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Posts from November 2010.

image courtesy of bankforclosure.comIn 2009, the Oregon legislature enacted a temporary change in the laws governing home foreclosures in order to address the current economic market and to provide homeowners with an opportunity to modify their loans to avoid foreclosures.  The new law requires that lenders inform homeowners of their right to request a loan modification and to process a loan modification request by the borrower in good faith and in a timely manner.  If a loan modification is submitted by the homeowner by the required deadline, the pending foreclosure sale cannot be completed until the lender responds to the request. 

In October,  Oregon State University sent out a press release to highlight the work of some of its academics.  If the point of the release was to draw attention to the work of these academics, it succeeded, but perhaps at the cost of accuracy.

We may be forgiven for not noticing a report issued in the dog days of August from Portland Metro’s Chief Operations Officer, Michael Jordan, recommending the addition of  2,658 acres to the Portland Metropolitan Urban Growth Boundary (“UGB”).  This compares to about 18, 700 acres added in 2002 and about 2,300 acres added in 2004-05.  However, the recommended changes this year are significant and controversial.

Industrial developers already struggling in the recession, specifically the now nearly defunct Opus Northwest, LLC, were dealt another blow in September 2010 by the Court of Appeals in 1000 Friends of Oregon v. Land Conservation and Development Commission (“LCDC”), a decision which not only stated the obvious about findings, but came at the end of a very lengthy process. 

With the recession, the Gulf Oil Spill and overseas wars, and battle raging over the future of urban growth in the Metro area, Oregonians may be forgiven for not bringing to mind a previous crisis and the resolution of that crisis chosen by voters after much debate.  In 2004, voters passed Measure 37 to provide “just compensation” for property owners who claimed their balance sheets were reduced by state or local land use regulations.  The remedy under the Measure was either payment for that “lost value” or (as was overwhelmingly the case) a waiver of those regulations that had been enacted since the current owner acquired the property.  Over 6,850 Measure 37 claims, affecting over 750,000 acres of land were filed. 

Ed Sullivan and Jennifer Bragar are pleased to announce that a comprehensive law review article entitled, “The Augean Stables:  Measure 49 and the Herculean Task of Correcting an Improvident Initiative Measure in Oregon” has now been published by the Willamette Law Review, Vol. 46, Number 3, p. 577, Spring 2010.

Tags: M49

One of the most comprehensive reviews of farmland protection in Oregon is now published, written by Edward J. Sullivan, head of the Land Use and Real Estate Practice at Garvey Schubert Barer, and Ronald A. Eber, known most recently for serving as an Agricultural Lands policy specialist for the Oregon Department of Land Conservation and Development from 1976 to 2008.  Entitled, “The Long and Winding Road:  Farmland Protection in Oregon 1961-2009,” the law review article has been published by the San Joaquin Agricultural Law Review, Vol. 18, No. 1, 2008-2009 and is available to read at the included link.

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