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June 12, 2008

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My understanding is that if a claimant chose the vesting route and lost, they could not "try again" with one of the other M-49 routes. They are to chose and follow one path.
I am I wrong?

Harry, current DLCD policy is to treat vesting under Measure 37 and the Express/Conditional options of Measure 49 separately.

Thus claimants are being allowed to choose Express and also pursue a vested rights determination.

This doesn't make sense to me. Nor to some land use attorneys I've communicated with. I read section 5 of Measure 49 as saying that "just compensation" is either what's allowed under that measure or a vested right.

Not both. Because there's an "or" before the vested rights mention. See what you think:
http://www.leg.state.or.us/07reg/measures/hb3500.dir/hb3540.en.html

By this interpretation, once a claimant has gotten an Express or Conditional approval, vesting couldn't be sought.

However, if a claimant applied for a vested rights determination before getting an Express or Conditional approval, and failed, there's more reason for DLCD to allow the claimant to apply for Express/Conditional as a fallback option.

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