All three of the noted herein new Oregon Administrative Rules (OAR) have huge impacts on all Measure 37 Waiver Holders:

1) OAR 660-041-0050: Declares ALL Measure 37 Waivers DEAD, but presumes to allow for a common law vested right completion of a project already started if the owner meets unknown criteria;
 
2) OAR 660-041-0060: Declares ALL Measure 37 Waivers DEAD;


3) OAR 660-041-0030: Requires all cities, counties and Metro to provide information to the DLCE of ALL applications for a Measure 37 Permit, and all final written decisions on a Measure 37 Permit, filed with or made by the city, county or Metro after February 20, 2007;

As a Developer watch out for these new OAR. They will allow, if not require, the cities and counties to issue "Stop Work Orders" on your project until you prove a "Common Law Vested Right" to continue work or transfer any titles on your property. As we know by the court proceedings of Measure 37, this could take years to get a proper court determination. Measure 37 has been approved by voters for over 3 years now, but the Corey case is just getting to the Oregon Supreme Court. It could take many years for you to prove Common Law Vested Right in order for you to move forward.

The verbiage of OAR 660-041-0030 is very scary as DLCD seems to have a connection between February 20, 2007 and Vested Rights. This seems to be a prelude to the future of DLCD's view on vesting since they are requiring so much information from the counties, cities and Metro.

Another problem seems to be their interest in only written information. Many times as a developer there are things verbally agreed to by local authorities (not the best way to go but it happens), that will not be taken into consideration at all. Please make sure that ALL improvements or any type of exceptions have been done so in writing.