PASSED:  OREGON MEASURE 37 11/2/04 - Governments must pay owners
or forgo enforcement, when certain land use restrictions reduce property value

ELECTION DAY IN OREGON: 
A STUNNING VICTORY FOR PROPERTY RIGHTS WITH 
NATIONAL IMPLICATIONS

"Oregon voters approved measures Tuesday that will shake the foundations of the state's 30-year-old land-use planning laws...In a state better known for its planning than for its sports teams, approval of a sweeping property rights measure signals a major shift in attitude.  Politicians can no longer rely on regulations to mold the type of communities they want -- not without public buy-in or the money to pay off nonbelievers." (The Oregonian, Portland)  

It passed with 60 percent of the vote!  And this with John Kerry getting 51 percent of Oregonians' votes.  Even Democrats have had it with oppressive zoning and planning.  It passed by 51 percent in Multnomah County, the epicenter of land use control around Portland (which voted 72 percent for Kerry).  It passed EVERY COUNTY in Oregon except Benton (Oregon State University in Corvallis), barely failing there with a 51% no vote.

Ballot Title ; Text of Measure ; Explanatory Statement ; Arguments: in Favor ; Opposition  
In favor:  Oregonians in Action  ;  Opposed:  Take a Closer Look   GetRichQuickWith37   
Campaign Contributions: Oregonian 10/7/04  Sec of State Reports [search by "Election year 2004" and "Ballot Measure 37"]
FOR UPDATES:   Google Searches:  General  News  Oregonian  

GENERAL EVENT CHRONOLOGY AND MEDIA LOG

DATE COMMENTS
2/21/06 Court upholds Measure 37 - LAURA OPPENHEIMER - Oregonian - Oregon's Supreme Court has resuscitated the controversial property rights law that could redefine rural Oregon.  Measure 37 did not violate state and federal constitutions as a lower court thought, justices said this morning in a sweeping, unanimous opinion.  Their decision -- which will be dissected across the nation -- jump-starts more than 2,500 applications to develop land controlled by government regulations.  More articles!   The Decision
10/15/05 Judge razes Measure 37 land law - Property rights - The ruling, which will be appealed, says the voter-approved law violates Oregon's constitution - LAURA OPPENHEIMER - Oregonian
12/11/04 Oregon protects traditional landowners - PAULA EASLEY - Anchorage Daily News - When government "takes" a portion of your land to, say, preserve wetlands or wildlife habitat, it must compensate you for the property's reduction in value or waive the restriction on use -- if you live in Oregon. If you live in Alaska or most other states, you have no recourse unless "all" economic use of the property is taken.
11/26/04 Property Rights Law May Alter Oregon Landscape - NY Times - FELICITY BARRINGER - "In Oregon, they're serious," said Michael M. Berger, a partner in the Los Angeles law firm of Manatt, Phelps & Phillips. "It helps make people sit up and take notice that this is something they have to deal with. This is a big shock to the body politic - it's a very red-state thing to do, and Oregon is very blue, so this shows it cut across everyone."  Both sides expect the measure to survive judicial scrutiny, and the state and local governments are to start fielding claims on Dec. 2. If claims are found to be valid and the government will not or cannot pay, it must instead waive any restrictions that went into force after the owners - or their parents or grandparents - acquired the land...The success of the ballot measure has led advocates of planning to do some soul searching. It won a majority in all 35 of the state's counties except the one that encompasses Corvallis and Oregon State University and got a thin majority even in the progressive city of Portland..."There is a resentment in rural areas of urban policy makers and the urban elite."
11/15/04 Andy Parker - Oregonian - Wake-up call on land use went unheeded
11/9/04 Paying for Property [editorial] - Wall Street Journal - Property rights may not draw as many headlines as gay marriage, yet we'd like to draw readers' attention to an important initiative that Oregonians approved last week. The measure is proof that voters can make sensible decisions on even emotional environmental issues. It's also a precedent for land owners that could spread to other states.
11/7/04 EDWARD WALSH and JEFF MAPES - VOTING IN A BUBBLE - Oregonian - The political gap between Multnomah County and the rest of Oregon has never been greater than it was in Tuesday's election, and that divide is growing as Portland and other U.S. urban centers continue to trend more liberal and Democratic than the suburbs and rural areas.
11/7/04 LAURA OPPENHEIMER - Lines drawn on land use put victory within reach - Oregonian - A well-financed opposition is ineffective against an emotional campaign, and the result may undo Oregon's planning culture
11/5/04 ALEX PULASKI and MICHAEL MILSTEIN - Farms, timber interests look to next steps - Oregonian - HOOD RIVER -- Tuesday night, when it became clear that Measure 37 would pass and potentially rescue Gail and Scott Hagee from a pool of farming debt, they invited a neighbor over to celebrate.
11/4/04 JEFF MAPES - Voters again prove Oregon in neither party's pocket - Oregonian - As they have often done, Oregon voters Tuesday straddled both sides of the political divide, favoring Democratic candidates while embracing Republican positions on ballot measures.
11/4/04 LAURA OPPENHEIMER - Victory gives Oregon pause on land goalsLAURA OPPENHEIMERA day after voters resoundingly passed Measure 37, frustrated landowners pictured the dream houses they've fought to build or the businesses they've longed to launch.
11/4/04 Diane Dietz - Vote leaves environmentalists fearing we're not green - Register-Guard (Eugene)
11/3/04 BILL GRAVES - Oregonians vote against land rules, gay marriage - Oregonian - Oregon voters approved measures Tuesday that will shake the foundations of the state's 30-year-old land-use planning laws and ban same-sex marriage.
11/3/04 Measures 36 and 37: a step back - Oregonian - Voters pushed Oregon a step backward by passing the two most significant and unfortunate measures on the statewide ballot. They supported Measure 36, a constitutional ban on same-sex marriages, and Measure 37, a colossal change in property rights.
11/2/04 Election returns by county - Yes 1,011,044   60.48%  ;  No 660,599   39.52%
10/29/04 LAURA OPPENHEIMER - Land-use philosophy on the line in measure - Oregonian - Oregon's untouched farmland and bustling neighborhoods come at a price, and voters may name it Tuesday - If Measure 37 passes, some local governments couldn't afford to uphold regulations that have come to define Oregon values
10/7/04

Measure 37: Property compensation - Oregonian - WHAT IT WOULD DO - The measure would create a state statute requiring governments to compensate property owners when regulations reduce the value of their land. Governments could avoid payment by modifying or repealing the regulation. The law would apply to land-use regulations enacted after the owners or a member of their family bought the property.   Measure 37: Campaign cash 

10/7/04

LAURA OPPENHEIMER - Property compensation fight - Oregonian - Fans seek relief from land-use decisions; foes see attack on planning

10/7/04 LAURA OPPENHEIMER - The people: Landowners take sides on Measure 37 - Oregonian - People on both sides of Measure 37 say it would affect their communities, neighborhoods and back yards. 
10/4/04 JIM KELLY - Measure 37: Understanding the responsibility of loving Oregon - Oregonian - I believe that with love comes responsibility -- in this case, the responsibility to protect Oregon from another poorly written initiative designed to decimate our land-use planning: Measure 37.
9/20/04

LAURA OPPENHEIMER - Initiative reprises land battle - Oregonian - SISTERS -- Barbara and Gene Prete bought their 20 acres of bliss in 1990, envisioning a horse barn and farmhouse in the shadow of hulking slate-colored mountains.  MEASURE 37  

9/6/04 ARDIS STEVENSON - Measure 37 strays from constitutional protections - Oregonian - Measure 37 strays from those constitutional protections by redefining the actions that might require compensation. The ballot measure replaces "all substantial or economically viable use" with "reduced property value."

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Tel: 360-687-3087
FAX: 360-687-2973

 

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