2017 ORS 195.143¹
Coordinated and concurrent process for designation of rural reserves and urban reserves

(1) A county and a metropolitan service district must consider simultaneously the designation and establishment of:

(a) Rural reserves pursuant to ORS 195.141 (Designation of rural reserves and urban reserves pursuant to intergovernmental agreement); and

(b) Urban reserves pursuant to ORS 195.145 (Urban reserves) (1)(b).

(2) An agreement between a county and a metropolitan service district to establish rural reserves pursuant to ORS 195.141 (Designation of rural reserves and urban reserves pursuant to intergovernmental agreement) and urban reserves pursuant to ORS 195.145 (Urban reserves) (1)(b) must provide for a coordinated and concurrent process for adoption by the county of comprehensive plan provisions and by the district of regional framework plan provisions to implement the agreement. A district may not designate urban reserves pursuant to ORS 195.145 (Urban reserves) (1)(b) in a county until the county and the district have entered into an agreement pursuant to ORS 195.145 (Urban reserves) (1)(b) that identifies the land to be designated by the district in the district’s regional framework plan as urban reserves. A county may not designate rural reserves pursuant to ORS 195.141 (Designation of rural reserves and urban reserves pursuant to intergovernmental agreement) until the county and the district have entered into an agreement pursuant to ORS 195.141 (Designation of rural reserves and urban reserves pursuant to intergovernmental agreement) that identifies the land to be designated as rural reserves by the county in the county’s comprehensive plan.

(3) A county and a metropolitan service district may not enter into an intergovernmental agreement to designate urban reserves in the county pursuant to ORS 195.145 (Urban reserves) (1)(b) unless the county and the district also agree to designate rural reserves in the county.

(4) Designation and protection of rural reserves pursuant to ORS 195.141 (Designation of rural reserves and urban reserves pursuant to intergovernmental agreement) or urban reserves pursuant to ORS 195.145 (Urban reserves) (1)(b):

(a) Is not a basis for a claim for compensation under ORS 195.305 (Compensation for restriction of use of real property due to land use regulation) unless the designation and protection of rural reserves or urban reserves imposes a new restriction on the use of private real property.

(b) Does not impair the rights and immunities provided under ORS 30.930 (Definitions for ORS 30.930 to 30.947) to 30.947 (Effect of siting of destination resorts or other nonfarm or nonforest uses). [2007 c.723 §4]

Law Review Cita­tions

93 OLR 455 (2014)

Notes of Decisions

When undertaking “considera­tion of factors,” Metro or county must apply and evaluate each factor, weigh and balance each factor while understanding factors are not independent approval criteria and meaningfully explain reasoning for land designa­tion. Barkers Five, LLC v. LCDC, 261 Or App 259, 323 P3d 368 (2014)

Law Review Cita­tions

93 OLR 455 (2014)

1 Legislative Counsel Committee, CHAPTER 195—Local Government Planning Coordination, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors195.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 195, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano195.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.