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Measure 49 claims process

Learn about Metro's Measure 49 claims process.

Owners of property located within Metro's urban growth boundary who believe that the value of their property has been reduced as a result of enactment or enforcement of one or more land use regulations issued by Metro may file a claim with Metro under Measure 49 seeking compensation for the reduction in land value and/or a waiver of the land use regulation(s).

The claims process outlined on this page is a general summary of the claims process that is more fully described in Metro Code chapter 2.21 (Adobe Acrobat document, 23K). Please refer to the full code language for complete details of Metro's Measure 49 claims process.

Filing claims

Claims must be submitted in writing to Metro's Chief Operating Officer. At the time a property owner files a Measure 49 claim with Metro, that owner must simultaneously file with Metro all claims against Metro under Measure 49 that involve that particular property.

Property owners who filed Measure 37 claims with Metro on or before June 28, 2007, and whose claims the Metro Council did not take action on prior Jan. 1, 2008, may file amended claims with the COO not later than June 13, 2008. In order to qualify for compensation or a waiver of land use regulations, an amended Measure 37 claim must demonstrate the following criteria:

1. The claimant is an owner of the property;
2. All owners of the property have consented in writing to the filing of the claim;
3. The property is located, in whole or in part, within the Metro UGB;
4. On the claimant's acquisition date, the claimant lawfully was permitted to establish at least the number of dwellings on the property that are authorized under Ballot Measure 49;
5. The property is zoned for residential use;
6. A land use regulation prohibits the establishment of a single-family dwelling;
7. The establishment of a single-family dwelling is not prohibited by a land use regulation described in ORS 195.305(3);
8. The land use regulation described in number (6) above was enacted after the date the property, or any portion of it, was brought into the Metro UGB;
9. The land use regulation described in number (6) above was enacted after the date the property, or any portion of it, was included within the jurisdictional boundary of Metro;
10. The enactment of the land use regulation caused a reduction in the fair market value of the property; and
11. The highest and best use of the property was residential use at the time the land use regulation was enacted.

The submission of an amended Measure 37 claim must, at a minimum, include the following information:

1. The name, street address and telephone number of the claimant and all other persons and entities with an interest in the property;
2. A title report issued no more than 30 days prior to submission of the claim that shows the claimant's current real property interest in the property, the deed registry of the instrument by which the claimant acquired the property, the location and street address and township, range, section and tax lot number(s) of the property, and the date on which the owner acquired the property interest;
3. A written statement signed by all owners of the property, or any interest in the property, consenting to the filing of the claim;
4. A reference to any and all specific, existing land use regulations the claimant believes reduced the value of the property and a description of the manner in which the regulation restricts the use of the property;
5. A copy of the city or county land use regulations that applied to the property at the time the challenged land use regulations became applicable to, or were enforced against, the property;
6. An appraisal showing the fair market value of the property one year before the enactment of the land use regulation and one year after enactment, and expressly determining the highest and best use of the property at the time the land use regulation was enacted;
7. A description of the claimant's proposed use of the property if the Metro Council chooses to waive a land use regulation instead of paying compensation;
8. If the property is or has been enrolled in one or more of the special assessment programs listed in Metro Code Section 2.21.020(e), information regarding taxes not paid as a result of the program or programs; and
9. A statement whether the claimant filed a claim with other public entities on or before June 28, 2007, involving the same property and a copy of any decision made by the entity on the claim.

A person may file a new Measure 49 claim with Metro after June 28, 2007. In order to qualify for compensation or a waiver of land use regulations, the claim must meet the following criteria:

1. The claimant is an owner of the property and all owners of the property have consented in writing to filing of the claim;
2. The claimant's desired use of the property is a residential use;
3. The claimant's desired use of the property is restricted by a land use regulation enacted after Jan. 1, 2007;
4. The enactment of the land use regulation has reduced the fair market value of the property; and
5. The highest and best use of the property was residential use at the time the land use regulation was enacted.

A person filing a Measure 49 claim with Metro after June 28, 2007, must include the following information:

1. The name, street address and telephone number of the claimant and all other owners of the property;
2. A title report issued no more than 30 days prior to submission of the claim that shows the claimant's current real property interest in the property; the deed registry of the instrument by which the claimant acquired the property; the location and street address and township, range, section and tax lot number(s) of the property; the date on which the owner acquired the property interest; and any exceptions and encumbrances to title;
3. A written statement signed by all owners of the property consenting to the filing of the claim;
4. A citation to the land use regulation the claimant believes is restricting the claimant's desired use that is adequate to allow Metro to identify the specific land use regulation that is the basis for the claim;
5. A description of the specific use of the property that the claimant desires to carry out, but cannot because of the land use regulations;
6. An appraisal showing the fair market value of the property one year before the enactment of the land use regulation and one year after enactment, and expressly determining the highest and best use of the property at the time the land use regulation was enacted;
7. If the property is or has been enrolled in one or more of the special assessment programs listed in Metro Code Section 2.21.020(e), information regarding taxes not paid as a result of the program or programs; and
8. A statement whether the claimant filed a claim with other public entities on or before June 28, 2007, involving the same property and a copy of any decision made by the entity on the claim.

A person filing a Measure 49 claim with Metro must file the claim within five years after the land use regulation was enacted.

Review of claims

The COO will review the claim to ensure that it provides this information. If the COO determines that the claim is incomplete, the claimant will be notified in writing within 60 days after the filing of the claim (15 business days for amended Measure 37 claims). If the COO does not notify the property owner of an incomplete claim within 60 days (15 business days for amended Measure 37 claims), the claim shall be considered complete on the date it was filed with the COO.

Complete claims will receive a preliminary review to determine whether the claim satisfies all of the following prerequisites for full evaluation:

1. The property lies within Metro's jurisdictional boundary;
2. The land use regulation that is the basis for the claim is a provision of a functional plan or was adopted by a city or county to comply with a functional plan; and
3. The claimant acquired an interest in the property before the effective date of the land use regulation and has continued to have an interest in the property since the effective date.

If the claim fails to satisfy one or more of these prerequisites, the COO will prepare a report to the Metro Council recommending dismissal of the claim.

If the claim satisfies all three prerequisites, the COO will further review the claim to determine whether it meets the five criteria listed above:

1. The claimant is an owner of the property and all owners of the property have consented in writing to filing of the claim;
2. The claimant's desired use of the property is a residential use;
3. The claimant's desired use of the property is restricted by a land use regulation enacted after Jan. 1, 2007;
4. The enactment of the land use regulation has reduced the fair market value of the property; and
5. The highest and best use of the property was residential use at the time the land use regulation was enacted.

The COO may commission an appraisal or direct other research in order to determine whether a claim meets the requirements of Ballot Measure 49 and to inform a recommendation to the Metro Council in its decision-making.

COO report

The COO will then prepare a written report for the Metro Council, which would be available through this website, with his or her determinations and the reasoning to support those determinations. The report will include a recommendation to the Metro Council on the validity of the claim and, if valid, whether the Metro Council should compensate the claimant or waive the regulation. If either compensation or waiver is recommended, the report would recommend any conditions that should be placed upon the compensation or waiver to ensure compliance with Measure 49 while achieving the purposes of the Regional Framework Plan. If the COO recommends waiver, the report shall recommend the specific number of single-family dwellings Metro should authorize to offset the reduction in fair market value of the property.

In addition to posting the COO's report on this website, copies of the report will be provided to the members of the Metro Council, the claimant, the city or county with land use responsibility for the property, and any other persons who request a copy. The Oregon Department of Administrative Services may also receive a copy.

Metro Council hearings on claims

A public hearing by the Metro Council must take place before any action is taken on a Measure 49 claim. The COO must schedule a hearing within 180 days of the filing of a completed claim.

Notification of the date, time and location of the public hearing must be made at least 30 days in advance to the claimant and owners of the subject property, owners and occupants of property located within 100 feet of the subject property, the local government that has land use planning responsibility for the affected property, the Oregon Department of Land Conservation and Development, and any other individuals who request notification. The notice shall indicate that:

1. A copy of the COO's recommendation is available upon request;
2. Judicial review of Metro's final determination is limited to the written evidence and arguments submitted to Metro prior to or at the public hearing; and
3. Judicial review is available only for issues that are raised with sufficient specificity to afford Metro an opportunity to respond in its final determination.

After the close of the public hearing the Metro Council shall makes its final determination on the claim and enter an order with findings of fact and conclusions of law, based upon the record made before Metro, that explain the determination. The COO shall mail a copy of the final determination to the claimant, the county in which the subject property lies and any person who submitted written or oral testimony prior to the close of the public hearing.

Claims must be submitted to:

Office of the Chief Operating Officer
Metro
600 NE Grand Avenue
Portland, OR 97232-2736

Need assistance?

Ted Reid
503-797-1768 | 503-797-1930 fax
ted.reid@oregonmetro.gov