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 / Elections / Election Information / Primary Election - May 15, 2012 / Local Measures

Local Measures

JACKSON COUNTY

15-110  Charter Amendment to Declare County Policy Opposing Statewide Land-Use Planning

 

Question:  Should County Charter Be Amended to Declare a County Policy in General Opposition to Statewide Land-Use Planning?

 

Summary: Jackson County, along with all other counties in Oregon, must comply with statewide land-use laws.

 

            This Charter amendment would establish a new Jackson County policy regarding land-use laws.

 

            The new Jackson County policy would include the following provisions:

           

·         An historical view of state and local land-use laws;                                

·         Statements in opposition to current statewide land-use laws;

·         A statement that state law ought not to preempt local authority in land-use matters absent a compelling reason to protect the public from serious risk to health or safety, and only by legislation narrowly tailored to achieve those ends;

·         A directive that Jackson County annually invite state legislators to assist in the adoption and implementation of a local control policy;

·         A severability clause if any provision of the Act is held to be unconstitutional.

 

 

15-111 Charter Amendment to Establish County Policy Limiting Local Land-Use Regulations

 

Question:  Should County Charter Be Amended to Implement New Policy Limiting Local Land-Use Regulations and Establishing Compensation Process?

 

Summary:  Jackson County, along with all other counties in Oregon, must comply with statewide land-use laws.  One of Oregon’s land-use laws is commonly referred to as “Measure 37”.  Measure 37 regulates land-use waivers from state and local governments granted to land owners. 

 

This Charter amendment would establish and implement a Jackson County policy limiting the ability of the County to enact or enforce certain new land-use regulations unless compensation is paid to the property owner.

 

The new Jackson County Policy would include, among other things, the following provisions:

           

·         A procedure for a property owner to claim compensation and a definition of just compensation;

·         A statement that just compensation is measured by diminution in fair market value as a result of a land-use regulation;

·         A listing of exceptions to which the Act shall not apply;

·         A statement that the Act is intended to protect rights established by Measure 37;

·         A statement that proclaims the intent of County voters that past Measure 37 waivers granted by the County were enforceable quasi-judicial decisions.

 



 


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