Council Communication

An Ordinance of the City of Ashland, Oregon, Regarding Claims for Just Compensation Arising out of the Enactment of Ballot Measure 37, Making Certain Provisions Therefore, and Declaring an Emergency
Meeting Date:	November 30, 2004		Primary Staff Contact:	Mike Franell franellm@ashland.or.us
Department:	Legal		Secondary Staff Contact:	None
Contributing Departments:	Administration
Approval:	Gino Grimaldi

Statement: Measure 37 creates a grievance process for individual property owners that require state or local government to financially compensate individual property owners if a land use regulation devalues their property, or amends or forgoes enforcing the law. The measure does not specify revenue sources that state or local government should use when compensating property owners' claims. Measure 37 becomes effective on December 2, 2004 and an ordinance establishing a process to handle claims filed as a result of Measure 37 should be in place prior to December 2, 2004. As a result, it should the City Council desire to have an ordinance in place prior to December 2, 2004, adoption of the proposed ordinance with an emergency ordinance is needed.
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Background: A study session to discuss the implementation of the passage of Ballot Measure 37 was held on November 17, 2004. At the study session it was determined the City would need to move quickly to establish an ordinance regarding claims arising out of Measure 37.
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Related City Policies: None
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Council Options: 1. Adopt the ordinance as presented 2. Adopt the ordinance with modifications 3. Adopt the ordinance without declaring an emergency 4. Do nothing
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Staff Recommendation: Staff recommends that council move to approve the first and second readings of the ordinance and to declare the existence of an emergency.
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Potential Motions: Move to adopt an ordinance of the City of Ashland, Oregon, regarding claims for just compensation arising out of the enactment of Ballot Measure 37, making certain provisions therefore, and declaring an emergency.
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Attachments: •  Proposed Ordinance.

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