Land use in Oregon

{{short description|Laws affecting land ownership}}

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[[File:Federal lands in Oregon.png|thumb|Map of federal land ownership in Oregon

{{legend|#FF6666|Bureau of Indian Affairs}}

{{legend|#FFFF99|Bureau of Land Management(BLM)}}

{{legend|#FFFF00|BLM Wilderness Area}}

{{legend|#3366CC|Department of Defense}}

{{legend|#FFCC33|Fish and Wildlife Service (FWS)}}

{{legend|#FF6600|FWS Wilderness Area}}

{{legend|#CCCC66|Forest Service (FS)}}

{{legend|#66CC33|FS Wilderness Area}}

{{legend|#99CC99|National Park Service}}

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The U.S. state of Oregon has had an evolving set of laws affecting land ownership and its restrictions.

Timeline

|url=http://www.ohs.org/education/oregonhistory/historical_records/dspDocument.cfm?doc_ID=57DC68B6-D7DF-29DF-E0AEFFF6262C7F98

|title=Oregon and California Railroad

|publisher=Oregon Historical Society

|access-date=2008-07-17

|year=2003

}}

file:Looters of the Public Domain 494.png cartoon, illustrating the prediction of Secretary of the Interior Gifford Pinchot, who warned U.S. timber resources in the west would be depleted.]]

| url = http://www.fws.gov/oregoncoast/news/display_blog.cfm?bid=616BB989-DE83-4DE3-CC23BB9B87B55551

| title = Three Arch Rocks Refuge Celebrates Centennial

| date = 2007-10-02

| publisher = United States Fish and Wildlife Service

| access-date = 2007-11-27

}}

  • 1907: Walter Lafferty 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 West{{cite web

| url = http://www.oregon.gov/LCD/OCMP/docs/Ocean/otsp_1-a.pdf

| work = Oregon Territorial Sea Plan

| title = Part One: Ocean Management Framework A. History of Ocean Planning in Oregon

| author = Oregon Coastal Management Program

| year = 1994

| access-date = 2007-11-27

}}

  • 1916: U.S. Congress passes Chamberlain-Ferris Act, which established payments for timber sales on 2.4 million acres of O&C lands, located in 18 Oregon counties; modified by the Stanfield Act of 1926{{cite web

| url = http://www.blm.gov/or/rac/ctypayhistory.php

| title = O&C Counties Historical Information

| author = U. S. Department of the Interior Bureau of Land Management

| access-date = February 14, 2012

}}{{cite web

| url = http://www.oandccounties.com/index.htm

| title = History of the O&C Lands

| author = Association of O&C Counties

| access-date = February 14, 2012

}}

  • 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 Forest in the Tillamook Burn
  • 1961: Farm tax deferral
  • 1963: Exclusive Farm Use (EFU) zoning
  • 1967: Oregon Beach Bill establishes public ownership of land along the Oregon Coast
  • Willamette River Greenway
  • 1969: Senate Bill 10 required comprehensive land use plans for every city and county.
  • Sohappy v. Smith, along with Washington's Boldt Decision, established fishing rights for Native Americans
  • 1970: Measure 11 failed (44%)
  • 1971: Oregon Coastal Conservation and Development Commission (see Wilbur Ternyik)
  • 1973: Many county-owned forests, largely owned as a result of property foreclosures, dedicated as Tillamook State Forest
  • 1981: Senate votes down Senate Bill 945{{cite web|url=https://news.google.com/newspapers?id=FfpVAAAAIBAJ&pg=4761,2256643&dq=charles-hanlon+oregon&hl=en|title=Eugene Register-Guard - Google News Archive Search|website=news.google.com}}
  • 1990: The northern spotted owl is listed as threatened as part of the Endangered Species Act; logging on federal lands is ended by court order
  • 1993: Congress passes the Omnibus Budget Reconciliation 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.{{cite web|url=http://www.oregonheritageforests.org/history/legal |title=Legal History of O&C Lands |author=Oregon Heritage Forests |access-date=2008-07-17 |url-status=dead |archive-url=https://web.archive.org/web/20070916100425/http://www.oregonheritageforests.org/history/legal |archive-date=September 16, 2007 }}
  • 1994: The Northwest Forest Plan 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 2000 (SRSCSDA) (often called the county payments program), which authorizes western counties, including the 18 O&C counties along with 15 more Oregon counties with other federal lands, to receive federal payments to compensate for loss of timber revenue for 6 years
  • 2001: Northwest Coastal Forest Plan established, aimed to balance demands on forests in Tillamook and Clatsop counties. Largely regarded as a failure by 2008.{{cite news

|title=2001 plan for coastal forests isn't working

|first=Michael

|last=Millstein

|work=The Oregonian

|publisher=Advance Publications

|date=2008-11-06

|url=http://docs.newsbank.com/openurl?ctx_ver=z39.88-2004&rft_id=info:sid/iw.newsbank.com:NewsBank:ORGB&rft_val_format=info:ofi/fmt:kev:mtx:ctx&rft_dat=124508E4ADE2EAF0&svc_dat=InfoWeb:aggregated5&req_dat=0D10F2CADB4B24C0

}}

| url = http://nl.newsbank.com/nl-search/we/Archives?p_product=OR&p_theme=or&p_action=search&p_maxdocs=200&p_text_search-0=Clackamas%20AND%20gets%20AND%20extra%20AND%20federal%20AND%20funds&s_dispstring=Clackamas%20gets%20extra%20federal%20funds%20AND%20date(06/06/2007%20to%2006/06/2007)&p_field_date-0=YMD_date&p_params_date-0=date:B,E&p_text_date-0=06/06/2007%20to%2006/06/2007)&xcal_numdocs=50&p_perpage=25&p_sort=YMD_date:D&xcal_useweights=no

| publisher = The Oregonian

| title = Clackamas gets extra federal funds

| page = C03

| first = Peter

| last = Zuckerman

| website = www.oregonlive.com

| date = June 6, 2007

| access-date = April 7, 2018

}}

  • 2008: 4-year extension to SRSCSDA is surprisingly included in Emergency Economic Stabilization Act of 2008. 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.{{cite web

| url = http://www.oregonlive.com/news/index.ssf/2008/10/33_oregon_counties_will_share.html

| work = The Oregonian

| title = 33 Oregon counties will share an unexpected $740 million

| last=Preusch

| first=Matthew

| date = 19 October 2008

| access-date = 2008-10-20

| publisher = Advance Publications

}}

  • 2011: With the extension to SRSCSDA expiring soon, backed by Governor John Kitzhaber and the entire Oregon congressional delegation, Senator Ron Wyden introduces legislation to extend the payments for another five years.{{cite news

| url = http://www.ktvz.com/news/29398137/detail.html

| title = Oregon Leaders Announce County Payments Deal

| publisher = KTVZ.com

| access-date = October 5, 2011

| archive-url = https://web.archive.org/web/20120405171304/http://www.ktvz.com/news/29398137/detail.html

| archive-date = April 5, 2012

| url-status = dead

}} Republican and Democratic members of Oregon's congressional delegation have proposed setting aside some of the federal land in Oregon as public trusts in which half would be designated for harvest to provide revenue for the counties, and half designated as a conservation area.{{cite news

|url= http://www.oregonlive.com/environment/index.ssf/2012/01/loss_of_federal_forest_payment.html

|title=Loss of federal forest payments has Oregon counties looking for revenue while having millions that can't be tapped

|last=Mortenson

|first=Eric

|newspaper=The Oregonian

|date=January 21, 2012

|access-date=February 14, 2012

}}{{cite news

|url=http://www.oregonlive.com/politics/index.ssf/2012/02/county_payments_included_in_wh.html

|title=Payments to cash-strapped rural counties included in White House budget proposal

|last=Pope

|first=Charles

|newspaper=The Oregonian

|date=February 13, 2012

|access-date=February 14, 2012

}}{{cite news

|url= http://www.oregonlive.com/politics/index.ssf/2012/02/house_committee_to_consider_co.html

|title=County timber payments plan moving fast in U.S. House

|last=Pope

|first=Charles

|newspaper=The Oregonian

|date=February 15, 2012

|access-date=February 15, 2012

}}

  • 2012: The extension to SRSCSDA expires in January. President Obama's proposed 2013 United States federal budget includes $294 million to extend the program for fiscal year 2013 with a plan to continue the payments for four more years, with the amount declining 10% each year. Congress does not take up the President's proposal, but include a one-year extension to SRSCSDA in its omnibus transportation bill, which is signed by the President.{{cite news

|url=http://www.dailytidings.com/apps/pbcs.dll/article?AID=/20120630/NEWS02/206300307/-1/NEWSMAP

|title=Congress extends timber payments

|last=Barnard

|first=Jeff

|newspaper=Ashland Daily Tidings

|date=June 30, 2012

|access-date=July 1, 2012

}}{{cite news

|url=http://www.oregonlive.com/politics/index.ssf/2012/06/congress_clears_transportation.html

|title=Congress clears transportation bill carrying $100 million for Oregon's financially squeezed rural counties

|date=June 29, 2012

|access-date=July 1, 2012

|last=Pope

|first=Charles

|newspaper=The Oregonian

}}{{cite news

|url=http://www.uniondemocrat.com/News/Local-News/Timber-payments-get-Obamas-OK

|title= Timber payments get Obama's OK

|newspaper=The Union Democrat

|date=July 11, 2012

|access-date=July 20, 2012

}} This is expected to be the last renewal of the program.

= Senate Bill 100 =

| title = History of the Oregon Land Use Planning Program: Presentation to the Task Force on Land Use Planning

| date = 2006-03-03

| url = http://centralpt.com/upload/301/1939_sb82histppt030306.pdf

| access-date = 2007-11-28

| archive-url = https://web.archive.org/web/20090325011905/http://centralpt.com/upload/301/1939_sb82histppt030306.pdf

| archive-date = 2009-03-25

| url-status = dead

}}{{cite web

| url = http://www.oregon.gov/LCD/docs/goals/goalsappendix.pdf

| title = The Evolution of Oregon's Statewide Planning Goals - October 2000

| publisher = Department of Land Conservation and Development

}}{{cite web

| url = http://www.newwest.net/index.php/city/article/the_oregon_example_statewide_planning_works/C396/L396/

| title = The Oregon Example: Statewide Planning Works

| first = George

| last = Wuerthner

| date = 2007-03-19

| publisher = Mountain West Publishing Company

| access-date = 2007-11-27

}}{{cite web

| last = Beggs

| first = C.E.

| date = 1973-05-28

| url = http://www.govoregon.org/beggarticle.html

| title = 1st statewide planning commission will be created this year

| work = Oregon Statesman

| publisher = Gannett Company

| location = Salem, Oregon

| page = Section 1:6

}}{{cite web

| last = McCall

| first = Tom

| url = http://www.govoregon.org/Oregon_Land_Use_Story.pdf

| title = The Oregon Land Use Story

| publisher = Executive Department, Local Government Relations Division

| date = 1974-01-07

}}{{cite web

| url = http://www.govoregon.org/landusetext.html

| title = Original text of Senate Bill 100

| work = govoregon.org

}}

  • 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 7 — an amendment to the Oregon Constitution which is subsequently declared illegal — passed. controversial but uncontested title language(?) Overturned by Oregon Supreme Court.[http://www.publications.ojd.state.or.us/S48450.htm League of Oregon Cities v. State, 334 Or. 645, 56 P.3d 892 (2002)] {{webarchive|url=https://web.archive.org/web/20070426111417/http://www.publications.ojd.state.or.us/S48450.htm |date=2007-04-26 }}
  • 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

References

{{reflist|2}}