1.65.010 Claims Procedure.
Claims for compensation or waiver of a land use regulation under ORS 195.300 through 195.336 are subject to the following procedural requirements:
A. All claims shall be filed in person or by U.S. Mail. The filing date is the date the claim is received by the City. Claims are to be submitted to the Community Development Department.
B. Claims must be on City claim forms and include:
1. The name and address of each owner;
2. The date when the property was acquired by the current owner;
3. The address, if any, and the assessor’s map and tax lot number of the property that is the subject of the claim;
4. A statement of the owner’s desired use of the property for residential use;
5. Specification of each land use regulation enacted after January 1, 2007, that is alleged to restrict the person’s desired use of the property and when the land use regulations were enacted;
6. The amount of reduction in fair market value alleged for each regulation at issue;
7. Whether a previous permit was issued for development of the property including a description of the use and the case file number;
8. Whether a claim was filed for the subject property with the State or any other government; and
9. The cost of the appraisal.
C. In addition to the claim form, the application must include:
1. A copy of the instrument conveying the property to the claimant;
2. A title report from a title company including the name of the person in whom title is vested, the most recent transfer date, and a list of recorded exceptions and encumbrances;
3. The written consent of all of the owners if there is more than one owner;
4. An appraisal showing the fair market value of the property one year before the enactment of each land use regulation and the fair market value of the property one year after the enactment. The appraisal must include a determination of the highest and best use of the property;
5. A claim review fee in the amount established by Council resolution. [Ord. NS-2159, 2011]