195.300 Definitions
for ORS 195.300 to 195.336.
As used in this section and ORS 195.301 and 195.305 to 195.336 and sections 5
to 11, chapter 424, Oregon Laws 2007, and sections 2 to 9 and 17, chapter 855,
Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010:
(1) “Acquisition
date” means the date described in ORS 195.328.
(2) “Claim” means
a written demand for compensation filed under:
(a) ORS 195.305,
as in effect immediately before December 6, 2007; or
(b) ORS 195.305
and 195.310 to 195.314, 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.
(5) “Farming
practice” has the meaning given that term in ORS 30.930.
(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.
(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 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
(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 (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; 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 to 195.314 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 to 227.300, 227.350, 227.400, 227.450 or 227.500 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,
a provision of ORS 568.900 to 568.933 or an administrative rule of the State
Department of Agriculture that implements ORS 561.191 or 568.900 to 568.933;
(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.
(16) “Lot” has
the meaning given that term in ORS 92.010.
(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.
(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.
(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) “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 to 195.336 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, 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.
(24) “Zoned for
residential use” means zoning that has as its primary purpose single-unit
residential use. [2007 c.424 §2; 2009 c.464 §1; 2023 c.13 §75; 2025 c.38 §10]
Notes of Decisions
Cited in
13
cases (
2 in the last 5 years), 2008–2026 · leading case:
Burke v. State, 290 P.3d 790 (Or. 2012).
Burke v. State, 290 P.3d 790 (Or. 2012).
· cites it 54× “300(18)(b), by 15 mentioning only the purchaser under a land sale contract, necessarily implies that only the 16 purchaser is the owner under a land sale contract.”
Moore v. City of Eugene, 482 P.3d 190 (Or. Ct. App. 2020).
· cites it 25× “Accordingly, she requested that the city either compensate her for the reduction of her property’s value or, alternatively, that it waive EC 9.”
Burke v. State Ex Rel. Dep't of Land Conservation & Dev., 251 P.3d 796 (Or. Ct. App. 2011).
· cites it 11× “The issue on appeal is whether, for purposes of a Measure 49 claim, the seller under a recorded land sale contract that is in force is, in addition to the purchaser, a qualifying “owner,” as defined in ORS 195.300(18). Plaintiff Burke, the land sale contract seller, acquired…”
Hoekstre v. State Ex Rel. Dlcd, 278 P.3d 123 (Or. Ct. App. 2012).
· cites it 3× “” ORS 195.300(12). Further, as pertinent here, “property refers to “the private real property described in a claim,” ORS 195.”
Ericsson v. State, 285 P.3d 722 (Or. Ct. App. 2012).
· cites it 2× “” ORS 195.300(12). 3 To qualify for homesite approvals under section 6, a property owner is required to show a timely claim under Measure 37 and establish satisfaction of the substantive criteria of section 6(6) of Measure 49, including a showing that, “[o]n the claimant’s…”
Friends of Yamhill Cnty. v. Bd. of Cnty. Commissioners, 377 P.3d 670 (Yamhill Cty. Cir. Ct., O.R. 2016).
“See ORS 195.300 - 195.336. As to the former class of claims, Measure 49 repealed Measure 37 waivers and substituted new authorizations: “Among other things, Measure 49 retroactively extinguished previously issued Measure 37 waivers of land use regulations.”
McCollum v. State ex rel. Dep't of Land Conservation & Dev., 286 P.3d 916 (Or. Ct. App. 2012).
· cites it 2× “” ORS 195.300(12). Section 6(6) provides: *150 “To qualify for a home site approval under this section, the claimant must have filed a claim for the property with both the state and the county in which the property is located.”
Olson v. State, 184 P.3d 1220 (Or. Ct. App. 2008).
· cites it 2× “In the meantime, the voters enacted Ballot Measure 49 (2007), ORS 195.300 to 195.336, which substantially — and retroactively — amends Measure 37 and applies to pending Measure 37 claims.”
Fern Hollow Farms, Inc. v. Linn Cnty., 518 P.3d 142 (Or. Ct. App. 2022).
· cites it 4× “” ORS 195.300(12). The development rights conferred by an authorization under section 6 of Measure 49, like plaintiff’s, are not subject to “a land use regulation enacted by the state or county that has the effect of prohibiting the partition or subdivision, or the dwelling.”
State ex rel Amarok, LLC v. City of Gresham, 347 Or. App. 245 (Or. Ct. App. 2026).
· cites it 2× “Among other statutes, plaintiff looks to ORS 195.300(24), which defines “zoned for residential use” for statutes other than ORS 195.”
— Or. Rev. Stat. § 195.300(12) — 5 cases
Hoekstre v. State Ex Rel. Dlcd, 278 P.3d 123 (Or. Ct. App. 2012).
“” ORS 195.300(12). Further, as pertinent here, “property refers to “the private real property described in a claim,” ORS 195.”
Ericsson v. State, 285 P.3d 722 (Or. Ct. App. 2012).
“” ORS 195.300(12). 3 To qualify for homesite approvals under section 6, a property owner is required to show a timely claim under Measure 37 and establish satisfaction of the substantive criteria of section 6(6) of Measure 49, including a showing that, “[o]n the claimant’s…”
McCollum v. State ex rel. Dep't of Land Conservation & Dev., 286 P.3d 916 (Or. Ct. App. 2012).
“” ORS 195.300(12). Section 6(6) provides: *150 “To qualify for a home site approval under this section, the claimant must have filed a claim for the property with both the state and the county in which the property is located.”
Fern Hollow Farms, Inc. v. Linn Cnty., 518 P.3d 142 (Or. Ct. App. 2022).
“” ORS 195.300(12). The development rights conferred by an authorization under section 6 of Measure 49, like plaintiff’s, are not subject to “a land use regulation enacted by the state or county that has the effect of prohibiting the partition or subdivision, or the dwelling.”
— Or. Rev. Stat. § 195.300(13)(a) — 1 case
— Or. Rev. Stat. § 195.300(14) — 2 cases
Burke v. State, 290 P.3d 790 (Or. 2012).
“300(18)(b), by 15 mentioning only the purchaser under a land sale contract, necessarily implies that only the 16 purchaser is the owner under a land sale contract.”
Moore v. City of Eugene, 482 P.3d 190 (Or. Ct. App. 2020).
“Accordingly, she requested that the city either compensate her for the reduction of her property’s value or, alternatively, that it waive EC 9.”
— Or. Rev. Stat. § 195.300(14)(b) — 1 case
Moore v. City of Eugene, 482 P.3d 190 (Or. Ct. App. 2020).
“Accordingly, she requested that the city either compensate her for the reduction of her property’s value or, alternatively, that it waive EC 9.”
— Or. Rev. Stat. § 195.300(14)(c) — 1 case
Moore v. City of Eugene, 482 P.3d 190 (Or. Ct. App. 2020).
“Accordingly, she requested that the city either compensate her for the reduction of her property’s value or, alternatively, that it waive EC 9.”
— Or. Rev. Stat. § 195.300(14)(d) — 1 case
Fern Hollow Farms, Inc. v. Linn Cnty., 518 P.3d 142 (Or. Ct. App. 2022).
“” ORS 195.300(12). The development rights conferred by an authorization under section 6 of Measure 49, like plaintiff’s, are not subject to “a land use regulation enacted by the state or county that has the effect of prohibiting the partition or subdivision, or the dwelling.”
— Or. Rev. Stat. § 195.300(18) — 2 cases
Burke v. State, 290 P.3d 790 (Or. 2012).
“300(18)(b), by 15 mentioning only the purchaser under a land sale contract, necessarily implies that only the 16 purchaser is the owner under a land sale contract.”
Burke v. State Ex Rel. Dep't of Land Conservation & Dev., 251 P.3d 796 (Or. Ct. App. 2011).
“The issue on appeal is whether, for purposes of a Measure 49 claim, the seller under a recorded land sale contract that is in force is, in addition to the purchaser, a qualifying “owner,” as defined in ORS 195.300(18). Plaintiff Burke, the land sale contract seller, acquired…”
— Or. Rev. Stat. § 195.300(18)(a) — 2 cases
Burke v. State, 290 P.3d 790 (Or. 2012).
“300(18)(b), by 15 mentioning only the purchaser under a land sale contract, necessarily implies that only the 16 purchaser is the owner under a land sale contract.”
Burke v. State Ex Rel. Dep't of Land Conservation & Dev., 251 P.3d 796 (Or. Ct. App. 2011).
“The issue on appeal is whether, for purposes of a Measure 49 claim, the seller under a recorded land sale contract that is in force is, in addition to the purchaser, a qualifying “owner,” as defined in ORS 195.300(18). Plaintiff Burke, the land sale contract seller, acquired…”
— Or. Rev. Stat. § 195.300(18)(b) — 2 cases
Burke v. State, 290 P.3d 790 (Or. 2012).
“300(18)(b), by 15 mentioning only the purchaser under a land sale contract, necessarily implies that only the 16 purchaser is the owner under a land sale contract.”
Burke v. State Ex Rel. Dep't of Land Conservation & Dev., 251 P.3d 796 (Or. Ct. App. 2011).
“The issue on appeal is whether, for purposes of a Measure 49 claim, the seller under a recorded land sale contract that is in force is, in addition to the purchaser, a qualifying “owner,” as defined in ORS 195.300(18). Plaintiff Burke, the land sale contract seller, acquired…”
— Or. Rev. Stat. § 195.300(18)(c) — 1 case
Burke v. State, 290 P.3d 790 (Or. 2012).
“300(18)(b), by 15 mentioning only the purchaser under a land sale contract, necessarily implies that only the 16 purchaser is the owner under a land sale contract.”
— Or. Rev. Stat. § 195.300(2) — 2 cases
Fern Hollow Farms, Inc. v. Linn Cnty., 518 P.3d 142 (Or. Ct. App. 2022).
“” ORS 195.300(12). The development rights conferred by an authorization under section 6 of Measure 49, like plaintiff’s, are not subject to “a land use regulation enacted by the state or county that has the effect of prohibiting the partition or subdivision, or the dwelling.”
— Or. Rev. Stat. § 195.300(2)(a) — 1 case
Hoekstre v. State Ex Rel. Dlcd, 278 P.3d 123 (Or. Ct. App. 2012).
“” ORS 195.300(12). Further, as pertinent here, “property refers to “the private real property described in a claim,” ORS 195.”
— Or. Rev. Stat. § 195.300(20) — 3 cases
Hoekstre v. State Ex Rel. Dlcd, 278 P.3d 123 (Or. Ct. App. 2012).
“” ORS 195.300(12). Further, as pertinent here, “property refers to “the private real property described in a claim,” ORS 195.”
Fern Hollow Farms, Inc. v. Linn Cnty., 518 P.3d 142 (Or. Ct. App. 2022).
“” ORS 195.300(12). The development rights conferred by an authorization under section 6 of Measure 49, like plaintiff’s, are not subject to “a land use regulation enacted by the state or county that has the effect of prohibiting the partition or subdivision, or the dwelling.”
— Or. Rev. Stat. § 195.300(24) — 2 cases
Ericsson v. State, 285 P.3d 722 (Or. Ct. App. 2012).
“” ORS 195.300(12). 3 To qualify for homesite approvals under section 6, a property owner is required to show a timely claim under Measure 37 and establish satisfaction of the substantive criteria of section 6(6) of Measure 49, including a showing that, “[o]n the claimant’s…”
State ex rel Amarok, LLC v. City of Gresham, 347 Or. App. 245 (Or. Ct. App. 2026).
“Among other statutes, plaintiff looks to ORS 195.300(24), which defines “zoned for residential use” for statutes other than ORS 195.”
— Or. Rev. Stat. § 195.300(6) — 1 case
Burke v. State, 290 P.3d 790 (Or. 2012).
“300(18)(b), by 15 mentioning only the purchaser under a land sale contract, necessarily implies that only the 16 purchaser is the owner under a land sale contract.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.