Oregon Revised Statutes Chapter 195 § 195.312 — Procedure for processing claims; fees

Procedure for processing claims; fees. (1) A person filing a claim under ORS 195.310 shall file the claim in the manner provided by this section. If the property for which the claim is filed has more than one owner, the claim must be signed by all the owners or the claim must include a signed statement of consent from each owner. Except as provided in subsection (2) of this section, only one claim for each property may be filed for each land use regulation. (2) For a claim based on a land use regulation described in ORS 195.300 (14)(e), an owner: (a) May file a claim only for property that is a lawfully established unit of land; (b) May file separate claims for different lawfully established units of land at the same or different times based on the same land use regulation; and (c) May not file multiple claims for the same lawfully established unit of land based on the same land use regulation. (3) A claim filed under ORS 195.310 must be filed with the public entity that enacted the land use regulation that is the basis for the claim. (4) Metro, cities, counties and the Department of Land Conservation and Development may impose a fee for the review of a claim filed under ORS 195.310 in an amount not to exceed the actual and reasonable cost of reviewing the claim. (5) A person must file a claim under ORS 195.310 within five years after the date the land use regulation was enacted. (6) A public entity that receives a claim filed under ORS 195.310 must issue a final determination on the claim within 180 days after the date the claim is complete, as described in subsection (10) of this section. (7) If a claim under ORS 195.310 is filed with state government, as defined in ORS 174.111, the claim must be filed with the department. If the claim is filed with Metro, a city or a county, the claim must be filed with the chief administrative office of the public entity, or with an individual designated by ordinance, resolution or order of the public entity. (8) A claim filed under ORS 195.310 must be in writing and must include: (a) The name and address of each owner; (b) The address, if any, and tax lot number, township, range and section of the property; (c) Evidence of the acquisition date of the claimant, including the instrument conveying the property to the claimant and a report from a title company identifying the person in which title is vested and the claimant’s acquisition date and describing exceptions and encumbrances to title that are of record; (d) A citation to the land use regulation that the claimant believes is restricting the claimant’s desired use of the property that is adequate to allow the public entity to identify the specific land use regulation that is the basis for the claim; (e) A description of the specific use of the property that the claimant desires to carry out but cannot because of the land use regulation; and (f) An appraisal of the property that complies with ORS 195.310 (2) or, for a claim based on a land use regulation described in ORS 195.300 (14)(e), an appraisal that complies with ORS 195.310 (4)(b). (9) A claim filed under ORS 195.310 must include the fee, if any, imposed by the public entity with which the claim is filed pursuant to subsection (4) of this section. (10) The public entity shall review a claim filed under ORS 195.310 to determine whether the claim complies with the requirements of ORS 195.310 to 195.314. If the claim is incomplete, the public entity shall notify the claimant in writing of the information or fee that is missing within 60 days after receiving the claim and allow the claimant to submit the missing information or fee. The claim is complete when the public entity receives any fee required by subsection (9) of this section and: (a) The missing information; (b) Part of the missing information and written notice from the claimant that the remainder of the missing information will not be provided; or (c) Written notice from the claimant that none of the missing information will be provided. (11) If a public entity does not notify a claimant within 60 days after a claim is filed under ORS 195.310 that information or the fee is missing from the claim, the claim is deemed complete when filed. (12) A claim filed under ORS 195.310 is deemed withdrawn if the public entity gives notice to the claimant under subsection (10) of this section and the claimant does not comply with the requirements of subsection (10) of this section. [2007 c.424 §13; 2009 c.464 §3]