Skip to main content

Land Use

All Articles

Bend Continues to Plan for Affordable Housing through a Unique Urban Growth Boundary Amendment
On September 1, 2021, the Bend City Council adopted a resolution that will help move forward an innovative affordable housing pilot program. A lack of affordable housing has been a problem in many Oregon communities for years, and numerous state and...
Continue Reading >
Right of Access to Public Roads: A Primer
A property owner’s right of access to an abutting public road is one of the more legally arcane sticks in the so-called “bundle of sticks” that constitute property rights. Known as a “common-law right of access,” the legal framework has developed via...
Continue Reading >
Will a New Restriction on the Size of Homes Qualify for Measure 49 Relief? The Oregon Court of Appeals Says No.
On December 30, 2020, the Oregon Court of Appeals released its first decision interpreting statutory provisions governing prospective Measure 49 claims. The question in Moore v. City of Eugene, 308 Or App 318 (2020) is whether a residential dwelling...
Continue Reading >
COVID-19 and the Oregon Land Use Process
As with most things, COVID-19 has disrupted the land use permitting process in Oregon, causing questions and sometimes chaos for applicants and local governments who are in the middle of such processes. At this time, most local government offices in...
Continue Reading >
Oregon Court of Appeals Gives a Boost to the State’s Provision of New Housing
On March 20, 2019, the Oregon Court of Appeals affirmed the Land Use Board of Appeals (“LUBA”) in a decision interpreting ORS 197.307(4), which is the “clear and objective” requirement of the ORS 197.295-.314 needed housing statutes. Warren v. Washin...
Continue Reading >
State of Oregon Loses Statutory Recreational Immunity Defense Under New Court of Appeals Decisions
ORS 105.682 provides immunity from contract or tort claims to landowners who permit the public the use of their lands for recreational purposes. Under that statutory provision, a recreational user or the estate of such a user cannot sue the land...
Continue Reading >

Blog Information