 |
|||
|
|
May/June 2007 Oregon’s Measure 37 is in Battle Again by Bill Moshofsky, Oregonians in Action’s Ballot Measure 37 was approved by over 60 percent of Oregon voters in 2004, after Measure 7, a similar initiative approved by 53 percent of Oregon voters in 2000, was thrown out by the Oregon Supreme Court. Measure 37 requires state and local governments to either compensate landowners for “regulatory takings,” or to waive the regulations. The Measure provides relief from future land use regulations, and some relief from regulations imposed in the past. Generally, no compensation is being paid for regulations imposed in the past, but waivers are being granted to living landowners with respect to regulations imposed after they acquired their land. Measure 37 exempts regulations imposed to prevent nuisances and to protect health and safety, and regulations required by the federal government. Oregonians In Action, a grass roots organization, has been fighting for years to secure relief for landowners who suffer from the most restrictive land use regulatory system in the nation. For example, almost 97 percent of all private rural land in Oregon is zoned into highly restrictive “farm” and “forest” zones without regard to productivity of the land, economics, or the rights of the landowners. Of the 16 million acres zoned “Exclusive Farm Use,” less than two million acres are “prime” farm land and less than five million acres are actually suitable for farming—the other 11 million acres are useful only for grazing at best, which generally produces little income on a per-acre basis. In those zones, the state has imposed 80-acre minimum parcel sizes, and virtually outlawed rural dwellings and other developments. Basically, it is “open space” zoning. The state used farm and forest zoning to achieve the open space objective. After minimal success in securing relief in the legislature, Oregonians In Action has sought and secured some relief under Measure 37. But supporters of the Oregon land use system are now fighting Measure 37—in the courts, in the legislature, and in the media. Fortunately, the Oregon Supreme Court unanimously rejected an attempt to challenge the constitutionality of Measure 37. However, the state’s Attorney General has issued a “letter of advice” that says Measure 37 claims are “personal” to the claimants, so that only the claimants can “use” the rights restored to them. If the claimant transfers the property, all the regulations the claimant got rid of under Measure 37 will “spring back” on the property. This is ridiculous, but it’s a problem the courts or the legislature must clarify. Now, the Governor and many legislators are trying to pass legislation that would severely limit the number of parcels and dwellings or other developments that Measure 37 claimants can secure. Unfortunately, most of the news media are grossly overstating or misstating the impact of the measure, and opponents of the measure are aggressively lobbying for repeal or severe limits. Oregonians In Action is fighting back. We are mobilizing thousands of Measure 37 claimants and property rights supporters. We are seeking support from other organizations. We are countering adverse media as much as we can. Unfortunately, Democrats (most of whom are from urban areas) have the Governorship and control both the House and the Senate. It’s an uphill battle but we are trying hard to defend Measure 37, and have some hope that a compromise package can emerge—with some limits on 37 claims and clarification of the “transferability” issue and other issues that have hampered claimants. Standing Ground is published by: Stewards of the
Range, American Land Foundation & Liberty Matters |
||
|
|
|||
|
|
|||