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SB502 • 2025

Awards attorney fees against an intervenor in any unsuccessful appeal of a quasi-judicial land use decision.

Awards attorney fees against an intervenor in any unsuccessful appeal of a quasi-judicial land use decision.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Senator Smith DB
Last action
2025-06-27
Official status
In Senate Committee
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Awards attorney fees against an intervenor in any unsuccessful appeal of a quasi-judicial land use decision.

Digest: This Act awards legal fees against a third party who fails in appealing a land use decision.

What This Bill Does

  • Digest: This Act awards legal fees against a third party who fails in appealing a land use decision.
  • (Flesch Readability Score: 65.1).
  • Awards attorney fees against an intervenor in any unsuccessful appeal of a quasi-judicial land use decision.
  • Relating to: Relating to attorney fees for appeal of quasi-judicial land use decisions.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2025-06-27 Senate

    In committee upon adjournment.

  2. 2025-01-17 Senate

    Referred to Judiciary.

  3. 2025-01-13 Senate

    Introduction and first reading. Referred to President's desk.

Official Summary Text

Digest: This Act awards legal fees against a third party who fails in appealing a land use decision. (Flesch Readability Score: 65.1).
Awards attorney fees against an intervenor in any unsuccessful appeal of a quasi-judicial land use decision.
Relating to: Relating to attorney fees for appeal of quasi-judicial land use decisions.
Current location: In Senate Committee

Current Bill Text

Read the full stored bill text 
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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 502
Sponsored by Senator SMITH DB (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: This Act awards legal fees against a third party who fails in appealing a land use deci-
sion. (Flesch Readability Score: 65.1).
Awards attorney fees against an intervenor in any unsuccessful appeal of a quasi-judicial land
use decision.
A BILL FOR AN ACT
Relating to attorney fees for appeal of quasi-judicial land use decisions; creating new provisions; and
amending ORS 197.843.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 197.843, as amended by section 10, chapter 110, Oregon Laws 2024, is
amended to read:
197.843. (1) The Land Use Board of Appeals shall award attorney fees to:
(a) An applicant whose application is only for the development of affordable housing, if the
board reverses a quasi-judicial land use decision denying the application , charged against the local
government and the intervenors, if any ;
(b) An applicant, if the board reverses a quasi-judicial land use decision denying the ap-
plication and a party has intervened on behalf of the local government, charged only against
the intervenors;
[(b)] (c) An applicant whose application [ is only for the development of housing and ] was ap-
proved by the local government, if the board affirms the decision; and
[(c)] (d) The local government that approved a quasi-judicial land use decision described in
paragraph [ (b)] (c) of this subsection.
[(2) For housing other than affordable housing, the attorney fees specified in subsection (1)(b) and
(c) of this section apply only within urban growth boundaries. ]
[(3)] (2) [ A party ] An applicant who was awarded attorney fees under this section or ORS
197.850 shall repay the fees plus any interest from the time of the judgment if the property upon
which the fees are based is developed for a use other than the [ proposed housing ] use proposed by
the appealed application.
[(4)] (3) As used in this section:
(a) “Affordable housing” means affordable housing, as defined in ORS 197A.445, or publicly
supported housing, as defined in ORS 456.250.
(b) “Attorney fees” includes prelitigation legal expenses, including preparing and processing the
application and supporting the application in local land use hearings or proceedings.
SECTION 2.
The amendments to ORS 197.843 by section 1 of this 2025 Act apply to ap-
peals, including appeals for judicial review filed under ORS 197.850, that are filed on or after
NOTE:Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2151
SB 502
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the effective date of this 2025 Act.
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