HomeMy WebLinkAboutORD - Regulatory Takings CITY OF
kSHLAND
Council Communication
Title: An Ordinance Repealing Chapter 18.114 of the Ashland Municipal Code Relating to
Regulatory Taking Claims (Ballot Measure 7-2000 Amendment to Article I, Section 18,
Oregon Constitution)
Dept: Legal Department ~
Date: December 17, 2002
Submitted By: Paul Nolte~,.~
Approved By: Brian Almqui~,~ff.,~/~-~
Synopsis:
This ordinance repeals the code chapter that established the process for takings claims fil~l under the
Ballot Measure 7-2000 amendment to Article I, Section 18, of the Oregon Constitution. Ballot Measure
7-2000 nxluired the city to compensate landowners if the city enacted, enforced, or applied a regulation
that lowered the value of an owner's property by restricting its use.
Recommendations:
Move to adopt the ordinance.
Fiscal Impact:
None
·
Background:
On October 4, 2002, the Oregon Supreme Court unanimously upheld the Marion County circuit court's
decision that Ballot Measure 7-2000 was unconstitutional and therefore invalid in its entirety. The
Supreme Court's 'decision invalidated the constitutional amendment on the basis that it Made two or
more amendments to the Oregon Constitution that were not closely related and that voters should have
voted upon separately. Since chapter 18.114 addresses only those claims that could have been filed under
the invalidated measure, there is no reason to retain the chapter in the code.
1- G:~legal\PAUL~ALO~M~leasure 7 2000~1 repealcc2.wpd
ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 18.114 OF THE
ASHLAND MUNICIPAL CODE RELATING TO
REGULATORY TAKING CLAIMS (Ballot Measure 7-2000
Amendment to Article I, Section 18, Oregon
Constitution)
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 18.114 of the Ashland Municipal Code is repealed.
The foregoing ordinance was first READ on the ~' day of ~002, and
duly PASSED and ADOPTED this ~day of ,2002.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of ,2002.
Alan W. DeBoer, Mayor
Re~ci~wed as to form:
Paul Nolte, City Attorn~ey
1- Ordinance G:~legal\PAUL~ALO\M\Measure 7 2000\ord repeal.wpd