Oregon daily emerald. (Eugene, Or.) 1920-2012, January 06, 1983, Page 3, Image 3

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    Solons eye land planning
aALEM (AP) — Legislative
leaders say it’s likely land use
planning procedures will be
overhauled during the 1983
session to make the system fas
ter and more efficient.
"There's a high degree of
agreement among members"
that the system must be stream
lined, says House Speaker-elect
Grattan Kerans, D-Eugene.
Sen. Frank Roberts, D-Port
land, says land use decisions
cannot continue to be delayed
endlessly by appeals and legal
maneuvers.
Kerans says it's likely that
most recommendations made
by the governor's task force on
land use will be adopted by the
Legislature.
The bipartisan panel met last
summer and forwarded its
report to the governor in Sep
tember
Task force members said they
heard varying opinions on
Oregon’s statewide land use
planning system, the first of its
kind in the nation
John Elorriaga, chairman of
U S Bancorp, told the task
force, "The barriers to econ
omic growth must fall The sin
gle most-mentioned barrier is
Oregon's permit and land use
process Endless public hear
ings, often brought on at the
request of a single disgruntled
individual, can add years to an
already difficult procedure."
On the other hand, John
Gray, chairman of Omark In
dustries, said in the September
issue of Oregon Business
Magazine, "I personally believe
that the great criticism of the
land use planning system is be
ing used (to make the Land
Conservation and Development
Commission) a scapegoat."
One of the task force's key
recommendations was to allow
the Land Use Board of Appeals
to expire automatically on June
30, 1983
In place of the board, the task
force recommended the Legis
lature create a new Land Use
Court that would have exclusive
jurisdiction to review all appeals
of both legislative and quasi
judicial land use decisions
made at the state and local
level.
The court would be given the
authority to order either the
state Department of Land Con
servation and Development or
local systems to approve or
reject an application Presently,
LUBA can only reverse a denial
“and wish good luck to the
appellant who decides to try
again," the task force wrote the
governor
The task force suggested
shifting the burden of proof in
appeals to the person who is
contesting the decision It
would not be unreasonable to
require an appeals bond to be
posted or to grant court costs
and legal fees to the prevailing
party in land use cases, the
report said
The Land Use Court's deci
sions, if appealed, should go
directly to the state Supreme
Court, bypassing the Court of
Appeals, the group said
The Supreme Court could
decide whether or not to accept
an appeal Decisions of the
Land Use Court would establish
binding precedents for future
disputes
"The task force repeatedly
heard suggestions that standing
in the appeals process should
be limited," said the panel's
final report "Many methods to
limit standing seemed to create
more problems than solutions
The task force believes a better
remedy is to shorten the ap
peals process so that proposed
changes will not be killed simply
by delays."
The panel said land use ap
plications should receive final
action by local officials within
120 days
"This period should include
any appeals to the local juris
diction unless the applicant
requests a postponement." the
task force said The state should
supply technical assistance to
cities and counties to help them
comply with the 120-day dead
line
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JANUARY 15,1983
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