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Oregon
Land Use Update
January 19, 2005
In
this issue:
1000
FRIENDS OF OREGON
- Farmers
and 1000 Friends file lawsuit challenging constitutionality of Measure
37
- 1000 Friends
hires lobbyist
- Measure
37 claims monitoring: 106 claims, 4200 acres, $151million and counting
- 1000 Friends
testifies before the legislature, Stacey at City Club 1/21
OREGON
NEWS
- Demands
under Measure 37: How is land value calculated?
- Monmouth
and Independence benefit from Smart Growth policies
- Lowe’s
seeks a 1.4 million square foot warehouse in Lebanon
- Measure
37 is not just a rural issue: Portland demands filed
- The public’s
rights under Measure 37
- OSU Agribusiness
Conference February 1
- Free training
on how to lobby your legislators
NATIONAL
NEWS
- New study
finds sprawl hurts wildlife
- Zoning
seen as a tool to enhance quality of life and economic development
- Developing
county-Wide Plans: a new step in other states
If you would
like to receive Land Use Update via email, please subscribe at
http://www.friends.org/update.
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1000
FRIENDS OF OREGON
Farmers
and 1000 Friends file lawsuit challenging constitutionality of Measure
37
1000 Friends,
Farm Bureaus in Linn, Washington, Marion and Yamhill Counties, and individual
farmers and property owners are all plaintiffs in the litigation, which
asserts that Measure 37 violates the Oregon Constitution’s privileges
and immunities clause, as well as several other individual liberties
guaranteed against governmental infringement. Measure 37 gives a privileged
class of property owners special rights: to demand payment or immunity
from community zoning safeguards on which neighbors depend. No one can
choose to join the class; they alone hold special rights to profit-making
guaranteed by taxpayers. Read
more about the lawsuit. Read
a news report.
1000
Friends hires lobbyist
Elon Hasson
has joined 1000 Friends as our new Legislative Affairs Director. Elon
is an attorney with lobbying and political experience, as well as a
graduate of Lewis & Clark Law School. We are delighted that he has
joined us in time to wear out his cell phone this legislative session.
Measure
37: 106 claims, 4200 acres and counting
In the
absence of a coordinated, statewide registry for monitoring demands
for payment or waiver made to local governments, 1000 Friends has developed
a team of volunteers to help us monitor claims. Based on the claims
we have seen (we count only confirmed claims that have been filed, not
rumors of claims), Oregonians face 106 demands to develop 4,205 acres
of land. Half the demands are for development in exclusive farm use
zones, some claims are for developing prime farmland. Access
the state registry for state claims. If you are interested in becoming
a volunteer claims monitor, please contact us at info@friends.org.
Learn more about our efforts here.
1000
Friends testifies before the legislature, Stacey at City Club
Land use
is again a hot topic before the legislature. In the second week of the
session, 1000 Friends of Oregon Executive Director Bob Stacey testified
twice on Measure 37. On January 17, Stacey testified before a joint
House-Senate Committee hearing. Read
his written statement.
On January
19, Stacey testified before the House Environment and Land Use Committee.
On Friday, January 21 look for Stacey on a panel at the Portland City
Club talking again about Measure 37. You can download
an MP3 file from the City Club site for about two weeks.
Back
to top
OREGON
NEWS
Demands
under Measure 37: How is land value calculated?
Measure
37 provides that landowners can demand compensation for a decrease in
land value due to land use restrictions put in place by the government.
There is no money provided for compensation in the measure, so estimating
a change in value might seem irrelevant. It is actually a core requirement
of the measure that a decrease in value be demonstrated before a demand
can be deemed valid. But how does one know if there has been a decrease
in land value? Andrew Plantinga, Associate Professor at OSU has looked
at this question. Read
a news story or download
his paper.
Monmouth and Independence Benefit from Smart Growth Policies
Smart Growth
benefits all sizes of towns, not just major cities. Smart Growth is
about shaping growth so it benefits communities. Making downtowns energetic
places people want to be instead of boarded up buildings is but one
benefit. Other benefits include providing a range of housing choices
so young adults, families, single adults and retirees can comfortably
live in the same community and giving those residents options for how
to get around in their communities. Learn
more on what has happened in Monmouth and Independence.
Lowe’s
seeks a 1.4 million square foot warehouse in Lebanon
Lebanon
Mayor Ken Toombs announced January 10 that Lowe’s Home Improvement
Warehouse Inc. is hoping to build a 1.4 million square foot warehouse
in Lebanon on 204 acres. The warehouse could expand to 2.2 million square
feet. The property is in the north part of town. The company has reportedly
submitted an application to the city. The company states that the center
will employ 400-750 workers paying above minimum wage. The city, Linn
County and Oregon are providing over $12 million of public funds in
incentives, according to reports. Learn
more.
Measure
37 is not just a rural issue: Portland claims filed
Most of
the demands filed under Measure 37 are in rural areas, but urban neighbors
may be in for surprises as well. From protection of Tryon Creek to building
an oversized house and garage, Portland is not immune to Measure 37
demands. Read
more.
The public’s rights under Measure 37
Measure
37 pits property owner against property owner, but Hasso Hering in an
editorial in the Albany Democrat-Herald suggests that the public also
has rights to protect what makes Oregon a special place to live and
visit. Read
the editorial.
OSU
Agribusiness Conference February 1
Family
agribusiness will be the focus of a daylong program on Tues., Feb. 1,
at Oregon State University. Sponsored by the College of Business' Austin
Family Business Program at OSU, the event will aid farmers and growers
in improving business skills, transferring ownership of their business
and better communication with family members. Ten sessions are featured
from 8 a.m. to 5 p.m. at OSU's CH2M-Hill Alumni Center and include topics
such as trends and updates on family agribusinesses, impact of Measure
37 on family agribusinesses, marketing and business plans, estate planning,
as well as legal and financial planning. Presenters include a variety
of local experts on financial, marketing, legal, and business issues.
Cost is $100. To register, call (800) 859-7609 or register
online.
Free
training on how to lobby your legislators
Spend your
time in Salem effectively! The Oregon League of Conservation Voters
is providing free training on how to effectively lobby your legislators.
Some dates have passed, but remaining dates are for Portland (1/26)
and Ashland (1/29 as part of the Headwaters conference). Learn
more or sign up online.
If you
these sessions don’t work for you, lobby training sessions are
often hosted by other groups. Please check in with organizations familiar
to you to see if they are offering their own trainings.
Back
to top
NATIONAL
NEWS
New
Study Finds Sprawl Hurts Wildlife
Uncontrolled
sprawl presents a grave threat to wildlife due to destruction of habitat
reports a new study entitled “Endangered by Sprawl” issued
today by Smart Growth America, NatureServe, and the National Wildlife
Federation. For 85% of species at risk, habitat degradation is the principal
reason for their decline. NatureServe found that 60% of the nation’s
species most at risk are located within metropolitan areas. In the Portland-Vancouver-Beaverton
metropolitan statistical area, there are 45 species at risk, according
to the report, including the Willamette Valley Daisy, Oregon Chub, and
Oregon Spotted Frog. The Portland metropolitan area has pursued all
nine practices recommended in the report. The effects of Measure 37
on this success remain unknown. Wildlife-related recreation is big business
in Oregon: in a separate report the US Fish and Wildlife Service estimated
that in 2001 wildlife-associated recreation generated $2.1 billion in
Oregon. Read
the report or download
the Oregon survey of fishing, hunting, and wildlife-associated recreation.
Zoning as a Tool to Enhance Quality of Life and Economic Development
For areas
without Oregon’s land use planning program, community planning
is being more widely recognized as a tool that can protect quality of
life while promoting rural economic development. That is part of the
discussion going on in Lawrence County, Ohio. Learn
more.
Developing
County-Wide Plans: A New Step in Other States
In Oregon,
the first round of local land use plans were all completed and approved
in 1986. Local governments in states without a comprehensive community
planning program are having to take it upon themselves to invent how
they want to proceed. Wayne County, North Carolina has just decided
to prepare a countywide land use plan for how its wants to develop.
This is old news in Oregon, and a big step forward for other communities.
Learn
more.
Back
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Credits/Subscription
Info
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Land Use
Update is edited by Kate Kimball and brought to you by 1000 Friends
of Oregon, a statewide organization dedicated to protecting Oregon's quality
of life.
To help support
this work, including the distribution of Land Use Update, please
consider making a tax-deductible donation online at http://www.friends.org/support
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