Court orders $1.15M paid in property rights case

Dorothy English wanted to develop 20 acres she and her late husband bought in 1953, and divide it into eight home sites.

PORTLAND (AP) — The Oregon Supreme Court has ordered Multnomah County to pay the estate of property rights pioneer Dorothy English $1.15 million in a dispute over development restrictions.

The ruling last week ended a long legal battle over whether the county owed English compensation for initially denying permission to develop home sites on her property northwest of Portland.

English died in April 2008 at 95. She wanted to develop 20 acres she and her late husband bought in 1953, and divide it into eight home sites for her family.
She became the spokeswoman for Measure 37, which voters approved in 2004 to give property owners the right to develop their land.
When it passed, she filed the state's first Measure 37 claim. She was joined by 6,500
Oregonians who demanded either compensation for diminished property values or for the right to build, in many cases, extensive subdivisions.
Voters later scaled back development rights by passing Measure 49 in 2007. Most of the original claimants settled for a process that would allow them to build one to three homes.

English continued her battle in the courts.

In December 2006, she won a compensation judgment for $1.15 million. The county agreed to let her develop eight lots instead of paying her the compensation. But English rejected conditions the county attached.

In 2009, the Oregon Court of Appeals ruled in her favor and later scolded the county for engaging in what it called a “war of attrition” against English, who had died the year before.

New Legislation Extends Time Period for Final Plat Approval

Finally, a little good news for builders and developers who are trying to plat properties. The legislature has granted a temporary extension to save preliminary plats that could expire during this economic downturn.

The Municipal Research and Service Center of Washington (MRSC) has issued an opinion on the Washington State Legislature’s recent adoption of Substitute Senate Bill 6544. The legislation, signed by the Governor, extends preliminary plats for two years, from five to seven years until 2014.
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Opinion:
In SSB 6544 (Ch. 79, Laws of 2010), the 2010 legislature extended the statutory time period for submitting final plats for city or county approval from five years after preliminary plat approval to seven years after that approval. It also extended the vesting period for approved final plats from five to seven years. This legislation, which is effective June 10, sunsets on December 31, 2014.

It appears that the purpose of this temporary extension is to save preliminary plats that are in jeopardy of lapsing because of the economic downturn. This purpose should help explain which preliminary plats this legislation applies to. The original bill included an intent section that, although deleted in the substitute bill that was adopted, sheds light on legislative intent:

(1) The legislature finds that active land use permits are expiring due to a downturn on the state economy. Considerable cost has been expended by applicants and local jurisdictions to approve projects. Allowing these projects to expire would make it difficult for the state to meet its housing needs in the future and impose considerable staff costs on local governments to perform work that has already been completed.

(2) The legislature further finds that, in the current period of economic challenge, an extension for plat approvals will contribute to the overall employment of the state by employing citizens of Washington as soon as is practicable in the family wage jobs of the land development and home building industries.

The public testimony in favor of the bill, as summarized in the various bill reports, also focused on the current economic climate and its effect on development activity.

To read the full opinion, please go to: http://www.mrsc.org/Subjects/planning/ssb6544.aspx

The Subdivision Process

While every City or County may have its own unique process of subdividing property, most follow a similar general format. I have tried to layout how a typical plot of property might make its way from raw land to finished residential lots.

From Wikipedia
Subdivision is the act of dividing land into pieces that are easier to sell or otherwise develop, usually via a plat. The former single piece as a whole is then known as a subdivision in the United States. If it is used for housing it is typically known as a housing subdivision or housing development, although some developers tend to call these areas communities.
Subdivisions may also be for the purpose of commercial or industrial development, and the results vary from retail malls with independently owned out parcels to industrial parks.

The Subdivision Process

Phase I: Feasibility & Preliminary Preparation
• Review and Research Existing Data & Maps. Recon by consultants as necessary (wetlands, soils etc)
• Initial review of Zoning, Access, Topography, Utilities, Market
• Meet with Jurisdictions
• Preliminary Proforma & Schedule
• Internal Feasibility Results. Proceed or Halt project
• Initial Planning, Hire Engineer
• Field Work (at least enough for submittal): Survey, Mapping, Prelim. Engr., Critical Area review
Action Item: Decide on project feasibility. Prepare Pre-App package, Schedule Pre-App mtg.

Phase II: Pre-Application Meeting
• Submit Pre-App package. Meet with Jurisdiction. Discuss initial findings, potential obstacles & options.
• Post meeting: review possible revisions, variances, or re-designs options
• Hire other professionals (geotech, wetland bio, traffic, landscape arch, etc)
• Applicant could skip the pre-application meeting and move straight to preliminary submittal depending upon jurisdiction and project type
Action Item: Submit Pre-App Package (Application #1). Prepare Preliminary Submittal Package

Phase III: Preliminary Submittal to and Prelim. Approval
• Plat Submittal package and review by agencies planning department
• Complete application  equals a vested project*
• Additional information requests and redline comments
• Work with other jurisdictions (Water & Sewer District, PSE, DOE, etc)
• SEPA determination* (DNS, MDNS, DS EIS)
• Public Hearing
• Issue Preliminary Plat approval with (subject to) conditions
Action Item: Submit Package (Application #2). Respond/Address Jurisdiction comments

Phase IV: Engineering Review
• Engineer will technically design plans for all roads, utilities and other infrastructure to serve project
• Enter development Extension agreements with purveyors
• Approved Engineering plans issued for construction
Action Item: Submit Engineering drawings (Application #3) & redlines

Phase V: Site work construction
• Infrastructure construction
• As-built work & final inspection upon completion with each jurisdiction (Bond as necessary)
Action Item: Hire contractor. Site Inspection & Approval

Phase VI: Final Review & Recording
• Prepare Final Plat maps
• Lot Corner staking
• Redline corrections
• Bond & Final Recording
Action Item: Prepare Final Plat map, Bond & Record

Thanks to Cramer NW http://www.cramernw.com/ for their contribution to this list.

LAND ENTITLEMENTS

Real Estate Dictionary: Entitlement--The right to develop land with government approvals for Zoning density, utility installations, occupancy permits, use permits, and streets.

In essence, Land Entitlement is what happens with a project before a shovel of dirt is turned.

Entitlements are the backbone of any development. Entitlements dictate “what, where and how much” can be built on a particular property. The “what, where and how much”—have a lot to do with determining the value of a property. A property that has a large number of uses is typically more valuable than the same property with a very limited use.

Entitlements are a legal agreement with the governing jurisdiction to allow a certain development to occur on the site. Entitlements outline the density, function and setback requirements allowed for the property.

Typically, developments can only be financially viable if they can obtain a certain density or usage. Entitlements are the key to legally securing this right from the governing jurisdiction.

When reviewing a development application, a jurisdiction will consider potential impacts such as traffic and environmental risks as well as community acceptance of the proposed development. They will likely require studies from the owner as well as proposed conceptual designs of the project.

Applying for entitlements is a challenging process. Depending on the size of the project and intended use, entitlements can take from a few months to many years to obtain. This is in large part based on the complexity of the project and public acceptance of it.