OUR FIX
Definitions
Productive farm land
Productive farm land is land that, in aggregate, has Gross Sales in any of the last 5 years of $80,000 or more; or $20,000 or more in lease payments.
Productive forest / timber land
Productive forest land is land that has Gross Sales in the 20 years preceding measure date totaling $xxx per acre and has been replanted; or is currently planted and not logged in the past 20 years, and determined by a timber survey (today's value) could generate $xxx per application in the next 20 years. This value is $yyy for Western and $zzz for Eastern Oregon.
**Measure 49 uses the term "High Value" farm and forest, which is defined by soil types. It totally ignores access to water for farmland. It ignores the properties size, access to roads, proximity to other development, and other restrictions to use**
#1 Cap on Productive farm land / forest land
Productive farm land and productive forest land will allow a maximum of 3 buildable lots per application; less current legal residences. Owner is still entitled to the full number of buildable lots as specified in number #3; but must sell or assign those rights to other properties. Local planning commission would decide whether to allow such an assignment.
**Measure 49 already allows the sale and assignment of buildable rights; but only to the Government. This measure would allow the owner to retain or sell these rights.**
#2 Cap on groundwater critical areas
Restricted groundwater areas will allow a maximum of 1 new buildable lot per application. Owners are still entitled to the full number of buildable lots as specified in #3; but must sell or assign those rights to other properties.
**Measure 49 currently allows 3 buildable lots per application, more than inside the UGB; and the same as any other property outside the UGB not on low value farm / forest**
#3 Maximum number of buildable lots per claim
For 20 acres or less, could not exceed 6 lots. 21-60 could not exceed 8 lots. For 60 acres or greater could not exceed 10 lots. Maximum total claims not to exceed 30 state wide .
**Nearly 80% of all claims are for 10 or less lots.**
#4 Assignability - Development credits
All buildable lots (other than those restricted by #1 or #2) will be on existing claim. All other rights to build will become transferable development credits, and will be sold or assigned. The State of Oregon and local governments will identify non-productive farm or forest land to accept these development rights by 2009. All credits are for the life of the owner; or for 10 years after death, sale, or transfer.
#5 Commercial and Industrial uses
Commercial and Industrial uses are not allowed. Claims on Commercial or Industrial sites would have to be converted to residential, and sold or assigned to other lots per #4. Future Commercial or Industrial losses are not covered by this act.
#6 Family owned business entities
Family owned partnerships, LLC, corporations, or other closely held business ownerships that could transfer the property back to all living transferees for purposes of a M37 claim may file a claim as if the property was still owned by the original transferees.
**The vast number of these transfers was for estate or tax purposes; prior to M37**
#7 Maximum lot sizes
Maximum lot sizes will not apply outside of the UGB. Minimum lot sizes will apply inside the UGB. Shadow platting may be allowed by the local jurisdiction to allow for lot sizes in excess of the minimum lot size.
#8 Legal
Measure 37 legal reimbursement provision remains intact.
**Measure 49 requires landowner to pay legal, even if he wins**
#9 New and edited waivers / applications
Current waiver holders, or with application in process, have 60 days from this act to modify their current waiver or application. The government has 180 days to review.
New waiver applications for laws prior to December 4, 2006 will have 90 days to apply. The government has 360 days to approve.
All applications after this date will be for laws that applied after December 4, 2006. These applications will have to establish loss through an appraisal process.