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DLCD Measure 49

Summaries of Measure 37 Claims
Summaries of Measure 37 Claims Filed in the State
 
The following statistics are through Dec. 5, 2007 (FINAL REPORT): 
 
6,857 Measure 37 claims have been received 
  • 1,264 prior to October 25, 2005
  • 5,342 received between March 13, 2006 and December 4, 2006
  • 219 received after December 4, 2006 
  • 76 received after June 28, 2007
6,857 of the total claims have been forwarded to agencies
  • 6,814 = Oregon Department of Land Conservation and Development lead
  • 4 = Oregon Department of Transportation lead
  • 6 = Oregon Department of State Lands lead
  • 1 = Oregon Department of Environmental Quality lead
  • 1 = Oregon Department of Forestry lead
  • 1 = Oregon State Parks lead
  • 4 = Oregon Water Resources lead
  • 26 = Oregon Department of Administrative Services lead
14 claims have been referred to agencies in the past seven days
 
None of the total claims still to be forwarded to agencies
 
3,722 claims have been closed (through Final Order of Withdrawl process)
  • At least 3,574 Final Orders have been issued
3,135 of the total claims are in various stages of process at DAS (new claims, Claim Review process, obtaining neighbor information, awaiting response from counties, and pending letter completion)
 
4,610 claims have had neighbor letters sent through Dec. 5, 2007
 
More than $19,844,379,986 total compensation has been requested for these claims
 
________________________________________

 
The following statistics are through Oct. 19, 2007: 
 
6,814 Measure 37 claims have been received 
  • 1,264 prior to October 25, 2005
  • 5,342 received between March 13, 2006 and December 4, 2006
  • 196 received after December 4, 2006 
6,814 of the total claims have been forwarded to agencies
  • 6,771 = Oregon Department of Land Conservation and Development lead
  • 4 = Oregon Department of Transportation lead
  • 6 = Oregon Department of State Lands lead
  • 1 = Oregon Department of Environmental Quality lead
  • 1 = Oregon Department of Forestry lead
  • 1 = Oregon State Parks lead
  • 4 = Oregon Water Resources lead
  • 26 = Oregon Department of Administrative Services lead
0 claims have been referred to agencies in the past seven days
 
None of the total claims still to be forwarded to agencies
 
3,759 claims have been closed (through Final Order of Withdrawl process)
  • At least 3,373 Final Orders have been issued
3,235 of the total claims are in various stages of process at DAS (new claims, Claim Review process, obtaining neighbor information, awaiting response from counties, and pending letter completion)
 
4,520 claims have had neighbor letters sent through Oct. 12, 2007
  • 81 claims have had neighbor letters sent the week ending Oct. 12, 2007 
 
More than $19,721,450,072 total compensation has been requested for these claims
 
________________________________________

 
The following statistics are through Sept. 14, 2007: 
 
6,808 Measure 37 claims have been received 
  • 1,264 prior to October 25, 2005
  • 5,342 received between March 13, 2006 and December 4, 2006
  • 190 received after December 4, 2006 
  • 2 received in the past seven days
6,794 of the total claims have been forwarded to agencies
  • 6,751 = Oregon Department of Land Conservation and Development lead
  • 4 = Oregon Department of Transportation lead
  • 6 = Oregon Department of State Lands lead
  • 1 = Oregon Department of Environmental Quality lead
  • 1 = Oregon Department of Forestry lead
  • 1 = Oregon State Parks lead
  • 4 = Oregon Water Resources lead
  • 26 = Oregon Department of Administrative Services lead
0 claims have been referred to agencies in the past seven days
 
14 of the total claims still to be forwarded to agencies
 
3,418 claims have been closed (through Final Order of Withdrawl process)
  • At least 3,237 Final Orders have been issued
3,390 of the total claims are in various stages of process at DAS (new claims, Claim Review process, obtaining neighbor information, awaiting response from counties, and pending letter completion)
 
4,139 claims have had neighbor letters sent, with a total of 85,602 neighbor letters sent
  • 75 claims have had neighbor letters sent the week ending Sept. 7, 2007 
 
More than $19,715,281,530 total compensation has been requested for these claims
 
________________________________________

 
The following statistics are through May 18, 2007: 
 
6,747 Measure 37 claims have been received 
  • 1,264 prior to October 25, 2005
  • 5,341 received between March 13, 2006 and December 4, 2006
  • 3,570 received between November 13, 2006 and December 4, 2006
  • 142 received after December 4, 2006 
  • 7 received in the past seven days
6,302 of the total claims have been forwarded to agencies
  • 6,261 = Oregon Department of Land Conservation and Development lead
  • 4 = Oregon Department of Transportation lead
  • 6 = Oregon Department of State Lands lead
  • 1 = Oregon Department of Forestry lead
  • 1 = Oregon State Parks lead
  • 3 = Oregon Water Resources lead
  • 26 = Oregon Department of Administrative Services lead
314 claims have been referred to agencies in the past seven days
 
436 of the total claims still to be forwarded to agencies
 
3,042 claims have been closed (through Final Order of Withdrawl process)
  • At least 2,969 Final Orders have been issued
3,637 of the total claims are in various stages of process at DAS (new claims, Claim Review process, obtaining neighbor information, awaiting response from counties, and pending letter completion)
 
3,047 claims have had neighbor letters sent, with a total of 60,248 neighbor letters sent
  • 38 claims have had neighbor letters sent in the past seven days
More than $19,265,873,464 total compensation has been requested for these claims
 
________________________________________

 
The following statistics are through April 12, 2007: 
 
6,680 Measure 37 claims have been received 
  • 1,264 prior to October 25, 2005
  • 5,297 received between March 13, 2006 and December 4, 2006
  • 119 received after December 4, 2006 
  • 2 received in the past seven days
5,006 of the total claims have been forwarded to agencies
  • 4,965 = Oregon Department of Land Conservation and Development lead
  • 4 = Oregon Department of Transportation lead
  • 6 = Oregon Department of State Lands lead
  • 1 = Oregon Department of Forestry lead
  • 1 = Oregon State Parks lead
  • 3 = Oregon Water Resources lead
  • 26 = Oregon Department of Administrative Services lead
1,669 of the total claims still to be forwarded to agencies
 
2,669 claims have been closed (through Final Order of Withdrawl process)
  • At least 2,593 Final Orders have been issued
3,614 of the total claims are in various stages of process at DAS (new claims, Claim Review process, obtaining neighbor information, awaiting response from counties, and pending letter completion)
 
3,067 claims have had neighbor letters sent, with a total of 59,504 neighbor letters sent
 
More than $14,959,251,480 total compensation has been requested for these claims*
 
* This amount does not reflect the total of all compensation requested as all data entry has not been completed on claims received after November 30, 2006.  
 
________________________________________

 
The following statistics are through Nov. 17, 2006: 
 
3,182 Measure 37 claims have been received 
  • 1,264 prior to October 25, 2005
  • 1,918 received since March 13, 2006
2,280 claims have been referred to agencies
  • 2,239 = Oregon Department of Land Conservation and Development lead
  • 4 = Oregon Department of Transportation lead
  • 6 = Oregon Department of State Lands lead
  • 1 = Oregon Department of Forestry lead
  • 1 = Oregon State Parks lead
  • 3 = Oregon Water Resources lead
  • 26 = Oregon Department of Administrative Services lead
At least 1,603 Final Orders have been issued
 
1,746 claims have been closed (through Final Order or Withdrawal process)
 
895 claims are in various stages of process at DAS (new claims, claim review process, obtaining neighbor information, awaiting response from counties, and pending letter completion)
 
More than $6,129,087,126 total compensation has been requested for these claims
 
________________________________________

 
The following statistics are through Oct. 13, 2006: 
 
2,636 Measure 37 claims have been received 
  • 1,264 prior to October 25, 2005
  • 1,372 received since March 13, 2006
2,045 claims have been referred to agencies
  • 2,005 = Oregon Department of Land Conservation and Development lead
  • 4 = Oregon Department of Transportation lead
  • 5 = Oregon Department of State Lands lead
  • 1 = Oregon Department of Forestry lead
  • 1 = Oregon State Parks lead
  • 3 = Oregon Water Resources lead
  • 26 = Oregon Department of Administrative Services lead
At least 1,501 Final Orders have been issued
 
1,580 claims have been closed (through Final Order or Withdrawal process)
 
591 claims are in various stages of process at DAS (new claims, claim review process, obtaining neighbor information, awaiting response from counties, and pending letter completion)
 
More than $6,080,486,494 total compensation has been requested for these claims
 
________________________________________

 
The following statistics are through Sept. 15, 2006: 
 
2,412 Measure 37 claims have been received 
  • 1,264 prior to October 25, 2005
  • 1,148 received since March 13, 2006
1,884 claims have been referred to agencies
  • 1,844 = Oregon Department of Land Conservation and Development lead
  • 4 = Oregon Department of Transportation lead
  • 5 = Oregon Department of State Lands lead
  • 1 = Oregon Department of Forestry lead
  • 1 = Oregon State Parks lead
  • 3 = Oregon Water Resources lead
  • 26 = Oregon Department of Administrative Services lead
At least 1,187 Final Orders have been issued
 
1,303 claims have been closed (through Final Order or Withdrawal process)
 
528 claims are in various stages of process at DAS (new claims, claim review process, obtaining neighbor information, awaiting response from counties, and pending letter completion)
 
More than $5,611,724,576 total compensation has been requested for these claims
 
________________________________________
 

 
The following statistics are through Aug. 18, 2006: 
 
2,234 Measure 37 claims have been received 

  • 1,264 prior to October 25, 2005
  • 970 received since March 13, 2006

1,781 claims have been referred to agencies
  • 1,741 = Oregon Department of Land Conservation and Development lead
  • 4 =  Oregon Department of Transportation lead
  • 5 =  Oregon Department of State Lands lead
  • 1 =  Oregon Department of Forestry lead
  • 1 = Oregon State Parks lead
  • 3 = Oregon Water Resources lead
  • 26 =  Oregon Department of Administrative Services lead
At least 1,055 Final Orders have been issued
 
1,138 claims have been closed (through Final Order or Withdrawl process)
 
448 claims are in various stages of process at DAS (new claims, claim review process, obtaining neighbor information, awaiting response from counties, and pending letter completion)
 
More than $5,162,926,936 total compensation has been requested for these claims
 
________________________________________
 

 
The following statistics are through July 7, 2006: 
 
1,994 Measure 37 claims have been received 
  • 1,264 prior to October 25, 2005
  • 730 received since March 13, 2006
1,474 claims have been referred to agencies
  • 1,436 = Oregon Department of Land Conservation and Development lead
  • 4 = Oregon Department of Transportation lead
  • 4 = Oregon Department of State Lands lead
  • 1 = Oregon Department of Forestry lead
  • 1 = Oregon State Parks lead
  • 3 = Oregon Water Resources lead
  • 22 = Oregon Department of Administrative Services lead
At least 872 Final Orders have been issued
 
930 claims have been closed (through Final Order or Withdrawl process)
 
520 claims are in various stages of process at DAS (new claims, Claim Review process, obtaining neighbor information, awaiting response from counties, and pending letter completion)
 
More than $4,208,962,816 total compensation has been requested for these claims
 
________________________________________
 

 
The following statistics are through June 2, 2006: 
 

1,809 Measure 37 claims have been received 

  • 1,264 prior to October 25, 2005
  • 545 received since March 13, 2006
1,247 claims have been referred to agencies
  • 1,210 = Oregon Department of Land Conservation and Development lead
  • 4 = Oregon Department of Transportation lead
  • 4 = Oregon Department of State Lands lead
  • 1 = Oregon Department of Forestry lead
  • 1 =  Oregon State Parks lead
  • 3 = Oregon Water Resources lead
  • 22 = Oregon Department of Administrative Services lead
At least 672 Final Orders have been issued
 
 
711 claims have been closed (through Final Order or Withdrawl process)
 
 
562 claims are in various stages of process at DAS (new claims, Claim Review process, obtaining neighbor information, awaiting response from counties, and pending letter completion)
 
 
1,169 claims have had neighbor letters sent, with a total of 27,727 neighbor letters sent
  • At least 2,543 neighbor letter comments have been received
  • At least 159 staff report comments have been received
7 claims withdrawn but resubmitted
 
 
More than $ 3,717,477,208 total compensation has been requested for these claims
 
________________________________________
 

 
The following statistics are through April 21, 2006: 
 
1,605 Measure 37 claims have been received 
  • 1,264 prior to Oct. 25, 2005
  • 254 received since March 13, 2006
1,117 claims have been referred to agencies
  • 1,085 =  Oregon Department of Land Conservation and Development lead
  • 3 = Oregon Department of Transportation lead
  • 4 = Oregon Department of State Lands lead
  • 1 = Oregon Department of Forestry lead
  • 1 = Oregon State Parks lead
  • 3 = Oregon Water Resources lead
  • 18 =  Oregon Department of Administrative Services lead
At least 454 Final Orders have been issued
 
 
488 claims are in various stages of process at DAS (new claims, Claim Review process, obtaining neighbor information, awaiting response from counties, and pending letter completion)
 
 
1,117 claims have had neighbor letters sent, with a total of 26,437 neighbor letters sent
  • At least 2,543 neighbor letter comments have been received
  • At least 159 staff report comments have been received
5 claims withdrawn but resubmitted
 
 
More than $ 3,166,007,276 total compensation has been requested for these claims
 
________________________________________
 

Feb. 21, 2006
 
The following sets forth information regarding Measure 37 claims that were filed with the state prior to October 25, 2005, when the order and judgment was entered in the Marion County Circuit Court case of MacPherson, et al vs. Department of Administrative Services, et al, declaring the measure to be unconstitutional and directing the department (and all other defendants) to stop accepting claims and issuing reports and orders on claims.
 
NOTE: The trial court decision was reversed by the Oregon Supreme Court on February 21, 2006 [link to decision]  and the measure was reinstated. For information on the status of claims filed and the filing of new claims, see the section above entitled: "Supreme Court Reinstates Measure 37."
 
The information reported in this section is based on information submitted by claimants, and has not been independently verified as to its accuracy or reliability.
 
 
As of October 25, 2005:
 
1255 claims had been filed with the state. (Not all had been distributed by DAS to the appropriate regulating agencies prior to October 25.)
 
1065 claims had been sent to DLCD.
 
373 final orders and reports had been issued. (No compensation has been awarded on any state claim. Approximately 90% of claims have resulted in waivers; 10% in denial.)
 
The 1065 claims forwarded to DLCD request at least $2.2 billion in compensation and cover at least 66,000 acres of land.
 
 
Percent of Claims by Zoning
 
EFU                                                     75%                
Forest                                                  12%
Mixed Farm/Forest                                 2%    
Total Resource Land                          89%   
 
Rural Residential                                   10%      
Other                                                     1%
 
26,341 letter notices to neighbors have been sent.
 
2500 comment letters have been received.
 
 
Litigation
 
31 court cases have been filed relating to the measure:
  • 23 by claimants, challenging claim decisions (including 19 complaints filed in the circuit courts of the state, and four petitions for review filed in the Court of Appeals).
  • Two by neighbors of claimants, challenging claim decisions.
  • Four declaratory judgment actions regarding the interpretation or application of the measure (including one relating to the federal law exemption and four relating to transferability).
  • Two cases contesting the constitutionality of the measure (including MacPherson and a second action against the 32 counties that were not parties to MacPherson and the Attorney General).
Regional Distribution of Claims
 
Western Oregon           85% (including Hood River County)
Eastern Oregon            15%
 
Willamette Valley          65%
---North                           48% (Clackamas, Multnomah, Washington, Yamhill)
---Central                         13% (Marion, Polk, Benton)
---Southern                       4% (Lane and Linn)
Southern Oregon          10% (Douglas, Josephine, Jackson, Klamath)
Coast                             6%
Central Oregon               7%  (Deschutes, Crook, Jefferson)
Far East Oregon              6%  (Baker, Grant, Malheur, Umatilla, Union, Wallowa)
Columbia Co.                  2%
Hood River/Wasco           3%
Cities                             1%
                                     100%
 
 
Type of Land Use Requested by Claimants
 
Land Division & Dwellings                                  86%     (919 claims)
Dwelling only                                                    13%     (134 claims)    
Other Use (aggregate, commercial, industrial)      1%     (12 claims)

Measure 37 Database Project (Portland State University)
May 23, 2006
 
The following link will take you to a website at Portland State University's Institute for Portland Metropolitan Studies. In December 2005, the Institute received a grant from the Oregon Community Foundation to build a database of Measure 37 claims. The database includes information on claims filed statewide, including claims filed with the state as well as local governments.
NOTE: The above link is provided for convenience and information. Neither the State of Oregon nor the Department of Land Conservation and Development (DLCD) endorses or sponsors the products, services or information provided by the links.

Measure 37 Maps
April 12, 2006
 
These maps reflect claims filed with the state as of October 25, 2005.