HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

January 28, 2003       HR E

8:30 AM     Tapes  8 - 9

 

MEMBERS PRESENT:            Rep. Bill Garrard, Chair

                                                Rep. Dennis Richardson, Vice-Chair

Rep. Cliff Zauner, Vice-Chair

Rep. Robert Ackerman

Rep. Dan Doyle

Rep. Mitch Greenlick

Rep. Diane Rosenbaum

 

STAFF PRESENT:                  Ray Kelly, Committee Administrator

David Peffley, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2137 - Invited Testimony

                                                        1000 Friends of Oregon

                                                        Oregonians in Action

                                                        American Planners Association

                       

 

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 8, A

004

Chair Garrard

Calls meeting to order at 8:36 and reopens the public hearing on HB 2137.

HB 2137 – PUBLIC HEARING

018

Stephen Kafoury

Oregon chapter of the American Planning Association (APA).  Introduces Mitch Rohse and gives a broad overview of the history of land use planning.

044

Mitch Rohse

President, Oregon American Planning Association.  Submits (EXHIBIT A)  and testifies in support of HB 2137.  States that Oregonians have generally been the recipient of benefits, not the victims of land use planning. 

152

Rohse

States that we don’t usually hear about land use planning success stories.  Gives anecdotes of how land use planning has helped property values.

281

Rohse

Asks committee to look for a range of options in compensation.  Asserts that while skeptical about compensation, the APA would like to see positive legislative ensue from this committee.

371

Rep. Richardson

Asks Rohse if he would rethink the issue if he was a victim of land use planning.

389

Rohse

Responds that he would feel pretty bad, but that there are provisions in the current law which allow for relief, which the public needs to be appraised of.

TAPE 9, A

013

Rep Greenlick

Asks how the appeals process could be made simpler. 

023

Rohse

Responds that he doesn’t really know.  Addresses the low cost of LUBA’s services, relative to an attorney.

074

Randy Tucker

Legislative Director, 1000 Friends of Oregon.  Offers broad testimony in opposition to HB 2137 and submits (EXHIBIT B).

148

Tucker

Introduces (EXHIBIT C) cartoon, emphasizing his claim that the passage of Measure 7 did not indicate a voter mandate on land use planning, but rather compensation. Introduces (EXHIBIT D) as further evidence.

221

Tucker

States opposition to prospective compensation, that workable solutions are not included in HB 2137.  Introduces (EXHIBIT E) --statutes pertaining to disposition of realty.

311

Tucker

Concludes with anecdotes, including the Tahoe case where the Supreme Court  ruled land use protection as integral for desirable communities.  Restates that protecting public good also protects property rights.

363

Dave Hunnicutt

Oregonians In Action. Submits (EXHIBIT F) and (EXHIBIT G) in support of HB 2137.  Explains why a measure is needed to address the iniquities of the takings clause.

TAPE 8, B

002

Hunnicutt

Continues testimony in support of HB 2137. 

097

Dorothy English

The poster child for Measure 7.  Gives testimony of her property purchase and intent to build an extra house on her land.  Testifies that LCDC imposes autocratic controls as a matter of course. 

173

Hunnicutt

States that he appreciates the compensation argument, but reaffirms that the landowner is being greatly compromised.  Suggests that we take a another look at much of the so-called agricultural land.

233

English

Emphatically questions the authority and initiative of the state in taking away her right to the land.

244

Hunnicutt

Offers to serve on a work group in order to arrive at a fair and comprehensive solution.

265

Rep. Doyle

Asks witnesses to discuss tax assessment outside of urban growth boundaries.

299

Hunnicutt

Restates Rep Doyle’s question.  States that there was an agreement on whether the said provisions would be valid. 

330

Rep. Doyle

Asks if there been any analysis on property appraisal.

336

Hunnicutt

States that he has very little experience in that area, but offers a personal anecdote

351

Tucker

Adds his understanding of taxes in relation to urban growth areas.

366

Rep. Doyle

Asks for a clarification of the Tahoe Case.

374

Hunnicutt

Elaborates on the Tahoe Case.

393

Tucker

Addresses the partial takings clause in the Tahoe Case.

411

Rep. Greenlick

Asks for clarification of term reasonable investment-backed expectations.

417

Hunnicutt

Responds with the legal precedent for that term.

TAPE 9, B

002

Hunnicutt

Relates the term to the Oregon takings clause.

013

Tucker

Adds his understanding with a different legal precedent.

027

Rep. Rosenbaum

Asks where there might be points of consensus where we could come up with a compromise solution.

039

Tucker

Asserts that the concept of fairness first needs to be addressed where people have been unduly affected.

055

Hunnicutt

Asserts that HB 2137 is fairly close to the solution arrived at by the last committee.  Believes that past misdeeds need addressing, first. 

081

Tucker

Reasserts skepticism with prospective legislation.

124

Bob Leipper

Testifies and submits (EXHIBIT H) with a personal anecdote.  Notes that HB 2137 could become a good bill with some revision. 

184

Paul Phillips

Pac/West Communications representing Metro Regional Services. Submits (EXHIBIT I).  Affirms interest in this legislation with revisions.  Offers to serve on a work group.

270

Rep. Doyle

Asks for clarification about remunerations for takings.

280

Phillips

Responds that this is an area of clarification which needs addressing.

294

Roger Kaye

Introduces (EXHIBIT J) in opposition to HB 2137, and addresses his concerns with the proposed legislation.

369

Jim Welsh

Oregon State Grange.  Addresses his support for HB 2137, including takings and compensation.  Offers that the agrarian foundation which our country was founded upon is being greatly compromised.

444

Chair

Adjourns meeting at 10:31.

 

 

EXHIBIT SUMMARY

 

A – HB 2137, written testimony, Mitch Rohse, 13 pp

B – HB 2137, written testimony, Randy Tucker, 2 pp  

C – HB 2137, written material, Randy Tucker, 1 p

D – HB 2137, written material, Randy Tucker, 1 p

E – HB 2137, written material, Randy Tucker, 2 pp

F – HB 2137, written testimony, Dave Hunnicutt, 4 pp

G – HB 2137, written materials, Dave Hunnicutt, 26 pp

H – HB 2137, written testimony, Bob Leipper, 2 pp

I  – HB 2137, written testimony, Paul Phillips, 4 pp

J – HB 2137, written testimony, Roger Kaye, 1 p