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City of Portland

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5.75.060 Filing a New Claim.

A.  A person may file a claim after June 28, 2007, and will qualify for compensation or waiver, if:

1.  The claimant is an owner of the property and all owners of the property have consented in writing to filing of the claim;

2.  The claimant’s desired use of the property is a residential use;

3.  The claimant’s desired use of the property is restricted by a land use regulation enacted after January 1, 2007;

4.  The enactment of the land use regulation has reduced the fair market value of the property; and

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

B.  A person filing a claim under this section must submit the fee for processing the claim prescribed in Section 5.75.090 and the following information:

1.  The name, street address and telephone number of the claimant and all other owners of 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; the date on which the owner acquired the property interest; and any exceptions and encumbrances to title;

3.  A written statement signed by all owners of the property consenting to the filing of the claim;

4.  A citation to the land use regulation the claimant believes is restricting the claimant’s desired use of the property;

5.  A description of the specific single-family residential use of the property that the claimant desires to carry out, but cannot because of the land use regulations;

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.  If the property is or has been enrolled in one or more of the special assessment programs listed in Measure 49, Section 9(6), information regarding taxes not paid as a result of the program or programs; and

8.  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.

C.  A person filing a claim under this section must file the claim within five years after the challenged land use regulation was enacted.