Land Use and Local Government Law and Litigation

The Law Office of Robert K. Lincoln, P.A.  provides legal services to private and public entities involved in complex land use disputes.  Hiring an attorney is an important decision that should not be based solely upon advertisements.  Before you decide, ask and I will provide free information about my experience and qualifications. 

Growth Management II: Yet another GM study commission

In the never-ending quest by the Legislature to either fix or gut growth management (depending on your view and the particular bill that's running in any given year), there's a bill to set up another growth management commission - Here's the text.

It's pretty much the same fare as past commissions - 15 members, 5 appointed by the Pres of Senate, Speaker of the House and the Governor. There's room for an executive director, travel money for members and committe members, and authorization for consultants. But only $300,000 budget.

I just wish that we'd get one of these commissions to focus on process rather than trying to "fix" the outcome. Here's my wish list:

1) A land use board of appeals like Oregons to speed up decisions and make them more consistent.
2) A single statute providing basic administrative procedures requirements for local governments and for effective judicial review of them (including something that gives the circuit court powers like the District Courts have in Chapter 120.68 proceedings). Include some basic evidence standards and a consistent way to address bias issues in local decisionmaking. Require written opinions of all staff processes, even when they only make recommendations to another decision maker.
3) Tie the consistency review into the above so there's one consistent form of review for rezonings, special exceptions, etc.

This kind of approach would address review standards and the gross levels of discretion that local government adminstrative actors enjoy today to the detriment of both the development community AND neighbors/environmentalists, etc.

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Hiring an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask and I will send you free written information about my qualifications and experience. Additionally, the comments, statements and articles contained herein are general in nature and should not be relied upon as a basis for any legal opinion, action or conclusion on the part of the reader with respect to any particular set of facts or circumstances, or to establish an attorney-client relationship between us.