From Oregonians In Action Education Center,
Looking Forward Magazine
In the past few weeks, we have received calls from Measure 49 claimants across the state asking about the timing of their Measure 49 claim. Here is the latest information from the Oregon Department of Land Conservation and Development (DLCD): Of the 6,600 Measure 49 claims mailed to Oregon property owners, only 4,500 were returned. The low return number is surprising and concerning to the DLCD. There are likely many causes for the low return rate.
For example, if you filed a Measure 37 claim with the state but did not receive a Measure 49 packet, the DLCD needs to hear from you right away. There may still be time for you to file a Measure 49 claim, if you choose to do so.
Alternatively, if you received a Measure 49 packet but did not return your claim in time, you will receive a letter from the DLCD informing you of this fact. If you would like the DLCD to reconsider their decision, you should notify the DLCD in writing, listing the circumstances why you did not return your packet in time, and requesting that they reconsider their decision.
OIA will be asking the 2009 legislature to extend the time to file claims to allow Measure 37 claimants one last chance to file Measure 49 claims, if they did not get their Measure 49 claim submitted in time.
For the 4,500 claimants who submitted Measure 49 claims to the DLCD, the claims are currently being sorted and divided according to the date of filing and whether the claims are asking for relief under the “express” or “conditional” paths of Measure 49. The DLCD is currently preparing preliminary evaluations for the first 400 claims, with the first decision expected by the end of July.
It will take the DLCD quite a while to process all 4,500 claims. The 2008 legislature authorized enough money for the DLCD to hire 10 claim writers, of which only 7 have been hired to date. Measure 49 claimants who filed their claims in late spring will likely have an extended wait to get a decision from the state.
For Measure 49 claimants who have chosen the “conditional” path, the DLCD has no timeline for processing these claims. The state has hired an appraiser, George Donnerberg, who will review the appraisals submitted by Measure 49 claimants.
Finding an appraiser who will conduct Measure 49 appraisals for those claimants choosing the conditional path has been difficult. Fortunately, a list of appraisers who will conduct appraisals for Measure 49 claimants is now available on the Oregon Appraiser Certification and Licensure Board’s website, which you can find at http://oregonaclb.org/media/M37-49list.
In addition to other bills aimed at providing relief to Oregon property owners from excessive land use and water regulations, OIA will work with the 2009 legislature to provide relief to Measure 37 claimants who did not understand the Measure 49 claims process and who consequently did not file claims.