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Rep.
Richardson's April 27, 2007 Update
Fix Measure 37--A promise is a promise.
Most Legislator’s list of key issues for this session included “Fix Measure 37.” In early February I wrote a newsletter entitled, Measure 37—Voters' Patience Running Thin. It contains a review of Measure 37’s history and a discussion regarding Senate Bill 505, which was a flawed bill that could not garner enough votes to get passed out of committee.Like the story of the trolls where each one gets worse, Senate and House leadership now have proposed House Bill 3540A. This bill was passed out of committee on April 26th on a party-line vote. Since Measure 37 passed in every Oregon county except one, you would think implementing the will of the people would be a bipartisan issue. It is bipartisan everywhere except here in the Capitol. Here in the heart of Salem the Capitol Mall has been described as “one square mile surrounded by reality.” In this surreal place there are many Legislators who remain convinced the voters were deceived by campaign rhetoric and duped into passing first Measure 7 and then, after it was invalidated due to a technicality, Measure 37. As a result, instead of bipartisan agreement on how to implement a two page ballot measure, we are now presented with House Bill 3540A. House Bill 3540A is 22 pages of complex legalese that neuters the intent and thwarts the will of the many Oregon voters who passed Measure 37. For instance,
“If the department [DLCD] determines that the only land use regulations that restrict the claimant’s use of the property are regulations that were enacted by the county, the department shall transfer the claim to the county….” (HB 3540A, page 11; underlining added for emphasis) Implicit in that statement is the directive that where there exists any state regulations that restrict the use of the claimant’s property, DLCD will retain jurisdiction in the State over those claims--which will be the vast majority. The subtlety of HB 3540A continues. When I read legislative bills I am on guard for “the Hook.” The Hook is the discrete clause added or removed or the slight word change that has major and often unnoticed consequences. An example of a “Hook” in HB 3540A is found in Section 7. Section 7 governs those Measure 37 properties outside the Urban Growth Boundary (UGB), that could possibly qualify for construction of a maximum of three dwellings—including existing dwellings—regardless of the size of the acreage. Notwithstanding pages of verbiage describing how a claimant with acreage outside the UGB can qualify for a maximum of three lots or dwellings, most of those Measure 37 claimants will get nothing. Their claims will be eviscerated by the following clause:
“(8) Relief may not be granted under this section if the highest and best use of the property was not residential use at the time the land use regulation was enacted.” (HB 3540A page 10, lines 7 and 8)
Essentially, subparagraph (8) states that if there was some possible use for a landowner’s acreage that would have made that landowner's property worth more that it was worth as a residence at the time land use law changes deprived the landowner from being able to build a dwelling, then that landowner will have no Measure 37 rights whatsoever. After reading subparagraph (8), I called a former County Attorney who is an expert in land use issues. I asked the following question: “If a rural landowner needed to know what options were available to meet the definition of ‘highest and best non-residential use’ for his rural acreage, what uses would be on the list?” Off the top of his head he gave me a few alternatives:
Sincerely,
Representative Wayne Scott is currently serving his third term as State Representative for House District 39. He was first elected to that position in 2002. Since December 2003, Wayne has served as leader of the House Republican Caucus.Before entering public service, Wayne owned and operated his own business for over 38 years. He began with a local delivery service in Portland, and today, his business has grown to include interests in construction, fireworks distribution and the hospitality industry. Wayne also served 9 years as a member of the Canby School Board. He is an active member of the Canby Rotary Club and the Canby and Oregon City Chambers of Commerce. From 1966-1970, Wayne served in the U.S. Navy, including a tour of duty in Vietnam. Wayne lives in Canby with his wife of 40 years, Marlene. Their children and grandchildren also live in Canby. In September 2005, the Scotts welcomed their fourth grandchild into their family. |
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