Burke v. State Ex Rel. Department of Land Conservation & Development

This is another case involving the meaning and application of Ballot Measure 49 (2007), the referendum that replaced Ballot Measure 37 (2004) and modified its remedies for reduction in property value caused by a land use regulation. The issue on appeal is whether, for purposes of a Measure 49 claim, the seller under a recorded land sale contract that is in force is, in addition to the purchaser, a qualifying “owner,” as defined in ORS 195.300(18). Plaintiff Burke, the land sale contract seller, acquired title to the subject property in 1967, before the adoption of comprehensive statewide…