195.301
Legislative findings.
(1) The Legislative Assembly finds that:
(a) In some
situations, land use regulations unfairly burden particular property owners.
(b) To address
these situations, it is necessary to amend Oregon’s land use statutes to
provide just compensation for unfair burdens caused by land use regulations.
(2) The purpose
of 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, and the amendments to Ballot Measure 37 (2004) is
to modify Ballot Measure 37 (2004) to ensure that Oregon law provides just
compensation for unfair burdens while retaining Oregon’s protections for farm
and forest uses and the state’s water resources. [2007 c.424 §3]
Notes of Decisions
Cited in
4
cases, 2011–2020 · leading case:
Burke v. State, 290 P.3d 790 (Or. 2012).
Burke v. State, 290 P.3d 790 (Or. 2012).
· cites it 4× “10 That, however, consists of little more than the same argument that DLCD 11 asserts on the basis of the legislative findings in ORS 195.301. And, as such, it suffers 12 the same flaws.”
Moore v. City of Eugene, 482 P.3d 190 (Or. Ct. App. 2020).
· cites it 4× “As additional context, petitioner relies on the leg- islative policy findings in ORS 195.301, which provides, in part: “(1) The Legislative Assembly finds that: “(a) In some situations, land use regulations unfairly burden particular property owners.”
Burke v. State Ex Rel. Dep't of Land Conservation & Dev., 251 P.3d 796 (Or. Ct. App. 2011).
“According to Measure 49’s legislative purpose statement, it modifies Measure 37 to ensure that Oregon law provides just compensation for unfair burdens while retaining protections for water resources and farm and forest uses.”
— Or. Rev. Stat. § 195.301(1) — 1 case
Burke v. State, 290 P.3d 790 (Or. 2012).
“10 That, however, consists of little more than the same argument that DLCD 11 asserts on the basis of the legislative findings in ORS 195.301. And, as such, it suffers 12 the same flaws.”
— Or. Rev. Stat. § 195.301(2) — 2 cases
Burke v. State Ex Rel. Dep't of Land Conservation & Dev., 251 P.3d 796 (Or. Ct. App. 2011).
“According to Measure 49’s legislative purpose statement, it modifies Measure 37 to ensure that Oregon law provides just compensation for unfair burdens while retaining protections for water resources and farm and forest uses.”
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