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Marion County Ordinance 1209, Section 8.1(d) is not satisfied. (e) The application for compensation was timely filed. Under the provisions of Measure 37 applicants have two years from the date of a denial or the effective date of the Measure to file a claim. The claim was timely filed on November 7, 2006. Marion County Ordinance 1209, Section 8.1 (e) is satisfied. (f) The applicant is the current owner. Marion County deed records (Reel 25; Page 1382) indicate that James and Sandra Reed acquired title to the property on September 4, 1975, when it was deeded to them by Frances Kremer. The applicants are the current owners and have had a continuous ownership interest in the property since September 4, 1975. Marion County Ordinance 1209, Section 8.1(f) is satisfied. (g) The County is the entity responsible for payment, not some other agency that enacted the challenged regulation. The property is outside any city limits and regulated by the Marion County Rural Zoning Ordinance. The denial in the zoning verification letter was based on the use being inconsistent with the goals of the Marion County Comprehensive Plan and the intent of the EFU zone. As these regulations were enacted by Marion County the County is the responsible entity. Marion County Ordinance 1209, Section 8.1(g) is satisfied. CONCLUSION 12. The Planning Division has concluded that the applicant’s claim may be able to meet all of the necessary criteria if evidence is submitted on the exact amount of diminution in value attributed to Marion County land use regulations. For compensation purposes ownership dates back to September 4, 1975, when the property was zoned RA and the proposed use was permitted. 13. Under Section 10.3(b) of Ordinance 1209 if the claim is approved, in lieu of payment, the Marion County Board of Commissioners may remove, modify, or not apply the regulation. If the Board chooses to waive regulations the waiver date is also September 4, 1975. In order to establish a dwelling on the property under the current EFU zone the Board would have to waive the following regulations: MCRZO sections 136.010, 136.030 (a), 136.050 (a) (except 136.070), 136.060 (a) and (b), 136.090 (a) and (b) except (b) (4), 172.36 and MCCP Agricultural Lands Policies 2, 3, 4, 5, and 9. 14. The EFU zone is regulated by Oregon Revised Statute 215.283 and Oregon Administrative Rule 660-033. The applicants are advised that a waiver from the State of Oregon for the same use is also required before the use can be allowed.