Measure 49 Claims

In November 2004, Oregon voters passed Ballot Measure 37 which became effective December 2004 as ORS 197.352. Simply stated, BM 37 allowed any property owner the ability to file a claim for compensation with any permitting jurisdiction which may have adopted land use regulations that the property owner believed devalued their property. Compensation would be paid to the claimant for the value of the property which was taken away by the subject regulation(s) or the subject regulation(s) would be waived. The only regulations which were not subject to compensation were life and safety regulations and Federal regulations.

In November 2007, Oregon voters approved Ballet Measure 49 which largely reversed BM 37 especially for those jurisdictions located within an urban growth boundary. For properties within a UGB claims for compensation can only be filed for residential projects. The following table lists the claims which have been filed under the provisions of both BM 49 and BM 37 .

Measure 49 Ordinances
Files listed below are in (PDF) format
Measure 49 Public Agenda Bill Staff Memorandum to Mayor Drake and City Council dated January 31, 2008 Proposed Measure 49 Ordinance Proposed Measure 49 Agenda Bill

Measure 49 Claims
Files listed below are in (PDF) format
No claims have been filed.

Measure 37 Claims
Files listed below are in (PDF) format
Hemstreet Measure 37 Claim (updated 03/14/2007) M372006-0005 Hearing is continued to a date uncertain. A new notice will be provided when hearing is rescheduled.	Vicinity Map
Peterkort Measure 37 Claims (updated 03/23/2007) M372006-0008, M372006-0009, M372006-0010, M372006-0011 No public hearings have been scheduled for the four (4) Peterkort claims. The 180 day clock by which the City must issue a decision has been continued by the Peterkorts.
Oulman Measure 37 Claim (updated 05/08/2007) M372006-0006 Decision	Vicinity Map
Harmony Investments Claim (updated 03/27/2007) M372006-0003 Public Hearing Notice Staff Report	Vicinity Map
Williams Claim (updated 05/08/2007) M372006-0002 Decision	Vicinity Map
Biggi Claim Decision (updated 03/26/2007) M372005-0001 Decision	Vicinity Map
Francis Claim Decision (updated 03/26/2007) M372005-0002 Decision	Vicinity Map
Weil Claim Decision (updated 03/26/2007) M372006-0001 Decision	Vicinity Map
Wiesmann Claim (updated 05/08/2007) M372006-0012 Decision	Vicinity Map