Sean C. Morgan
The Sweet Home area has had three Measure 37 claims filed with Linn County since voters approved the law in November.
Under the new law, property owners can ask for an exemption to land use regulations or force a jurisdiction to pay for the loss of property value created by the regulation. The land in question must have been owned by the claimant or family since before the regulation was created.
Cal Emmert has filed a claim on two properties. Burt Hotchkiss has filed a claim on one property. All three properties are off Upper Calapooia Drive.
?If they follow through, it?s a chance to have the zoning reversed? and return his property to the way it was when he purchased it, Hotchkiss said.
?We just feel that when the property was bought, it was bought a certain way,? Roger Emmert said on behalf of his father, Cal Emmert. ?Rezoning took away the appeal of the property.?
Changing zoning on a property owner after it has been purchased is unfair, Emmert said. Under Measure 37, the Emmerts will be able to use the property for the reason they bought it.
Linn County charges a $100 fee for filing a claim. Planning staff reviews the application and prepares a report. The Board of Commissioners decides whether to enforce the regulation or pay the property owner.
The Hotchkiss property, 25441 Rice Road, is about 44 acres.
?At the time I bought it, it was zoned at a five-acre minimum,? Hotchkiss said in his application. He is asking the county not to enforce the minimum farm-forest zone acreage and dwelling restrictions.
?I want to create six parcels to build homes,? Hotchkiss said. Those sites would be six to eight acres each, allowed under the zoning that was in effect when he purchased the property. He purchased the property in 1974.
Hotchkiss filed his claim on Dec. 3.
Cal Emmert filed two claims on Jan. 28. Each property, tax lots 800 and 811, are located on Upper Calapooia Drive.
Emmert said in his application that he bought lot 800 in May 1973 when it was zoned for five-acre lots. Duane Emmert, his nephew, bought a half interest in the property.
?In 1981, it was rezoned to 40 acres without our knowledge,? Emmert said. ?We purchased it with the intent of selling off different sized lots. We sold one five-acre lot, one 10 acre and one 25-acre before we were made to stop.
?Duane and I divided what was left into one 44-acre piece and one 55-acre piece to try to get two building sites. Duane sold his half back to me, and my brother Marv (Emmert).?
Lot 800 is owned by both. Lot 811 is owned by Cal Emmert.
Under the regulation, lot 800 is worth about $40,000, Emmert said. Without the regulation, the property is worth about $500,000. Lot 811 is worth about $50,000 under its existing zoning. Without the regulation, the property would be worth about $680,000.
Emmert included information showing that five-acre parcels are worth about $80,000 to $90,000 each.
Lot 800 could be divided into eight sites, and 811 could be divided into 11 sites.
A real estate broker provided a letter about values for Emmert?s application. The broker said it is rare to realize the maximum potential of a property. A more likely scenario would be development of 13 to 15 lots and a combined difference of value with and without the regulation of a little more than $1 million.