DRAFT OF PROPOSED ORDER VALIDATING MEASURE 37 CLAIMS

BEFORE THE BOARD OF COMMISSIONERS FOR JACKSON COUNTY, OREGON

In Re: Measure 37 Waivers Issued       ORDER NO.______________________

WHEREAS the number one goal to be accomplished under Oregon's statewide land use planning program is to provide for the involvement of the local citizenry in the development of local land use planning, and

WHEREAS it is to be inferred that the importance of local citizen input in the planning decision process is to provide accommodation to the wishes of the local citizens as expressed in such input, and

WHEREAS the matter of the revision of the initiative known as Measure 37 was presented to the entire electorate in Jackson County as the referendum known as Measure 49, and

WHEREAS  63% of the voting electorate of Jackson County rejected Measure 49, and

WHEREAS the result of that County-wide election presents the inescapable conclusion that the local citizenry favors the implementation in the County land use planning process of  waivers issued to claimants under Measure 37, and

WHEREAS during the period beginning December 8, 2004 and running through December 4, 2006, more than 700 local landowners presented the County with claims for compensation pursuant to the initiative known as Measure 37, and

WHEREAS the County investigated these claims and found 571 of them to be well-founded and indefensible, and

WHEREAS the County desired to avoid the expense of litigating these claims and the apparent liability for such compensation, and

WHEREAS the County tendered these 571 claimants agreements, popularly known as "waivers," under which the County agreed not to enforce the land use regulations giving rise to their claims of compensation, and

WHEREAS the State has amended the law enacted pursuant to Measure 37 by way of the Referendum known as Measure 49 to retrospectively modify the compensation due claimants as a result of regulatory diminution of the value of their property occasioned by particular land use regulations, and

WHEREAS a great deal of litigation has arisen in the Courts of the State regarding the legal significance and ramifications of these agreements issued pursuant to Measure 37, and

WHEREAS a great deal of litigation is both pending and threatened regarding the legality of the modifications to the agreements introduced by Measure 49, and

WHEREAS the County desires to avoid the expense and potential liability presented by such litigation, and

WHEREAS a proclamation of the intent of the County with regard to the creation of such agreements would serve to relieve the County of having to engage in such costly litigation with regard to the overwhelming majority of the claims outstanding,

NOW, THEREFORE, be it ordered that:

Jackson County herewith makes public proclamation of its intention with regard to the creation of the agreements popularly known as Measure 37 waivers and issued in response to the 571 claims for compensation during the period June 1, 2005 through May 3, 2007 as follows:

1. The County recognized and intended that the waiving of the regulations affecting claims in lieu of monetary compensation for the diminution in value of the subject property was full and sufficient consideration for the County's agreement and promise to waive application of land use regulations adopted after the date of the claimants' acquisition of the subject property as noted in the agreements, excepting only those specific exceptions delineated in Measure 37;

2. The County recognized and intended that the issuance of the agreement and promise to waive application of land use regulations adopted after the date of the claimants' acquisition of the subject property as noted in the agreement would be full and sufficient consideration for the claimants' waiver and forfeiture of their right to any monetary compensation pursuant to Measure 37 as evidenced by the claimants' acceptance of the agreements without further litigation;

3. The County, in reliance upon the agreed exchange of consideration between the County and the claimants, intended and expected that the agreements popularly known as Measure 37 waivers would be permanent and binding legal contracts providing the County with a full and complete defense against future litigation of the claims presented;

4. The County, in the absence of a specific disclaimer, fully intended and expected that these agreements would be as transferable and assignable as any other legal contract with the result that the agreement would be a full and complete defense of the County against any future heirs, successors, or assigns of the claimants.

THEREFORE, be it further ordered that Jackson County will honor and rely upon the subject agreements popularly known as Measure 37 waivers when and if the subject claimants, their heirs, successors, or assigns make land use application to the County and fully expects that such claimants will so do.

ORDERED this ______ day of _______________, 2008.

JACKSON COUNTY BOARD OF COMMISSIONERS