« Vesting Measure 37 claims under Measure 49 | Main | Hardly any Measure 37 claimants will have vested rights »

November 08, 2007

Comments

Well, It seems quite obvious to me that our next duty to Oregon is to keep a sharp eye on a few knucklehead commissioners and take action when they snub our laws.
Or, as my uncle says, "Sharpen up your steel-toed cowboy boots, take a 20' running start, and KERR-THUDD!!! right in the gonads when necessary. (figuretivly speaking, of course)
Truth will prevail. Measure 49 is the law of the land.

Oregon case law on the issue of vested rights, states that “when development has reached a certain stage,” the property owner has acquired a vested right “to continue the development and subsequently to put the use to its intended function.” Clackamas Co. v. Holmes 265 Or. 193, 197 (1973). Four requirements are considered in determining if a vested right has been established:


A. The ratio of prior expenditures to the total cost of the development,

B. The good faith of the landowner in making the prior expenditures,

C. Whether the expenditures have any relationship to the completed project or could apply to various other uses of the land, and

D. The nature of the project, its location and ultimate cost. Eklund v. Clackamas County 36 Or.App. 73 , 81 (1978).

Property developed under the common law vested right option is not transferable.

The problem I guess is: does anyone in Douglas County even care?

Since no one seems to have mentioned it and because you are shy about your contribution to this effort, I think you and Laurel deserve major props for putting it out there and taking on the developer/neighbors. Great example of involved citizenship.

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