minor change in the way claims are processed. The change would require a formal, public hearing only in those cases where someone asks for a hearing. The request for a hearing can be made in writing or by appearing at the public meeting held by the Board to consider specific claims. If a public hearing is not requested, the Board may adopt the staff report as its decision as part of the consent agenda for the public meeting. If a public hearing is requested on a specific claim, a public hearing will be scheduled at a subsequent date.

The extensive public notification process previously discussed will continue. This change is being suggested in an attempt to process claims more efficiently, without limiting the opportunity for comments by claimants or interested parties.

RECOMMENDATION

1. Continue the current notification process for all claims; and
2. Amend the process to allow the Board of Commissioners to adopt decisions by consent at a public meeting, unless a public hearing has been requested.

Your favorable consideration is requested.

Sincerely,

Doug McClain
Planning Director


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Mary A. Tinkler - Real Estate Broker
www.marytinkler.com