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This document is a claim form for individuals or entities seeking relief under Measure 49 concerning land use regulations in Portland, Oregon. It collects contact information of claimants, details
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How to fill out measure 49 claim for

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How to fill out measure 49 claim for

01
Gather necessary information including property details and any relevant previous claims.
02
Obtain the Measure 49 claim form from the appropriate state or local agency website.
03
Fill out the form with accurate information, including your contact details and property specifics.
04
Provide evidence to support your claim, such as maps, photographs, or legal documents.
05
Review the completed form thoroughly for accuracy.
06
Submit the claim form along with any supporting documents to the designated office.
07
Keep a copy of the submitted form and any correspondence for your records.

Who needs measure 49 claim for?

01
Property owners who have been affected by land use regulations imposed by Measure 37 since its enactment.
02
Individuals seeking compensation for diminished property rights due to government regulations.
03
Landowners wanting to retain their ability to develop or use their property as intended prior to the regulations.

Guide to Submitting a Measure 49 Claim

Understanding Measure 49 claims

Measure 49, passed by Oregon voters in 2007, allows property owners to seek compensation for the reduction of development rights on their land. This measure was introduced to address concerns stemming from Measure 37, which allowed landowners to develop their property despite zoning restrictions. Measure 49 restricts such claims while providing a structured approach for those who had already established claims before its passage.

The purpose of Measure 49 claims is to balance property rights with community interests, especially in maintaining environmental standards and land use planning. By filing a Measure 49 claim, property owners can seek financial recovery for development restrictions imposed after Measure 37 was implemented, ensuring they are compensated fairly for their losses.

Key benefits of filing a claim under Measure 49 include potential compensation that reflects the fair market value of development rights lost, the ability to transfer development credits, and access to streamlined processing through state resources.

Eligibility criteria for Measure 49 claims

To qualify for a Measure 49 claim, property owners must have owned their property when the Measure 49 law took effect and established a Measure 37 claim prior to that. Eligible claims typically involve those who suffered a reduction in buildable area or potential development due to changes in land use policies.

It's important to note that claims filed under Measure 49 must differ from those under Measure 37. While Measure 37 allowed broader rights to develop, Measure 49 narrows the scope and enables compensation instead of granting outright development rights. In unincorporated Multnomah County, specific requirements may apply, such as adherence to local regulations and comprehensive planning standards.

Steps to file a Measure 49 claim

Filing a Measure 49 claim can seem overwhelming, but taking it step-by-step makes the process manageable. Here's what you need to do:

Pre-application Checklist: Ensure you have all necessary documents ready and familiarize yourself with the requirements of Measure 49.
Gather Required Documentation: Compile property deeds, Measure 37 claim details, and any correspondence related to development restrictions.
Complete the Measure 49 Claim Form: Access the form on pdfFiller, and thoughtfully fill in each section according to instructions provided.
Submit Your Claim: Choose your preferred method of submission — online, by mail, or in person, and ensure you include all required documents.

Interactive tool: Measure 49 claim calculator

Understanding the potential compensation for your Measure 49 claim is simple with the Measure 49 Claim Calculator. This tool can help you estimate compensation based on various factors such as property location, zoning restrictions, and potential development losses.

Using the calculator involves inputting your property details and anticipated development plans. It generates an estimated compensation figure, offering a clearer view of what you might expect if your claim is approved.

Frequently asked questions about the calculator include queries about accuracy and any limitations it may have in predicting actual outcomes. It’s essential to remember that while this tool provides a useful estimate, actual compensation may differ based on comprehensive evaluation by state officials.

After submission: What to expect

After submitting your Measure 49 claim, it's vital to know what to look forward to. Typically, the processing timeline can range from a few months to over a year, depending on the complexity of the claim and the volume of applications being reviewed by the state.

During this period, you may be required to follow up on your claim's status, ensuring all documentation is complete and any additional requests from officials are promptly addressed. Keeping communication lines open increases your chances of a timely resolution.

Understanding the compensation process

Compensation under Measure 49 can take various forms, including monetary payments for the reduced development rights or opportunities to transfer development credits to more suitable projects. The involvement of a Conservation Ombudsman can help clarify the compensation process and what options are available based on your unique circumstances.

Key factors influencing compensation amounts include the property's appraised value, the extent of development loss, and the goals of the state's land use policies. Additionally, any planned versus approved developments will be scrutinized to determine fair compensation.

Special cases and additional information

Certain special cases such as the Transfer of Development Credits (TDC) Program can provide unique avenues for maximizing value from your Measure 49 claim. This program allows property owners to transfer their development rights to other areas designated for higher-density housing, benefitting both the property owner and the community.

Using a Measure 49 Home Site Authorization can also facilitate residential development compensating owners who wish to build for personal use or sale. Case studies of successful claims illustrate how effectively navigating the Measure 49 process can lead to satisfactory outcomes.

Support and contact information

For guidance during the Measure 49 claim process, reaching out to the Compensation and Conservation Ombudsman is highly recommended. This resource can provide clarification on details and assist in navigating complex regulations.

Key resources include official Oregon governmental websites, legal assistance hotlines, and community land use organizations. Important links often lead to critical forms, updated guidelines, and direct lines to FAQs regarding Measure 49 claims.

FAQs about Measure 49 claims

Common questions arise regarding eligibility for Measure 49 claims, including the legal timeframe available for filing claims and acceptable types of documentation. Issues surrounding claim processing delays and what to do if a claim is rejected are frequently discussed among applicants.

Understanding troubleshooting tips for filing, such as ensuring that all documentation meets state standards and using the correct forms, can expedite the approval process. Clarifications on specific case studies can provide insight into potential pitfalls and successful strategies.

Conclusion

Navigating the Measure 49 claim process requires thorough understanding and preparation to ensure a successful submission. By utilizing resources like pdfFiller, users can effectively manage their Measure 49 claim forms, making document creation and collaboration seamless. Engage with the tools provided to streamline your document handling and stay proactive during the claim process.

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Measure 49 claims are for landowners seeking compensation for loss of property rights due to Measure 37, which allowed for compensation for regulations limiting the use of private property.
Property owners who believe they have suffered a reduction in the value of their property due to land use regulations enacted since Measure 37.
The claim can be filled out by obtaining the appropriate forms from the local government or the Oregon Department of Land Conservation and Development, providing necessary documentation and evidence of the claim.
The purpose is to provide a mechanism for property owners to seek compensation for reduced property values and lost property rights due to certain land use restrictions.
Claimants must report property details, the nature of the restrictions, how the property value has been affected, and any supporting evidence or documentation related to the claim.
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