Relating to attorney fees for land use appeals of housing developments.
Impact
The bill amends existing regulations under ORS 197.843 to broaden the definition of eligible applicants, ensuring that various entities involved in developing needed housing can receive financial support for legal fees during appeals. By doing so, SB930 seeks to facilitate the process for housing projects that contend with local land use evaluations and decisions. The amendment will be applicable to appeals filed after January 1, 2024, allowing it to address some immediate logistical issues that housing developers may face.
Summary
Senate Bill 930 aims to expand the awarding of attorney fees for individuals involved in housing development appeals to the Land Use Board of Appeals (LUBA). The bill specifically stipulates that any person developing needed housing who has their application approved or denied has the right to have their attorney fees covered if the board affirms or reverses a decision regarding their application. This change intends to support housing development efforts and incentivize those appealing land use decisions.
Sentiment
Overall sentiment around SB930 reflects a positive view towards enhancing housing development initiatives. Supporters argue that the ability to recover attorney fees will lower financial barriers for developers, thereby streamlining processes necessary for increasing housing availability. However, there may also be skepticism about whether such provisions could lead to frivolous appeals or complicate land use regulations further. Thus, while the bill is welcomed by those focused on addressing housing shortages, concerns about its implications on local governance and land use processes remain points of discussion.
Contention
Notable points of contention surrounding SB930 may arise from how the expansion of attorney fee awards could be perceived as potentially incentivizing increased legal challenges in the land use arena. Opponents may argue that this could lead to prolonged disputes over land use applications that local governments normally regulate effectively. The tension between the encouragement of housing developments and the preservation of local autonomy in land use planning is likely to be a focal point during discussions and debates about the bill's implications.