Claims under Measure 37 numerous but mostly small.

Byline: Randi Bjornstad The Register-Guard

Of the 395 Measure 37 claims filed so far in Lane County, most are relatively small. Just over a third don't exceed 25 acres, and more than half don't hit 50.

But a few of the claims run well over 1,000 acres in size, and their owners have widely differing ideas of how they want to develop their land if they are permitted.

Measure 37, passed statewide by voters two years ago, states that when governments enact new regulations that restrict the amount of development previously allowed, property owners may file claims to be compensated for their loss or exempted from the regulations.

A scan of Lane County's files shows that at one end of the density spectrum, Chateau Lorane winery owner Linde Kester seeks to divide 1,248 acres of property he owns southwest of Cottage Grove into 15 residential parcels that would average about 80 acres.

In contrast, Pete Hansen & Sons own about the same amount - 1,331 acres, according to county records - near Camp Creek Road northeast of Springfield. Their application indicates that they want to split their land into 5-acre plots, which could yield upwards of 200 new homesites, after subtracting the amount of land required to accommodate roads and other development necessities.

Some claims go even further. In the same area as the Hansen property, Lone Rock Timberland owns about 750 acres of land which could, under the strictest interpretation of Measure 37 law, be divided into 1-acre homesites.

A map of Measure 37 claims in Lane County shows several clusters of large claims. In addition to the Camp Creek area, many large claims have been filed in the Pleasant Hill community both north and south of Highway 58, along the Interstate 5 corridor between Creswell and Cottage Grove, and south and west of Eugene, from the city limits to Territorial Highway.

Many claims also have been filed on properties along the Highway 126 corridor between Veneta and Florence, and along Highway 101 on the coast.

However, most develop- ments approved under Measure 37 probably will be at far lower densities than first appears possible.

To begin with, Lane County planner Steve Hopkins said, about 25 percent of the land area in most larger developments goes toward providing roads and utilities. Conservatively, 10 percent of the land area will be excluded for other reasons, such as avoiding wetlands or other natural features that can't be covered by roads or buildings, he said. That means that only about 65 percent of the land in a Measure 37 claim can be divided into individual building sites.

Development requirements on these claims are more liberal than those on non-Measure 37 properties, but still must meet some of the same requirements imposed on other landowners, county planning director Kent Howe said.

"Measure 37 still requires developments to meet basic health and safety standards, and that means providing adequate water and sewer systems and roads that will not be a danger to others in the community," Howe said.

Beyond that, the ownership history of a piece of property determines the degree to which an owner can develop it beyond what county ordinances allow.

The Measure 37 waivers apply to the property based on the year the owner originally acquired it, and the definition of ownership extends to members of the family in previous generations, often back before zoning regulations had been established.

LANE COUNTY'S LARGEST MEASURE 37 CLAIMS Nearly a dozen individual or corporate landowners have filed Measure 37 claims of 500 acres or more. They include: Wildish Company: 1,400 acres adjacent to Howard Buford Recreation Area southeast of Eugene; company wants to build 300 housing units. Waiver approved. Davidson Industries: 88 acres of residential development north of Florence; waiver approved. 1,200 acres east of Florence for RV park, condominiums, single-family homes, industrial and commercial development, and seasonal amusement park, rodeo or racetrack; pending. 450 acres in the Florence area, about 250 residential units; pending. Hansen: 1,300 acres in Camp Creek area northeast of Springfield, 5-acre homesites. Pending. Kester: 1,200 acres in Lorane community, 15 residential acreages of 80-110 acres. Pending. Rosboro Lumber: 900 acres along McKenzie River near Finn Rock, 173 residential lots and 71 campsites. Pending. Lone Rock Timberland: 750 acres in Camp Creek area, 1-acre parcels. 150 acres northwest of Veneta, 105 units. 324 acres near Saginaw, 20-acre residential lots. All pending. - Lane County Land Management Division