HOUSE COMMITTEE ON LAND USE AND REGULATORY FAIRNESS

 

 

May 22, 2001                                                                                                       Hearing Room 357

3:30 p.m.                                                                                                                       Tapes 19 - 20

 

MEMBERS PRESENT:         Rep. Max Williams, Chair

Rep. Kurt Schrader, Vice-Chair

Rep. Chris Beck

Rep. Betsy Close

Rep. Kathy Lowe

Rep. Karen Minnis

Rep. Susan Morgan

 

 

STAFF PRESENT:                 Virginia Gustafson Lucker, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           LC 4258 Public Hearing

 

 

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 19, A

004

Vice Chair Schrader

Calls the meeting to order at 4:00 p.m. and opens a hearing on LC 4258.

LC 4258 PUBLIC HEARING

006

Sue Hanna

Legislative Counsel

Introduces LC 4258 relating to compensation for loss of property value resulting from land use regulation (EXHIBIT A).  Gives a sectional analysis of LC 4258.

034

Rep. Beck

Asks if it would be appropriate to provide the state with a list of qualified appraisers.

047

Hanna

Says that it is a policy call that the committee can make, but wonders if it might be inappropriate.

056

Rep. Beck

Contends that there are standards that need to be met.

063

Hanna

Says the committee must be careful not to take an unconstitutional route in selecting a list of appraisers.  Explains the criteria would have to be clearly laid out.

115

Vice Chair Schrader

Asks if there is any constitutional problem with developing new appraiser standards for the purposes of implementation of this act.

125

Hanna

Replies, no.

147

Rep. Beck

Wonders if an extra certification could be added to an appraiser’s qualifications that would acknowledge land use laws.

172

Hanna

Says it is doable, but laborious.

176

Rep. Beck

Asks about out of state appraisers.

183

Hanna

Replies that this needs more research.  Continues sectional analysis of LC 4258.  Talks about valuation dates and case law on valuation.

243

Rep. Beck

Asks about fair market value.

247

Hanna

Discusses competing appraisals with regard to fair market value. Continues with the sectional analysis of LC 4258.

292

Vice Chair Schrader

Asks for clarification of “corporation” with regard to land ownership.

301

Hanna

Cites ORS 174.100, which gives general definitions for all statutes.

311

Vice Chair Schrader

Asks about the definition of reinterpretation.

313

Hanna

Replies that a reinterpretation can be just like adopting a new ordinance.

337

Hanna

Continues sectional analysis of LC 4258.

TAPE 20, A

014

Rep. Lowe

Discusses the intent of a landowner with regard to development.

101

Rep. Close

States that she objects to not having time to review the LC draft and not having the opportunity to provide input.

144

Hanna

Continues the sectional analysis.

157

Rep. Morgan

Asks about the status of transitional zones that are a combination of agricultural and forestry zone.

162

Hanna

States that that issue needs more research.

175

Rep. Morgan

MOTION:  Moves LC 4258 BE INTRODUCED as a committee bill.

 

 

VOTE:  4-1-2

AYE:            4 – Lowe, Schrader, Morgan, Beck

NAY:            1 – Close

EXCUSED:  2 – Williams, Minnis

182

Vice Chair Schrader

The motion Carries.

189

Hanna

Continues the sectional analysis.

203

Rep. Morgan

Asks why all references are to cash compensation rather than variances or other tools discussed.

210

Hanna

Replies that this is a policy decision that was made.  Continues sectional analysis.

232

Rep. Morgan

States that based on prior testimony a variance is something to be considered.

241

Hanna

Comments that the variance addressed is to standards, not a variance to use.

276

Rep. Morgan

Says that it would be helpful to find a way to address a variance to use.

279

Rep. Beck

Agrees.

316

Vice Chair Schrader

Calls a recess of the committee at 4:30 p.m. for a call of the house.

318

Vice Chair Schrader

Reconvenes the meeting at 4:45 p.m.

320

Rep. Morgan

Discusses the variance terminology.

332

Hanna

Replies that it needs to be very clear in the bill what the intent is.  Contends that to deal with variances on a case by case basis could jeopardize equal protection.

365

Rep. Lowe

Says that the committee must preserve the ability to fashion a remedy to the particular needs of a citizen.

395

Hanna

Continues with sectional analysis.

471

Rep. Morgan

Asks about the date she chose on page 8, line 3.

479

Hanna

Explains how she determined the date.

TAPE 19, B

043

Chair Williams

Responds that the date is very flexible.

073

Hanna

Continues analysis of Section 7, 8, and 9.

104

Rep. Lowe

Asks about collections made by the county that are not received by the state.

111

Chair Williams

Explains county revenue sharing.

140

Hanna

Continues sectional analysis.

181

Chair Williams

Recesses the meeting for another call of the house at 5:15 p.m.

185

Chair Williams

Reconvenes the meeting at 5:30 p.m.

191

Hanna

Continues her analysis of LC 4258.

211

Chair Williams

Talks about section 12 with regard to the threshold and says that it will need to be rewritten.

243

Hanna

Continues the analysis and talks about reinterpretation with regard to land use regulations.

293

Rep. Morgan

States her opposition to the Section 12C reference to the Endangered Species Act.

308

Hanna

Continues the sectional analysis.

444

Chair Williams

Adjourns the meeting at 6:15 p.m.

 

Submitted By,                                                                           Reviewed By,

 

 

 

Jane Bodenweiser,                                                                    Virginia Gustafson Lucker,

Committee Assistant                                                                 Counsel

 

EXHIBIT SUMMARY

 

A - LC  4258 submitted by staff, dated 5/22/01, 12 pp