Land use in Oregon
Encyclopedia
Land use in Oregon are the evolving laws affecting land ownership and its restrictions in the U.S. state
of Oregon.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Oregon.
Timeline
- 1822: Henry Schenck TannerHenry Schenck TannerHenry Schenck Tanner , was an American cartographer, born in New York.He produced A Geographical and Statistical Account of the Epidemic Cholera from its Commencement in India to its Entrance into the United States in 1832 in response to the worldwide cholera epidemic of 1817.Tanner wished to...
's map of the U.S. is likely the first to identify the "Oregon Terry." - 1850: Donation Land Act
- 1851: Willamette StoneWillamette StoneThe Willamette Stone was a small stone obelisk originally located in the western hills of Portland, Oregon in the United States. It marked the intersection and origin of the Willamette Meridian and Willamette Baseline, which defined the grid system of sections and townships from which all real...
sited, became the basis for property lines throughout Oregon and Washington. - 1862: Homestead ActHomestead ActA homestead act is one of three United States federal laws that gave an applicant freehold title to an area called a "homestead" – typically 160 acres of undeveloped federal land west of the Mississippi River....
(in effect till 1976, and 1986 in Alaska) - October 27, 1868: Corvallis College (now Oregon State UniversityOregon State UniversityOregon State University is a coeducational, public research university located in Corvallis, Oregon, United States. The university offers undergraduate, graduate and doctoral degrees and a multitude of research opportunities. There are more than 200 academic degree programs offered through the...
) was designated Oregon's first and only Land Grant College under the federal Morrill Land-Grant Colleges ActMorrill Land-Grant Colleges ActThe Morrill Land-Grant Acts are United States statutes that allowed for the creation of land-grant colleges, including the Morrill Act of 1862 and the Morrill Act of 1890 -Passage of original bill:...
. - 1869: Oregon and California RailroadOregon and California RailroadThe Oregon and California Railroad was formed from the Oregon Central Railroad when it was the first to operate a stretch south of Portland in 1869. This qualified the Railroad for land grants in California, whereupon the name of the railroad soon changed to Oregon & California Rail Road Company...
receives land grant from US government with mandate to sell to settlers at $2.50/acre - 1878: Timber and Stone ActTimber and Stone ActThe Timber and Stone Act of 1878 in the United States sold Western timberland for $2.50 per acre in 160 acre blocks....
- 1903: Southern Pacific RailroadSouthern Pacific RailroadThe Southern Pacific Transportation Company , earlier Southern Pacific Railroad and Southern Pacific Company, and usually simply called the Southern Pacific or Espee, was an American railroad....
, which acquired the O&C railroad, announces it will no longer sell land, in violation of terms of the land grant - up to 1905: Abuse of land grant process results in Oregon land fraud scandalOregon land fraud scandalThe Oregon land fraud scandal of the early 20th century involved U.S. government land grants in the U.S. state of Oregon being illegally obtained with the assistance of public officials. Most of Oregon's U.S. congressional delegation received indictments in the case: U.S. Senator John H....
- 1907: Three Arch RocksThree Arch Rocks National Wildlife RefugeThree Arch Rocks National Wildlife Refuge is a U.S. National Wildlife Refuge off the northern Oregon Coast. It is located on the central coast of Tillamook County, in the northwestern part of Oregon. It is one of six National Wildlife Refuges within the Oregon Coast National Wildlife Refuge Complex...
first National Wildlife Refuge established west of Mississippi - 1907: Walter LaffertyWalter LaffertyAbraham Walter Lafferty was a U.S. Representative from the state of Oregon. Lafferty spent the majority of his career both as a legislator and as an attorney attempting to have millions of acres of land previously owned by the Oregon and California Railroad come under Oregon state control, rather...
begins lawsuit on behalf of 18 western Oregon counties affected by the land fraud scandal - 1913: public access to beaches formalized—originally for use as highways—codified general public understanding under Oswald WestOswald WestOswald West was an American politician, a Democrat, who served most notably as the 14th Governor of Oregon. Called "Os West" by Oregon writer Stewart Holbrook, who described him as "by all odds the most brilliant governor Oregon ever had."- Early life and career :West was born in Ontario, Canada...
- 1916: U.S. Congress passes Chamberlain-Ferris ActChamberlain-Ferris ActThe Chamberlain–Ferris Act of June 9, 1916 was an Act of the United States Congress that ruled that of the original 4 million granted to the Southern Pacific Company in California and Oregon were "revested" to the United States, and put under the control of the General Land Office, which was to...
, which established payments to Oregon counties for timber sales on former O&C lands; modified by the StanfieldRobert N. StanfieldRobert Nelson Stanfield was an American politician and rancher from the state of Oregon. A native of the state, he was a rancher before entering politics and serving in the Oregon House of Representatives, including one session as Speaker...
Act of 1926 - 1937: Congress passes the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act of 1937 (O&C Act), which further modifies the terms of the timber payments to O&C counties; payments are reduced in 1953.
- 1933–1951: Fire destroys much of what is now known as the Tillamook State ForestTillamook State ForestThe Tillamook State Forest is a publicly owned forest in the U.S. state of Oregon. Managed by the Oregon Department of Forestry, it is located west of Portland in the Northern Oregon Coast Range, and spans Washington, Tillamook, Yamhill, and Clatsop counties. The forest receives large amounts of...
in the Tillamook BurnTillamook BurnThe Tillamook Burn was a series of forest fires in the Northern Oregon Coast Rangeof Oregon in the United States that destroyed a total area of 355,000 acres of old growth timber in what is now known as the Tillamook State Forest. The fires spanned the years of 1933–1951. By association, the name... - 1961: farm tax deferral
- 1963: Exclusive Farm Use (EFU) zoning
- 1967: Oregon Beach BillOregon Beach BillThe Oregon Beach Bill was a piece of landmark legislation in the U.S. state of Oregon, passed by the 1967 session of the Oregon Legislature...
establishes public ownership of land along the Oregon CoastOregon CoastThe Oregon Coast is a region of the U.S. state of Oregon. It runs generally north-south along the Pacific Ocean, forming the western border of the state; the region is bounded to the east by the Oregon Coast Range. The Oregon Coast stretches approximately from the Columbia River in the north to...
- Willamette River Greenway
- 1969: Senate Bill 10 required comprehensive land use plans for every city and county.
- Sohappy v. SmithSohappy v. SmithSohappy v. Smith, 302 F.Supp. 899 , along with the combined United States v. Oregon, was a federal case heard by the United States District Court for the District of Oregon, decided in 1969 and amended in 1975...
, along with Washington's Boldt DecisionBoldt DecisionUnited States v. Washington, 384 F. Supp. 312 , was a 1974 court case which affirmed the right of most of the tribes in Washington to continue to harvest salmon...
, established fishing rights for Native Americans
- Sohappy v. Smith
- 1970: Measure 11 failed (44%)
- 1971: Oregon Coastal Conservation and Development Commission
- 1973: Many county-owned forests, largely owned as a result of property foreclosures, dedicated as Tillamook State ForestTillamook State ForestThe Tillamook State Forest is a publicly owned forest in the U.S. state of Oregon. Managed by the Oregon Department of Forestry, it is located west of Portland in the Northern Oregon Coast Range, and spans Washington, Tillamook, Yamhill, and Clatsop counties. The forest receives large amounts of...
- 1990: The Northern Spotted OwlNorthern Spotted OwlThe Northern Spotted Owl, Strix occidentalis caurina, is one of three Spotted Owl subspecies. A Western North American bird in the family Strigidae, genus Strix, it is a medium-sized dark brown owl sixteen to nineteen inches in length and one to one and one sixth pounds. Females are larger than males...
is listed as threatened as part of the Endangered Species ActEndangered Species ActThe Endangered Species Act of 1973 is one of the dozens of United States environmental laws passed in the 1970s. Signed into law by President Richard Nixon on December 28, 1973, it was designed to protect critically imperiled species from extinction as a "consequence of economic growth and...
; logging on federal lands is ended by court order - 1993: Congress passes the Omnibus Budget Reconciliation Act of 1993Omnibus Budget Reconciliation Act of 1993The Omnibus Budget Reconciliation Act of 1993 was federal law that was enacted by the 103rd United States Congress and signed into law by President Bill Clinton. It has also been referred to, unofficially, as the Deficit Reduction Act of 1993...
which replaces timber payments with "safety net" payment to 72 rural counties, including the O&C counties. Payments are to last until 2000. - 1994: The Northwest Forest PlanNorthwest Forest PlanThe Northwest Forest Plan is a series of federal policies and guidelines governing land use on federal lands in the Pacific Northwest region of the United States. It covers areas ranging from Northern California to western Washington...
is implemented and defines land use on federal lands in the Northwest that sharply reduces timber harvest - 2000: Congress passes the Secure Rural Schools and Community Self-Determination Act of 2000Secure Rural Schools and Community Self-Determination Act of 2000The Secure Rural Schools and Community Self-Determination Act of 2000 amended the Forest Service’s county payments program for FY2001-FY2006 to allow states or counties to choose to receive the average of the three highest payments for FY1986-FY1999 in lieu of the regular 25% payment, but...
(SRSCSDA) (often called the County paymentsCounty paymentsCounty payments — Forest Service payments of 25% of gross revenues from each national forest to the states for use on road and school programs in the counties where the national forests are located...
program), which authorizes western counties, including the O&C counties, to receive federal payments to compensate for loss of timber revenue for 6 yearsNote: 33 of Oregon's 36 rural counties get payments: all but Sherman, Gilliam, Clatsop. - 2001: Northwest Coastal Forest Plan established, aimed to balance demands on forests in Tillamook and Clatsop counties. Largely regarded as a failure by 2008.
- 2006: SRSCSDA ends and is not reauthorized; as part of another bill, the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, payments were extended another year
- 2007: No extension to SRSCSDA is passed and federal payments to rural Oregon counties end; beginning July 1, 2008 Oregon loses $238 million in federal payments
- 2008: 4-year extension to SRSCDA is surprisingly included in Emergency Economic Stabilization Act of 2008Emergency Economic Stabilization Act of 2008The Emergency Economic Stabilization Act of 2008 The Emergency Economic Stabilization Act of 2008 The Emergency Economic Stabilization Act of 2008 (Division A of , commonly referred to as a bailout of the U.S. financial system, is a law enacted in response to the subprime mortgage crisis...
. Rep. DeFazio and Sen. Wyden, two of the biggest supporters of extending the payments to Oregon counties, vote against the bill due to their opposition to the overall bailout bill. - 2011: The extension to SRSCDA expires on September 30 and the final payments are scheduled for early 2012. Backed by Governor John KitzhaberJohn KitzhaberJohn Albert Kitzhaber is the 37th Governor of Oregon. He served as the 35th Governor of Oregon from 1995 to 2003 and became the first person to be elected to the office three times when he was re-elected to a non-consecutive third term in 2010...
and the entire Oregon congressional delegation, Senator Ron WydenRon WydenRonald Lee "Ron" Wyden is the senior U.S. Senator for Oregon, serving since 1996, and a member of the Democratic Party. He previously served in the United States House of Representatives from 1981 to 1996....
introduces legislation to extend the payments for another five years.
Senate Bill 100
- 1973: Senate Bills 100 and 101Oregon Senate Bills 100 and 101 (1973)Oregon Senate Bills 100 and 101 were pieces of landmark legislation passed in 1973. It created a framework for land use planning across the state, requiring every city and county to develop a comprehensive plan for land use....
established Oregon Land Conservation and Development Commission, Oregon Department of Land Conservation and DevelopmentOregon Department of Land Conservation and DevelopmentThe Oregon Department of Land Conservation and Development is the chief land use planning and regulatory agency of the government of the U.S. state of Oregon. The DLCD administers the statewide land use planning program...
, etc. Led to adoption of 14 statewide planning goals and created statewide protections for farmland. - 1976: Measure 10 failed (39%) Measure 12 sought to repeal SB 100. Failed by 60+%.
- 1978: Measure 10 sought to repeal SB 100. Failed (39% yes)
- 1979: Land Use Board of Appeals (LUBA) created
- 1982: Measure 6 sought to repeal SB 100. Fails (45% yes)
- 1991: PAPA and PR Reform
- 1993: Legislature passes HB 3661 and expands ability to build houses on farm and forestland.
- 1995: Republicans introduce multiple bills that strip SB 100. Democrats stop them.
- 1997: Republicans introduce multiple bills that strip SB 100. Democrats stop them.
- 1998: Measure 65 (sought to roll back land use regulation, failed)
- 1999: Measure 56 passed 80%
- 2000: Measure 2 (sought to roll back land use regulation, failed, 47% yes)
- Measure 7Oregon Ballot Measure 7 (2000)Ballot Measure 7, an Oregon, United States ballot initiative that passed with over 53% approval in 2000, amended the Oregon Constitution, requiring the government to reimburse land owners when regulations reduced the value of their property....
— an amendment to the Oregon ConstitutionOregon ConstitutionThe Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights. This contains most of the rights and privileges granted in the United States Bill of...
which is subsequently declared illegal — passed. controversial but uncontested title language(?)
- Measure 7
- 2004: Measure 37 passed (61%). controversial, uncontested title language(?)
- 2005–2009: Oregon Big Look Task Force, a citizen commission created by SB 82 of the 2005 session, charged with bringing land use recommendations to 2009 legislature.
- 2007: Measure 49 repeals/modifies much of Measure 37.
See also
- Urban growth boundaryUrban growth boundaryAn urban growth boundary, or UGB, is a regional boundary, set in an attempt to control urban sprawl by mandating that the area inside the boundary be used for higher density urban development and the area outside be used for lower density development.An urban growth boundary circumscribes an...
- United States Bureau of ReclamationUnited States Bureau of ReclamationThe United States Bureau of Reclamation , and formerly the United States Reclamation Service , is an agency under the U.S...
- United States Bureau of Land Management
- United States Forest ServiceUnited States Forest ServiceThe United States Forest Service is an agency of the United States Department of Agriculture that administers the nation's 155 national forests and 20 national grasslands, which encompass...
- Gifford PinchotGifford PinchotGifford Pinchot was the first Chief of the United States Forest Service and the 28th Governor of Pennsylvania...
, Theodore RooseveltTheodore RooseveltTheodore "Teddy" Roosevelt was the 26th President of the United States . He is noted for his exuberant personality, range of interests and achievements, and his leadership of the Progressive Movement, as well as his "cowboy" persona and robust masculinity... - Oregon State Land Board
- List of Oregon ballot measures
- Oregonians In ActionOregonians In ActionOregonians in Action is an organization in Oregon, United States that seeks to reduce land use regulation. There are four legal entities that have used this name, but the one that is most active as of 2006 is the political action committee. Its committee number is 2793...
(led by Dave Hunnicut, backers of "property rights movement" since late '90s?) - 1000 Friends of Oregon1000 Friends of Oregon1000 Friends of Oregon is a private, non-profit 501 organization that advocates for sustainable communities, protection of farmland and forests, and conservation of natural areas and resources in the U.S. state of Oregon with a focus on land use laws...
(opposed 37, proponents of 49, very farm-aligned) - Regulatory takingRegulatory takingRegulatory taking refers to a situation in which a government regulates a property to such a degree that the regulation effectively amounts to an exercise of the government's eminent domain power without actually divesting the property's owner of title to the property.-United States law:In common...
-- the concept that regulating land use constitutes a "taking" of property value, thus should be considered an exercise of eminent domainEminent domainEminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent... - Oregon Department of State LandsOregon Department of State LandsThe Department of State Lands , one of the oldest agencies of government of the U.S. state of Oregon, is principally responsible for the management of lands under state ownership, as its name implies. Unlike most other department-level state agencies, it is not headed by a sole elected official,...
(and the Common School Fund)
External links
- Oregon Department of Land Conservation and Development (established by SB 100)