ORS 195.305 Compensation For Restriction of Use of Real Property Due to Land Use Regulation

• Library: Oregon Statutes
• Edition: 2023
• Currency: Current through legislation effective January 1, 2024
• Year: 2023
• Citation: ORS 195.305

(1) If a public entity enacts one or more land use regulations that restrict the residential use of private real property or a farming or forest practice and that reduce the fair market value of the property, then the owner of the property shall be entitled to just compensation from the public entity that enacted the land use regulation or regulations as provided in ORS 195.310 to 195.314.

(2) Just compensation under ORS 195.310 to 195.314 shall be based on the reduction in the fair market value of the property resulting from the land use regulation.

(3) Subsection (1) of this section shall not apply to land use regulations that were enacted prior to the claimant's acquisition date or to land use regulations:

(a) That restrict or prohibit activities commonly and historically recognized as public nuisances under common law;

(b) That restrict or prohibit activities for the protection of public health and safety;

(c) To the extent the land use regulations are required to comply with federal law;

(d) That restrict or prohibit the use of a property for the purpose of selling pornography or performing nude dancing;

(e) That plan and rezone land to an industrial zoning classification for inclusion within an urban growth boundary; or

(f) That plan and rezone land within an urban growth boundary to an industrial zoning classification.

(4)

(a) Subsection (3)(a) of this section shall be construed narrowly in favor of granting just compensation under this section. Nothing in subsection (3) of this section is intended to affect or alter rights provided by the Oregon or United States Constitution.

(b) Subsection (3)(b) of this section does not apply to any farming or forest practice regulation that is enacted after January 1, 2007, unless the primary purpose of the regulation is the protection of human health and safety.