Sisters residents file Measure 37 claim

A Sisters area couple has filed Deschutes County's first claim under voter-approved Ballot Measure 37 seeking either approval to build a dwelling on their Cloverdale Road property east of Sisters or to be compensated in the amount of $383,000 for the loss of their property value.

Eugene and Barbara Prete's claim was presented to Deschutes County commissioners last Thursday, December 2.

In a letter to the commissioners, Prete's attorney Ross Day stated that their loss came as a result of actions taken by the county in changing land use ordinances as required by Oregon Department of Land Conservation and Development.

The Prete's claim was one of three received last week by the county.

The Pretes purchased the 20-acre property at 67955 Cloverdale Road in 1990, looking ahead to Prete's retirement in 1999. Their plans were to build their retirement home there and to raise horses. Prete retired and the couple moved to Oregon in 2000. At that time, they discovered that Oregon law and county ordinances had changed in 1993, preventing a dwelling from being constructed on their property.

Only their horses could live on their property.

"We aren't interested in getting a check from Deschutes County," the Pretes said. "We just want the rights taken from us restored. We just want to build our home."

In denying a building permit for a dwelling, the county stated that approval of the Prete's building would lead to approval of additional dwellings in the area and "destabilize" the agricultural use of some of the county's most productive farmland.

The Prete's attorney, Day, is Director of Legal Affairs for the Tigard-based Oregonians in Action (OIA). The non-profit lobbying organization was a major supporter of Ballot Measure 37. The OIA Legal Center, a separate corporation, provides legal services without charge in test-case litigation involving land use and property rights.

Whether the Prete's claim is valid or not remains to be seen.

"There has been no determination on the validity of the claim," said Tom Anderson, interim director of community development for the county. "That decision is part of the process. The claim will be reviewed with the county commissioners as we go through the process. In addition, the state legislature may weigh in on this issue next month which could affect the outcome. I think most other jurisdictions will be following this same procedure."

Under provisions of Ballot Measure 37 passed this fall by Oregon voters, Deschutes County has 180 days to make a decision on the Prete's claim. If Deschutes County fails to take action on the claim, the Pretes could then bring civil action against Deschutes County in Deschutes County Circuit Court.

In filing their claim, the Pretes declined to pay a $500 processing fee required by the county, pointing out that Measure 37 does not require any fee payment for making a claim. County officials indicated they would still process the claim without the fee payment.

"Our legal counsel advised us that if we accepted the fee and the claim later ended up in court, the county could lose the option of allowing the building permit to be issued and paying the claim would be the only option," Anderson explained.

By the end of last week, only one additional claim had been filed in Central Oregon counties and cities. That was in Jefferson County and involved 164 acres of land zoned for farm use. Statewide, only a small number of claims had been presented following last Thursday's opening day for filing claims. Most claims appeared to involve plans to build homes on lands currently zoned as farmland.

Oregon's land use watchdog, 1,000 Friends of Oregon, plans to collect data on claims being made and will publicize cases where they see major impacts on Oregon's landscape.