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July 4th, 2007 BETH SLOVIC | News
 

Grapes of Cash

Lewis & Clark College owns thousands of acres in Eastern Oregon. If you think that's odd, read what the school might do with them.

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Portland's Lewis & Clark College is poised to subdivide a 3,600-acre parcel of agricultural land in Eastern Oregon into 19-acre "farmettes" tricked out with individual vineyards.

The would-be oasis along the Columbia River is 200 miles from the college, in Umatilla County. And, according to critics of the possible development, it's far from a natural fit in the water-thirsty region.

"It is shocking to us that a college like Lewis & Clark that does a lot of work in land-use planning and environmental law would propose this," says Robert Mautz, a Pendleton lawyer who used to own property near Lewis & Clark's land. "It violates every concept of land-use planning that we know of."

Mautz levels that charge at the liberal-arts college because the land, donated in pieces beginning in 1977 to Lewis & Clark by deceased benefactor R.W. Richmond, is zoned exclusively for limited farm use. But Lewis & Clark can challenge the county's land-use restrictions because of Measure 37, the voter-approved property-rights ballot measure that lets land owners claim damages from government regulations, or get waivers.

Five times larger than Portland's Forest Park, the land in question sits next to a rocky bluff with expansive views of the river. It has traditionally been used to raise cattle, not houses. (In recent years, the college leased portions to a rancher whose cows grazed there under a deal that netted the college "hundreds of dollars" a year, according to David Ellis, Lewis & Clark's general counsel.)

Now the college is trying to open up more money-making options for the land, a gift that was intended to generate funds for college scholarships. Lewis & Clark previously considered building a wind farm, before learning the site was ill-suited for generating wind power.

The college filed its Measure 37 claim for $20 million on the property in December, arguing that the county should waive the ban on farmettes on all of the college's 3,900 acres in the county.

Umatilla County commissioners responded in June by waiving that land-use restriction on 3,600 acres. The other 300 acres were donated to Lewis & Clark after the county enacted the regulations the college was asking the county to waive.

The county's only other option on the 3,600 acres would have been to compensate the college for reducing the land's fair market value, which the college says is $5,000 per acre, despite the fact that the farmland carries no water rights. At $5,000 per acre, the cost would be $18 million in a county that has an annual budget of $59 million.

It's the lack of water rights on the land that heightens a few neighbors' irritation.

High-dollar crops such as potatoes and carrots are staples of the economy and require vast amounts of irrigated water. And the proposal to build homes and "vineyard farmettes," as they are called in public records, threatens to diminish the region's critical water supply, according to Umatilla County Commissioner Larry Givens.

What to do with the land represents a bit of a PR dilemma for Lewis & Clark. Although Lewis & Clark's former law school dean, Jim Huffman, represented the pro-Measure 37 group Oregonians in Action, the law school is widely known for the kind of pro-environment progressivism that opposes such measures.

Lewis & Clark law professor William Funk wouldn't comment on the college's Measure 37 claim, but said the law is bad policy and "rewards people inappropriately."

The college still faces roadblocks for its "farmettes" proposal. For one thing, it must seek approval from the state for various parts of the plan. The future of Measure 37 itself is also in question, given that the Legislature has sent voters a proposed re-jigger of the law.

Ellis, the college's general counsel, also notes that the Measure 37 claim is not an outline for a concrete plan. It's a request to remove regulations that limit what's possible today, a list that used to include modest subdivisions.

"It's taken us 30 years to get this far," Ellis says. "Within the next 30 years, we'll get farther."

 
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07.04.2007 at 09:34 Reply
Would have Lewis and Clark benefited from the "oasis bill" to use Columbia River water for irrigation (ID gets 58% of Col. Riv. irrigation water, WA 32% and OR 7% as it stands) that GreenTed said he would veto due to some non-existant, it turns out, water compact with those two states? Peter Courtney never let the bill see the light of day in the Senate afrter it had passed the House....and if so, the nose has been removed to spite the face, and I find humour in that...ironic humour...

 

07.04.2007 at 03:43 Reply
HYPOCRISY! Lewis & Clark College HANG YOUR HEAD IN SHAME. The last thing on earth we need over here is "houses and farmettes" sucking dry what precious water we have. AND THE COLLEGE KNOWS IT. This is a disgrace, and the College should immediately take swift action to PROTECT the legacy land from this sort of environmental hazard! this is such a disgrace.

 

07.05.2007 at 06:42 Reply
Well, this is what they think of themselves:

http://www.top-law-schools.com/forums/tls164.html

"The most renowned program at the school is the highly regarded and ranked program in environmental law. Considered the nation’s best, the plethora of environmental law classes are divided up into two main areas: managing natural resources and pollution control. Courses focus on properly managing natural resources focus upon land and water usage restrictions and how to most effectively prevent environmental destruction. The pollution control classes focus upon regulating waste and pollution caused by industry. Theoretical lessons are best learned through practical implementation in the many environmental law clinics that Lewis & Clark Law School offer."

Maybe this is merely an academic excercise, however I'm inclined to see it as hypocrisy.

It is this statement that bugs me: "Courses focus on properly managing natural resources focus upon land and water usage restrictions and how to most effectively prevent environmental destruction."

Maybe Measure 37 really is a good model that achieves the above. If not, their actions are like the Sierra Club clear cutting lands given to them.

 

07.05.2007 at 08:05 Reply
Don't blame the law school for what the College does. The law school has no authority over the College, and they didn't ask us our opinion or even tell us they were doing this beforehand.

 

07.05.2007 at 09:38 Reply
Hey, this type of land use siting is not unusual in Umatilla County for even non-measure 37 EFU lands. Vineyards are where it is at for this group of Umatilla County Commissioners and the Planning Department regardless the present use or future conflicts with those established EFU uses. Who needs to eat when there is wind to drink?

 

 
 

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