Oregon Law
Law as of Jan 1, 2024
Chapter contents
195.020Special district planning responsibilities; agreements with local governments and metropolitan service district 195.025Regional coordination of planning activities; alternatives 195.033Area population forecasts; rules 195.034[2007 c.689 §1; repealed by 2013 c.574 §7] 195.035[Formerly 197.255; repealed by 1995 c.547 §6 (195.036 enacted in lieu of 195.035)] 195.036Metro area population forecast; coordination 195.040Annual county reports on comprehensive planning compliance 195.060Definition of “district.” 195.065Agreements required; contents; county responsibilities 195.070Agreement factors 195.075Agreement provisions and considerations 195.080Application of comprehensive plans and land use regulations 195.085Compliance deadlines 195.110School facility plan for large school districts 195.115Reducing barriers for pedestrian and bicycle access to schools 195.120Rules and planning goal amendments for parks required; allowable uses; application of certain land use laws 195.125Existing uses in state parks; approval by local governments 195.137[2007 c.723 §1; renumbered 197A.230 in 2023] 195.139[2007 c.723 §2; renumbered 197A.232 in 2023] 195.141[2007 c.723 §3; 2023 c.13 §32; renumbered 197A.235 in 2023] 195.143[2007 c.723 §4; 2023 c.13 §74; renumbered 197A.242 in 2023] 195.144[2014 c.92 §3; 2015 c.150 §1; 2019 c.199 §1; 2021 c.184 §1; renumbered 197A.250 in 2023] 195.145[1993 c.804 §19; 1999 c.622 §6; 2007 c.723 §6; 2011 c.150 §1; 2011 c.726 §1; 2023 c.13 §33; 2023 c.326 §18; renumbered 197A.245 in 2023] 195.205Annexation by provider; prerequisites to vote; public hearing 195.210Election procedures 195.215Election certification; order 195.220Annexation plan provisions 195.225Boundary commission review; action; plan amendment; election 195.235Application of other annexation procedures 195.250Definitions for ORS 195.250 to 195.260 195.253Policy 195.256Legislative findings 195.260Duties of local governments, state agencies and landowners in landslide hazard areas 195.263[1999 c.1103 §5; repealed by 2003 c.141 §2] 195.266[1999 c.1103 §6; repealed by 2003 c.141 §2] 195.270[1999 c.1103 §7; repealed by 2003 c.141 §2] 195.275[1999 c.1103 §9; repealed by 2003 c.141 §2] 195.300Definitions for ORS 195.300 to 195.336 195.301Legislative findings 195.305Compensation for restriction of use of real property due to land use regulation 195.308Exception to requirement for compensation 195.310Claim for compensation; calculation of reduction in fair market value; highest and best use of restricted property; status of use authorized 195.312Procedure for processing claims; fees 195.314Notice of claim; evidence and argument; record on review; final determination 195.316Notice of Measure 37 permit 195.318Judicial review 195.320Ombudsman 195.322Duties of ombudsman 195.324Effect of certain applications or petitions on right to relief 195.326Qualification of appraisers; review of appraisals 195.328Acquisition date of claimant 195.330Filing date of documents 195.332Fair market value of property 195.334Effect of invalidity 195.336Compensation and Conservation Fund 195.500Policy for removal of homeless individuals camping on public property 195.505Elements of camp removal policies; unclaimed personal property; notice 195.510Sites not subject to ORS 195.500 to 195.510 195.515City removal of personal property from highway right of way 195.520Camping by individuals living in vehicles 195.530Noncamping use of public property by homeless individuals; attorney fees 195.850Reporting local government boundary changes to certain mass transit districts 195.870Battery-charged fence; preemption of local laws

Chapter 195 — Local Government Planning Coordination

ORS 195.308 Exception to requirement for compensation

Notwithstanding the requirement to pay just compensation for certain land use regulations under ORS 195.305

(1)

, compensation is not due for:

(1)

The enforcement or enactment of a land use regulation established in ORS 30.930 to 30.947, 527.310 to 527.370, 561.995, 569.360 to 569.495, 570.010 to 570.050, 570.105 to 570.190, 570.305, 570.310, 570.320 to 570.360, 570.405, 570.412, 570.420, 570.425, 570.450, 570.700 to 570.710, 570.755, 570.770, 570.775, 570.780, 570.790, 570.800, 570.995, 596.095, 596.100, 596.105, 596.393, 596.990 or 596.995 or in administrative rules or statewide plans implementing these statutes.

(2)

The enforcement, adoption or amendment of a rule adopted or amended by the State Board of Forestry:

(a)

As part of the rule package described in ORS 527.711.

(b)

After the board has considered reports that pertain to the rule from the Adaptive Management Program Committee and the Independent Research and Science Team described in ORS 527.732 and 527.733.

Note: The amendments to 195.308 by section 65,

chapter 33, Oregon Laws 2022, become operative only if certain conditions are met. See sections 54 and 61 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711). 195.308, as amended by section 65, chapter 33, Oregon Laws 2022, is set forth for the user’s convenience.

195.308.

Notwithstanding the requirement to pay just compensation for certain land use regulations under ORS 195.305 (1), compensation is not due for the enforcement or enactment of a land use regulation established in ORS 30.930 to 30.947, 527.310 to 527.370, 561.995, 569.360 to 569.495, 570.010 to 570.050, 570.105 to 570.190, 570.305, 570.310, 570.320 to 570.360, 570.405, 570.412, 570.420, 570.425, 570.450, 570.700 to 570.710, 570.755, 570.770, 570.775, 570.780, 570.790, 570.800, 570.995, 596.095, 596.100, 596.105, 596.393, 596.990 or 596.995 or in

administrative rules or statewide plans implementing these statutes.

Note: 195.308 was enacted into law by the Legislative

Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.