|
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 />
|