Bertsch v. Dept. of Land Conservation and Development, 287 P.3d 1162 (Ore. Ct. App. 2012)

(appeal from circuit court review of administrative opinion denying just compensation for landowners due to environmental law prohibiting additional home-building; just compensation allowed waiver of post-acquisition land use regulations resulting in approval of up to three permits for homesites on property; just compensation premised on petitioners’ authorization for additional dwellings at the time of acquisition under existing laws; petitioners, however, were unable to establish they planted perennials capable of generating $10,000 in annual gross income which is a statutory prerequisite for entitlement to dwelling on less than 20 acres; court held petitioners were required to establish prerequisites were met prior to change in law; just compensation did not allow entitlement to attempt to meet historical standards;  circuit court order reversed and agency decision reinstated).