Sisters couple wins Measure 37 waiver

The Sisters couple whose case launched the Measure 37 campaign to change Oregon’s land-use rules has won their case.

By a vote of 3 to 0, Deschutes County Commissioners passed an order last week allowing Eugene and Barbara Prete to build a one-family dwelling on their 20-acre property east of Sisters at 67955 Cloverdale Road.

At the same time, commissioners approved three other Measure 37 claim waivers and rejected two.

That new law stated that an owner of real property is entitled to receive just compensation when a land use regulation is enacted after the owner or a family member became owner of the property if the regulation restricts the use of the property and reduces its market value.

In lieu of compensation for this loss, the government responsible for the regulation may chose to remove, modify, or not apply the regulation.

Last December after being denied a building permit, the Pretes filed a claim seeking either $383,000 for the loss of their property value or approval to build a dwelling on land they purchased in 1990.

When the Pretes purchased the property, it was zoned Exclusive Farm Use (EFU) allowing a dwelling on the land. Under current regulations, a dwelling would not be allowed.

County staff reviewed the claim and recommended approval by the county commissioners in lieu of paying the claim.

“There are currently no county funds available for payment of compensation,” wrote County Administrator Michael A. Maier in his report to the commissioners. Maier went on to state that the Pretes had met all other requirements of the claim process.

“I’m very happy for the Pretes,” said Tom DeWolf, chair of the commission. “They’ve waited over a decade to be able to apply for a building permit to build their retirement home that they could have built when they purchased the property in 1990. In my opinion, theirs is the classic case that Measure 37 was designed for.”

The Pretes will still have to follow county procedures for permits to develop their property. The Prete claim was one of about 40 filed with Deschutes County since the first of the year with a total claim amount approaching $100 million. Ten of the claims are in the Sisters area. The Legislature is currently reviewing this issue, which could affect the outcome of many claims.