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(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 13, 2006. Marion County Ordinance 1209, Section 8.1 (e) is satisfied. (f) The applicant is the current owner. Marion County deed records (Reel 2179; Page 372) indicate that the current owner of the property is the West Coast Trust Company, Inc., as Trustee of the Survivor’s Trust dated April 17, 1998 in which J. Ray Daniels and Mary Lou Daniels were Trustors. J. Ray and Mary Lou Daniels acquired an ownership interest in tax lot 1100 on December 7, 1959 and on September 17, 1962 for tax lot 200. It appears that Mr. and Mrs. Daniels entered into the Trust Agreement for the property on August 18, 1988 that was restated on April 17, 1998. However, neither West Coast Trust Co. nor Mary Lou Daniels are applicants. Because the Trust was modified several times into different types of trusts, such as Survivor’s Trust and Credit Shelter Trust, staff will not determine the continuous ownership of the property but refer this case to the Marion County Hearings Officer for further legal review. Marion County Ordinance 1209, Section 8.1(f) may or may not be 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 dated November 3, 2006 was based on the use being inconsistent with the goals of the Marion County Comprehensive Plan and the intent of the SA 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 10. The Planning Division has concluded that the applicant’s claim may be able to meet all of the necessary criteria if the Marion County Hearings Officer determines that J. Ray Daniels is the current owner of the property and maintained continuous ownership from December 7, 1959 for tax lot 1100 and September 17, 1962 for tax lot 200. If so, compensation dates back to these dates when the property was not zoned and the proposed use was not regulated. 11. Under Section 10.3(b) of Ordinance 1209 if the claim is approved, in lieu of payment, the Marion Board County Board of Commissioners may remove, modify, or not apply the regulation. If the claim is approved and the Board chooses to waive regulations, the waiver date is also December 7, 1959 for tax lot 1100 and September 17, 1962 for tax lot 200. In order to subdivide and place a dwellings under the current SA zone, the Board would have to waive the following regulations: MCRZO sections 137.010, 137.030 (a), 137.050 (a) except 137.070, 137.060 (a) and (b), 137.090 (a) and (b) except (b) (4), 172.36 and MCCP Agricultural Lands Policies 2, 3, 4, 5, and 9.