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On February 21, 2006, the Oregon Supreme Court issued its opinion (doc) in the MacPherson vs. DAS case reversing the trial court decision and upholding Measure 37 as constitutional. Measure 37 claims against the state have been on hold since the trial court ruled last October that the measure was unconstitutional.
The Supreme Court decision is effective March 13, 2006, the date the trial court enters its judgment on remand. Starting on March 13, 2006, the Measure 37 claims process resumed. The following information summarizes how the state will handle Measure 37 claims:
- New Claims. New claims may be filed beginning March 13, 2006 (not before). All claims that are based on state land use regulations must be filed with the Department of Administrative Services. Instructions on filing a claim with the state.
- Claims filed before October 25, 2005, but not acted on. The state will resume processing claims that had been filed, but that had not been acted on, prior to the entry of the trial court judgment on October 25, 2005. As to those claims, the period from October 25, 2005 until the entry of the trial court judgment on March 13, 2006 (139 days) will not be counted as part of the 180-day period for acting on state claims. For example, if a claim was at the 150th day of the 180-day period on October 25, 2005, the time period for processing the claim will resume on March 13, 2006. Claims filed prior to October 25, 2005 do not need to be re-filed.
- Claims filed after October 25, 2005. If you filed a claim with the state after October 25, 2005, and before March 13, 2006, that claim should have been returned to you, and you will need to re-file it with the Department of Administrative Services. Instructions on filing a claim with the state.
- Claims where final orders had already been granted. Any orders issued by the state that allowed a Measure 37 claim and decided to not apply (to waive) a land use regulation prior to October 25, 2005, will be in effect according to their terms beginning March 13, 2006.
Claims Registry
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