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Oregon’s Measure 37 sunset at 11:59 p.m. on Dec. 5, 2007. Measure
49 took effect one minute later at midnight on Dec. 6.
Under Measure 49, landowners who filed Measure 37 claims have the
right to build a limited number of homes as payment for land use
regulations imposed after the owner acquired his or her property.
For more information, visit the
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Submitting a Measure 37 Claim to the State of Oregon
After December 4, 2006 Measure 37 requires claims based on existing land use regulations to include evidence that the claimant first filed a land use application, and that the land use application has been denied or conditioned as a result of the land use regulation. The requirements for state claims submitted after December 4, 2006 are described in more detail in #8, below.
Who may submit a Measure 37 claim:
Claims must be submitted in writing by an owner of real property or an authorized agent on behalf of an owner.
How to submit:
Claims must be submitted on a State of Oregon Measure 37 Claim Form by personal delivery, private courier, or certified or registered mail to:
DAS - State Services Division
Risk Management - Measure 37 Unit
1225 Ferry Street SE, U160
Salem, OR 97301-4292
Telephone: (503) 373-7475
Claims shall not be submitted by facsimile or electronically.
What is required:
A claim must include all of the following information:
- The name, mailing address, and telephone number of the claimant. If the claims is being submitted by a person acting for the claimant (a relative or agent), then that person's name, mailing address, and telephone number should also be included, along with a written and signed statement from the owner authorizing that person to submit the claim.
- The location of the property the claim is being submitted for. The description must identify each lot or parcel by tax lot number (normally available from the county assessor’s office), and the township, range and section for each tax lot. The description also must identify the county the property is located in and (if the property is within a city) the city. If there is a street address for the property, that also should be included.
- Evidence that the claimant owns an interest in the real property. Normally, this will be the deed conveying the real property to the claimant, and the most recent records from the county assessor’s office showing the claimant owns the property. A preliminary title report can also be used, but if so, the deed conveying the property to the claimant also needs to be included. A copy of the “plat” card for the property from the county assessor’s office also will help establish ownership.
- Evidence of when the claimant acquired the property. Normally, this will be the deed conveying the real property to the claimant, but land sale contracts also may establish when the property was acquired.
- Evidence of any private restrictions on the claimant’s use of the property that may affect the claimant’s right to carry out the use of the property that the claimant alleges has been restricted.
- The comprehensive plan and zoning designations of the property currently, and when the claimant acquired the property. Normally, these will be available from the county planning department.
- A description of the claimant's desired use of the property that the claimant alleges is restricted by state Land Use Regulations. If you have filed a claim with a city or county, please include a copy of that claim, and let us know whether your desired use is the same for the two claims.
- If the claim is based on a state land use regulation that took effect before December 2, 2004 the claim must include: (a) a copy of a final written decision by a city, a county, or Metro on a complete land use application for the claimant’s desired use of the property; or (b) a copy of a final written decision by a state agency on complete application to the agency for some aspect of the claimant’s desired use of the property. In addition, the claim must be received by DAS within two years of the date of the final written decision. A land use verification or enforcement letter from a city or county is not sufficient, you must have submitted a complete land use application for your desired use, and the city or county (or Metro or a state agency) must have taken final action on that application.
- If the claim is based on a state land use regulation that took effect on or after December 2, 2004 the claim must be made within two years of the effective date of the new regulation, or within two years of the date a complete land use application for the claimant(s) desire use is submitted.
- Written permission from the claimant and all other owners with a right to restrict access, authorizing the Department of Administrative Services, the Regulating Entity and their officers, employees, agents and contractors as necessary to enter the property to appraise it and to verify information in the claim.
- If the person submitting the claim is not the claimant, the claim must include a written statement signed by the claimant expressly authorizing the person submitting the claim to do so on the claimant´s behalf, and describing in detail the person´s authority to act on the claimant´s behalf with regard to the claim.
- A sworn and notarized statement signed by the claimant, and the person submitting the claim if different, attesting that all information contained in the claim is true and correct.
- Other information that may be submitted to support a claim includes but is not limited to the following: the most recent county assessor's maps with the claimant's property marked on the map; a preliminary title report; appraisal reports by certified appraisers; local claims and county or city decisions on those claims; and any past land use decisions concerning the property.
Claim Form:
Additional Information:
Measure 49 (doc)
Please see the M37 DAS Rules for Notice (pdf) for the rules of the Department of Administrative Services for Measure 37 claims.
Please see the Oregon Administrative Rules, Chapter 660, Division 041 for rules of the Land Conservation and Development Commission for Measure 37 claims involving that agency.
Claims Registry
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