Cloverdale Measure 37 claim rejected by LCDC

A Cloverdale couple’s Measure 37 claim has been rejected by the Land Conservation and Development Commission (LCDC) after having been granted an earlier waiver by Deschutes County commissioners.

That decision was announced last week by LCDC.

The state ruled that E. J. and Gertrude Leason are not eligible for a waiver because they transferred ownership of the property in 1995 from their names to a corporation, Pine Ridge Ranch. The Leasons have stated that this transfer was made for estate planning purposes.

The state’s ruling stated that waivers may be granted to “the present owner of the property, or any interest therein.” Because the state claims that ownership of the property changed in 1995, only land use laws passed after that time could be waived.

Most land use laws were passed prior to 1995.

Last January the Leasons filed a $4.5 million claim seeking either compensation for property values lost as a result of actions taken by the county in changing land use ordinances or county approval to develop their land into 400 to 500 homesites and a golf course.

The Leasons acquired their 318-acre farm property in 1971. Deschutes County later zoned the property located on Goodrich Road in the Cloverdale area for exclusive farm use.

The Oregon Department of Land Conservation and Development required land use zoning at that time.

Earlier this year, Deschutes County Commissioners Mike Daly and Tom DeWolf approved the waiver while Commissioner Dennis Luke voted against the action.

Some neighbors of the Leasons had opposed the Measure 37 claim and had an attorney representing their interests in the issue.

The Leasons and their attorney are reviewing the LCDC decision.

Voters approved Measure 37 in last November’s general election.