An Ashland landowner who died almost four years ago finally received the property rights he longed for during his lifetime.
Jackson County commissioners in a split decision Wednesday granted a claim filed by the estate of William Pierson, who left 242 acres along East Main Street in Ashland to his personal agent, Eugene attorney David Force.
Force has said that because the land hasn't been divided up and still falls under the William Pierson estate, the county should recognize the legitimacy of the Measure 37 claim, which was filed on April 6.
Force contends that Pierson wrote the will in such a way that he wanted to get the maximum value from his property before it is divided among his heirs.
Pierson's heirs include John Pierson of Ashland, Dr. Martha Pierson of Houston and Rebecca Force, David Force's wife.
Advertisement | |
Under Measure 37, approved by 61 percent of voters in November 2004, government agencies must remove offending land-use regulations after six months of receiving a claim or pay the property owner compensation for lost value.
Commissioner Dave Gilmour, the only commissioner to vote against the claim, said, "Pierson died before there was even Measure 37."
He said that without documentation from Pierson, it was difficult to tell what his intent would have been in regard to the property rights law.
Because of the unique nature of this claim, Gilmour didn't think it would set a precedent for future claims.
"It will not have a huge impact on other cases," he said.
If successful, the family still faces the issue of whether it can transfer the claim if the property is sold.
The Pierson claim asks for a 100-lot subdivision on what is now land zoned exclusive farm use and rural residential.
Reach reporter Damian Mann at 776-4476 or dmann@mailtribune.com.
