Oregon Measure 37 & 49 -- How to use them, for property owners

June 21, 2017 4:28 PM

I'm trying to help a family member who would like to build on their land in Oregon, and possibly subdivide off some parcels as well.

I've been trying to understand how to actually go about making claims under measures 37 and 49. I've tried to google but mostly have found explanations of what the laws are for voters and general articles about land use in Oregon, which isn't quite what I'm after.

I'd like to find some sort of guide to navigating the claims process for a landowner who wishes to build and/or subdivide parcels. It seems fairly involved, so a book on the process or detailed website about the steps and the rights of landowners would be great. Can anyone point me to anything?

Is it possible for a landowner to go through the process without a lawyer? (Leaving aside for now the question of whether this is advisable)

posted by yohko to Law & Government (1 answer total)

Measures 37 & 49 will only apply if your relative would have been able to build on and/or subdivide their land when they purchased it, and cannot do so now solely due to enacted regulation. It's not a process to allow property owners to just ignore land use regulations-- so if your relative bought forest/farm land and now wants to build on it, this is not going to help.

I'm reasonably sure that the claims process starts at the local jurisdictional level. The city or county should be the place to start. I don't think a land use lawyer is necessarily required, but land use law is complicated and I can't imagine it would be realistic to muddle through this kind of thing without expert help. Plus, the most your relative will be able to do is whatever was legally allowable at the time of purchase. Figuring that out accurately will take some research and expert assistance, IMO.
posted by Kpele at 5:59 PM on June 21, 2017 [1 favorite]