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City of Portland

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5.75.030 Filing an Amended Claim.

A.  A person may amend a Measure 37 claim that was filed with the City of Portland on or before June 28, 2007.

B.  To qualify for compensation or waiver, a person filing an amended claim under this section must establish that:

1.  The claimant is an owner of the property;

2.  All owners of the property have consented in writing to the filing of the claim;

3.  The property is located, in whole or in part, within the City of Portland;

4.  On the claimant’s acquisition date, the claimant lawfully was permitted to establish at least the number of single family dwellings on the property that are authorized under Measure 49;

5.  The property is zoned for residential use;

6.  A land use regulation prohibits the establishment of a single-family dwelling;

7.  The establishment of a single-family dwelling is not prohibited by a land use regulation described in ORS 197.352(3);

8.  The land use regulation described in paragraph 6 of this section was enacted after the date the property, or any portion of it, was brought into the Metro Urban Growth Boundary;

9.  The land use regulation described in paragraph 6 of this section was enacted after the date the property, or any portion of it, was annexed to the City of Portland;

10.  The enactment of the land use regulation caused a reduction in the fair market value of the property; and

11.  The highest and best use of the property was residential use at the time the land use regulation was enacted.

C.  A person filing an amended Measure 37 claim under this section must submit the following information:

1.  The name, street address and telephone number of the claimant and all other persons and entities with an interest in the property;

2.  A title report issued no more than 30 days prior to submission of the claim that shows the claimant’s current real property interest in the property, the deed registry of the instrument by which the claimant acquired the property, the location and street address and township, range, section and tax lot number(s) of the property, and the date on which the owner acquired the property interest;

3.  A written statement signed by all owners of the property, or any interest in the property, consenting to the filing of the claim;

4.  A reference to any and all specific, existing land use regulations the claimant believes reduced the value of the property and a description of the manner in which the regulation prohibits the residential use of the property;

5.  A copy of the city land use regulations that applied to the property at the time the challenged land use regulations became applicable to, or were enforced against, the property;

6.  An appraisal showing the fair market value of the property one year before the enactment of the land use regulation and one year after enactment, and expressly determining the highest and best use of the property at the time the land use regulation was enacted;

7.  A description of the claimant’s proposed use of the property if the Council chooses to waive a land use regulation instead of paying compensation;

8.  If the property is or has been enrolled in one or more of the special assessment programs listed in Section 5.75.020 J., information regarding tax amounts not paid as a result of the program or programs; and

9.  A statement whether the claimant filed a claim with other public entities on or before June 28, 2007, involving the same property and a copy of any decision made by the entity on the claim.

D.  The Program Manager shall notify all claimants who filed claims on or before June 28, 2007, and whose claims were not decided by the City Council prior to December 6, 2007, that they may amend their claims under this section and shall provide a form for amended claims.  A claimant must submit an amended claim under this section to the Program Manager within 120 days after the date of notice under this paragraph or the claimant is not entitled to relief.