04:50 PM PST on Thursday, December 2, 2004

By JEFF BARNARD, Associated Press Writer

Property rights advocates Thursday wasted no time in putting to the test a new Oregon law that allows people who complain they have been blindsided by land use laws to seek compensation or a waiver of the restrictions.

AP

Dorothy English, 92, stands on the porch of her home in the northwest hills of Portland.

Dorothy English, 92, of Portland, and Gene and Barbara Prete of Sisters, who were part of the campaign that won voter approval of Measure 37 last month, filed their Measure 37 claims Thursday morning with Multnomah County and Deschutes County, respectively.

"We're excited this day is finally coming," Gene Prete said from Bend after filing a claim for waiver of state land use laws that have prevented him and his wife from building a retirement home on 20 acres outside Sisters where they grow hay and keep three horses.

"We're really looking forward to having this behind us in the next few months and hopefully being able to build a house next year," Prete said.

English wants to be able to subdivide land she has owned since 1953 in the scenic hills overlooking Portland so she can give some to her children and sell some to finance her retirement.

"I couldn't sleep last night," English said in Portland, dressed in a blouse and raincoat in her favorite color, purple. "I got up earlier than I ever do.

"I've waited for over 30 years. That's a long time. In fact, I wish they could give me some of those years back."

Both the Pretes and English sought waivers of filing and other fees, contending they are unfair obstacles to people seeking redress of wrongs.

English's application listed the value of her property at $1.15 million if it could be subdivided, but she does not have the cash to pay the $1,500 filing fee and other fees imposed by Multnomah County, said her attorney, Joe Willis.

Reflecting a buildup over the past 30 years of frustration with Oregon's first-in-the-nation comprehensive land use laws, Measure 37 passed in every county but Benton, home to Oregon State University and generally considered one of the most liberal in the state.

It allows people who owned a piece of property before some restriction was put into effect to claim compensation for the unrealized value of the property or a waiver of the restriction. Family members of original owners are also eligible.

"The sky won't be falling as (opponents) claimed throughout the campaign," said David Hunnicutt of Oregonians In Action, the property rights group that sponsored the measure. "I just don't think there will be many claims filed."

Thursday was the first day property owners could file claims for relief, but no one had a good idea how many claims would be filed over time.

The Legislature won't take up the issue to clarify filing procedures until sometime after it convenes in January.

Counties and cities around the state have adopted their own procedures, with filing fees ranging from zero in Josephine County in the south, to $1,500 in Multnomah County, Oregon's most populous county. The city of Eugene plans to charge up to $7,500 for staff time to chase down information for incomplete claims.

Gov. Ted Kulongoski has required anyone making a claim against a state law or regulation to file, at no cost, with the state Department of Administrative Services.

Oregonians in Action maintains that high filing fees will just be sidestepped by English and others as they move on to lawsuits after a 180-day waiting period, as provided for in Measure 37.

"Some of the local governments are throwing tantrums and have adopted ordinance provisions that are so onerous and unfair that no property owner in his or her right mind would ever try to follow them," said Hunnicutt. "What they do is just submit their claim, wait their 180 days and file a lawsuit.

"Unless Multnomah County has a change of heart ... that is exactly what Dorothy (English) plans on doing."

With the state and counties all facing budget crises, many claims are expected to get a waiver, though Kulongoski has said he would like to see compensation paid if possible. One suggestion has been to use the extra property taxes paid by owners who won waivers and saw their property values go up to pay claims by others so their property would not be developed.

The measure threatens Oregon's Land Conservation and Development Act of 1973 and subsequent revisions, which has controlled urban sprawl and preserved farm and forest land from residential development; the Oregon Forest Practices Act, which has protected fish and wildlife habitat on private timberlands, and local zoning codes that limit industrial, commercial and residential development to specific areas.

Developers and timberland owners, who supported and helped finance the Measure 37 campaign, are not expected to jump in anytime soon.

"If there is a stampede on the city halls and county courthouses, it may put the whole ballot Measure 37 in jeopardy," said Kelly Ross, lobbyist for the Home Builders Association of Multnomah County. "The legislature might be prompted to either declare some kind of moratorium on claims or some other measure of that type."

Dale Riddle, vice president for legal affairs of Seneca Jones Timber Co. in Eugene, said large industrial timberlands were too valuable to turn into houses since logging restrictions dried up national forest lands. Most would not be eligible for claims because they have changed hands in the past 10 years. Timberland owners supported Measure 37 because they wanted to "draw a line in the sand" against further restrictions on logging.