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S i ORS 215.293 requires the landowner to file a declaratory statement preventing the landowner or future landowners from pursuing a claim for relief or cause of action for which no claim or action is allowed under ORS 30.936 or 30.937. This criterion could be met as a condition of approval if the application is approved. 17. The Claimant's qualification for one home site is subject to the following term: 11. If an owner of the property is authorized by other home site authorizations to subdivide partition, or establish dwellings on other Measure 37 claim properties, Measure 49 authorizes the owner to cluster some or all of the authorized lots, parcels, or dwellings that would otherwise be located on land in an exclusive farm use zone, a forest zone or a mixed farm and forest zone on a single Measure 37 claim property that is zoned residential use or is located in an exclusive farm use zone, a forest zone or a mixed farm and forest zone but is less suitable for farm or forest use than the other Measure 37 claim properties. Claimant Mary Dodds has no other Measure 37/49 claim properties. This criterion is met. 18. The Claimant's qualification for one home site is subject to the following term: 12. If the claimant transferred ownership interest in the Measure 37 claim property prior to the date of this order, this order is rendered invalid and authorizes no home site approvals. Provided this order is valid when issued, a home site approval authorized under this order runs with the property and transfers with the property. A home site approval will not expire except that if a claimant who received this home site authorization later conveys the property to a party other than the claimant's spouse or the trustee of a revocable trust in which the claimant is the settlor, the subsequent owner of the property must establish the authorized dwellings within 10 years of the conveyance. A dwelling lawfully created based on a home site approval is a permitted use. Mary Ruhl Dodds was the original claimant who qualified for the Measure 49 waiver. Mary Ruhl Dodds passed away on October 12, 2008. The footnote in Claim E133582 notes that under Measure 49, if a claimant dies on or after December 6, 2007, entitlement to prosecute the claim passes to the person who acquires the claim property by devise or by operation of law. During the Measure 37/49 claim process, the Norman L. Dodds and Mary Ruhl Dodds Family Trust held the subject property. Upon her passing, the property was transferred to West Coast Trust formerly known as The Commercial Bank, who was trustee of the Norman L. Dodds and Mary Ruhl Dodds Family Trust. West Coast Trust transferred the property to Gretchen L. Rhyne and Justine C. Fogarty on June 10, 2010 (Reel 3184, Page 336) and issued a corrected deed on August 17, 10 Case No. AR 21-038 — ORDER Fogarty