When the longtime owner of a Wilsonville, Oregon mobile home park announced in the summer of 2005 that he was going to close the park, the City of Wilsonville rushed through an ordinance that prohibited owners of mobile home parks from closing their parks unless they first (a) obtained a permit from the City, (b) prepared a statement of the impact of the closure on the tenants, and (c) hired people to help the tenants move to new locations and paid all the costs to relocate the tenants. The owner sued the city to declare the ordinance unconstitutional, and a few months ago a Clackamas County judge agreed with the owner.
In the meantime Metro and local governments struggle with providing "needed housing," meaning affordable housing. And an interesting question has arisen about Measure 37, the land use initiative adopted in 2004. Measure 37 requires local governments to waive certain land use regulations adopted after landowners acquired their property, or to pay compensation in lieu of waiving the rules. The question is how to interpret this sentence from Measure 37: "In lieu of payment of just compensation under this act, the governing body * * * may modify, remove, or not apply the land use regulation or land use regulations to allow the owner to use the property for a use permitted at the time the owner acquired the property." What does "a use" mean? Does it mean a use chosen by the owner (i.e., any use), or does it mean a use chosen by the government?
Here's why it matters. Old Farmer applies for Measure 37 relief and says that when he bought his acreage in the forest back in 1963, no rules prevented him from subdividing it into 100 lots. "Let me subdivide," he says, "or pay me $X millions." Can the county say, "Mr. Farmer, we won't let you subdivide, but we will let you build an office building," knowing that no one would build an office building on Old Farmer's acreage. Or does the county have to go along with Mr. Farmer's chosen use?
Here's how to combine mobile home parks, affordable housing, and Measure 37. Let a few local governments grant Measure 37 waivers that allow, not a 50- or 100-lot subdivision, but a 100- or 200-unit mobile home park. Have Metro cooperate by extending sewer and water to the mobile home parks, and provide that the Measure 37 allows the mobile home park but not a large-lot subdivision. "You can come into the Urban Growth Boundary and get services," Metro might tell a claimant, "only if you use your property to provide affordable housing."
Cities could even do this without waiting for a Measure 37 claimant to show up. Wilsonville, for example, could tell a few landowners on its fringe that it will annex their land and provide urban services, if they agree to build a mobile home park on the land and operate it for the next 40 or 50 years. That is, of course, assuming that the Wilsonville City Council wants to preserve mobile homes in the city, the goal they said they had when they passed their ordinance.
Recent Comments