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Nov. - Dec. 2000 Page 7 <br />farmland preservation report <br />Oregon, continued from page 6 <br />Rural land use restrictions could also be hard <br />hit. Downzonings, including the most recent that <br />affected about 89,000 acres and created a two -acre <br />minimum lot size, could trigger Measure 7 claims, <br />the study's authors believe. <br />Measure 7 amends Article I, section 18, of the <br />Oregon Constitution, which provides that "private <br />property shall not be taken for public use ... with- <br />out just compensation..." and state courts have <br />found that government regulations can effect a <br />taking when that regulation deprives the owner of <br />"all economically viable use," following Lucas v. <br />South Carolina Coastal Council, decided by the U.S. <br />Supreme Court in 1992. Now, Measure 7 will <br />require payment when a restriction is determined <br />to reduce fair market value by any amount. <br />While conservationists, notably 1000 Friends of <br />Oregon, vow to seek ways to at least mitigate the <br />effects of Measure 7, any quick solution is unlikely, <br />experts say, because constitutional amendments are <br />difficult to overturn. <br />"If there is a basis, I haven't come up with it <br />yet," said law professor and takings expert Donald <br />Large of the Northwestern School of Law, to The <br />Oregonian. <br />Without a court injunction, environmental and <br />farm and forest lands regulations are likely to <br />suffer, conservationists say, because local govern- <br />ments will be unable to withstand large compensa- <br />tion costs, and so may stop enforcing affected laws. <br />According to Art Schlack, policy manager for <br />the Association of Oregon Counties, city and <br />county attorneys are scrambling "to reach some <br />consensus as to what to advise" local government <br />on how to implement the new law, such as what <br />technical criteria should be required for claims. <br />Oregon joins at least four other states that <br />enacted compensatory takings laws in the last 10 <br />years, but that require a certain level of compensa- <br />tion. Texas, for example, requires compensation <br />only when the cited regulation diminishes value by <br />25 percent or more. Mississippi passed a law with a <br />40 percent kick -in, applying to farm and forest <br />lands. A Florida law is more open- ended, requiring <br />compensation when a law "inordinately burdens" a <br />use. Many other states have laws requiring that <br />proposed laws be assessed for their impact on <br />property rights before enactment. <br />Oregon's attorney general will issue an opinion <br />on Measure 7's impact before the law takes effect <br />Dec. 7. <br />Contact: Mitch Rohse, 503 559 -6558 or <br />mitchrohse @home.com.; Art Schlack, 503 585 -8351. <br />L essional resources ... <br />Job Postings <br />Assistant Farmland Preservation Program Coordinator, Burling- <br />ton County, (NJ) - An enthusiastic self - starter needed for successful <br />and innovative Farmland Preservation Program. Responsibilities <br />include support to the easement purchase program; interfacing with <br />the state farmland preservation program; public outreach; and <br />information management. The qualified applicant will possess <br />excellent written, organizational, and interpersonal communication <br />skills and will have strong computer skills. Candidate should be able to <br />manage multiple priorities, work interactively with a small staff, and <br />speak publicly. A degree in agriculture, environmental science, <br />planning, or a related field is required. County residency will be <br />required. Valid New Jersey driver's license required. Send resume to: <br />Susan E. Craft, Coordinator Office of Land Use Planning, Burlington <br />County Office of Land Use Planning, P.O. Box 6000, Mount Holly, NJ <br />08060. Email resume to CMurphy @co.burlington.nj.us <br />SCraft @co.burlington.nj.us or fax (856) 642 -3860. <br />Resource Conservation Coordinator, Burlington County, (NJ) - <br />Enthusiastic self- starter needed for a land and resources conservation <br />position in the county's Office of Land Use Planning. The two primary <br />areas of responsibility include coordinating the county's growing Open <br />Space and Parkland Acquisition Program and facilitating the County's <br />Watershed Management Area (WMA) Planning process within the <br />Rancocas Creek watershed. Responsible for all aspects of land <br />acquisition including interface with county's Open Space Advisory <br />Committee and coordination with municipal officials, landowners, <br />consultants and the State Green Acres program. Collaborate with the <br />Parks Department in the development of county park plans. Must be <br />energetic and capable of managing multiple priorities and responsibili- <br />ties. Bachelor's degree in landscape architecture, environmental <br />planning, land use management, forestry, or a related field, and at <br />least five years professional experience. Position available immedi- <br />ately. Salary commensurate with experience. Residency in Burlington <br />please continue to page 8 <br />