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Commentary

The Oregon Approach to Exclusionary Zoning Law and the Happy Valley Cases

 

Abstract

In Oregon, comprehensive land use legislation has been enacted creating a state land use program, ORS Ch. 197. The original thrust of the Oregon land use program was not the provision of housing but the conservation of agricultural lands and the containment of urban facilities and services through urban growth boundaries around Oregon cities. Despite this orientation, the Oregon legislature became increasingly concerned about the implementation of the state housing goal, which provides in relevant part: “plans shall encourage the availability of adequate numbers of housing units at price ranges and rent levels which are commensurate with the financial capability of Oregon households. …” The legislature also enacted a state housing policy declaring that “the availability of housing opportunities for persons of lower, middle, and fixed income is a matter of state-wide concern…. [W]hen a need has been shown for housing within an urban growth boundary at particular price ranges and rent levels, needed housing shall be permitted in a zone or zones with sufficient buildable land to satisfy that need.” ORS 197.307.

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