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HO Decision (532)
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HO Decision (532)
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Last modified
5/23/2022 11:15:41 AM
Creation date
10/30/2024 4:11:58 PM
Metadata
Fields
Template:
Land Use
Case_Number
21-038
Document_Date
5/13/2021
Land Use Type
Administrative Review
Tax_Lot_Number
061W35D001600
Document_Type
Decision
Site_Address
14300 BLOCK OF EVANS VALLEY RD NE
Additional Info
061W35D001400
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• <br /> • <br /> An authorization to partition or subdivide the property, or to <br /> establish dwellings on the property, granted under section 6, 7 <br /> or 9 of this 2007 Act runs with the property and may be either <br /> transferred with the property or encumbered by another <br /> person without affecting the authorization. There is no time <br /> limit on when an authorization granted under section 6, 7 or 9 <br /> of this 2007 Act must be carried out, except that once the <br /> owner who obtained the authorization conveys the property to <br /> a person other than the owner's spouse or the trustee of a <br /> revocable trust in which the owner is the settlor, the <br /> subsequent owner of the property must create the lots or <br /> parcels and establish the dwellings authorized by a waiver <br /> under section 6, 7 or 9 of this 2007 Act within 10 years of <br /> the conveyance. <br /> Additionally, Measure 49 addresses the event of an individual claimant's death: <br /> "(9) If a claimant is an individual, the entitlement to prosecute <br /> the claim under section 6, 7 or 9 of this 2007 Act and an <br /> authorization to use the property provided by a waiver under <br /> section 6, 7 or 9 of this 2007 Act: <br /> (a) Is not affected by the death of the claimant if the death <br /> occurs on or after the effective date of this 2007 Act; and <br /> (b) Passes to the person that acquires the property by devise <br /> or by operation of law." Or. Laws 2007, ch. 424, § 11(9). <br /> The Applicant suggests that there is more than one plausible interpretation of the <br /> phrases: "the owner who obtained the authorization conveys to a person other than <br /> the owner's spouse or the trustee of a revocable trust in which the owner is the <br /> settlor" and "the subsequent owner." <br /> DLCD suggests that the "owner" who obtained authorization is limited to the trustee <br /> of the Norman L. Dodds and Mary Ruhl Dodds Family Trust and that the <br /> conveyance from the Trustee to the beneficiaries was the conveyance that initiated <br /> the ten-year development clock. DLCD's' interpretation is consistent with the <br /> notation on the corrected deed (corrected deed of June 14, 2010 deed) that states: <br /> "it is believed that this transfer from Granter to Grantee will trigger that ten-year time <br /> period and the Final Order will expire if the Final Order home site approval is not <br /> utilized by the Grantee." Applicant argues that the DLCD's interpretation <br /> unreasonably limits and contradicts the text of Measure 49. <br /> Applicant urges the hearings officer to consider statutory interpretation requires <br /> analyzing the text in context as well as any legislative history and canons of <br /> 12 <br /> Case No. AR 21-038 — ORDER <br /> Fogarty <br />
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