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is there anybody in Oregon who doesn't recognize how bugus the Dorothy English campaign was?

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im curious. what exactly is this measure 49 and who/what will it effect if passed?

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The law enacted by Measure 37 allows property owners whose property value is reduced by environmental or other land use regulations to claim compensation from state or local government. If the government fails to compensate a claimant within two years of the claim, the law allows the claimant to use the property under only the regulations in place at the time he/she purchased the property

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Explanatory Statement
Ballot Measure 37 (2004) requires governments to pay landowners or forgo enforcement
when certain land use regulations reduce their property values. This measure modifies Measure
37 to give landowners who have filed Measure 37 claims the right to build homes as
compensation for land use regulations imposed after they acquired their properties.
Claimants may build up to three homes if allowed when they acquired their properties.
Claimants may build up to 10 homes if allowed when they acquired their properties and
they have suffered reductions in property values that justify the additional home sites.
This measure protects farmlands, forestlands and lands with groundwater shortages in
two ways.
First, subdivisions are not allowed on high-value farmlands, forestlands and groundwaterrestricted
lands. Claimants may not build more than three homes on such lands.
Second, claimants may not use this measure to override current zoning laws that prohibit
commercial and industrial developments, such as strip malls and mines, on land reserved for
homes, farms, forests and other uses.
Also, this measure expands homebuilding rights under Measure 37 in two ways.
First, it extends homebuilding rights to surviving spouses whose claims are not eligible for
compensation under Measure 37.
Second, it allows claimants to transfer their homebuilding rights to new owners, a right not
clearly provided by Measure 37. The new owners must exercise their homebuilding rights within
10 years.
Claimants will be notified of their options to build homes under this measure within 120
days after this measure takes effect.
Claimants who have received land use waivers under Measure 37 are entitled to
complete developments under the provisions of Measure 37 if they have established vested
rights to do so.
To streamline the approval process for small claims, this measure provides that those
who choose to apply for up to three homes need only show they had the right to build the
homes they are requesting when they acquired their property.
To validate larger claims, this measure requires those who choose to apply for four to 10
homes to show they had the right to develop the homes they are requesting when they acquired
their property and that they have suffered a loss of value from prior regulations that justifies the
number of homes requested. Appraisals are required to establish such reductions in value. The
costs of appraisals and other costs of preparing claims may be added to the calculation of
reduced values, up to $5,000 per claim.
This measure establishes an ombudsman to help landowners who request assistance
with their claims.
This measure modifies Measure 37 for compensation claims that arise from land use
regulations in the future. It authorizes such claims based on regulations that limit residential
uses of property or farm and forest practices, requires documentation of reduced values and
provides for proportionate compensation when such reductions in value occur. Property owners
will have five years to file claims over regulations enacted after January 1, 2007.
This measure will be effective 30 days after approval by the voters.

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Ahh. I guess somebody IS buying this crap.

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And since when does the legistature pass initiatives by the Secretary of State of State or the Supreme Court for prior approval?

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In the 2000 election cycle, sponsors filed 166 initiatives with the Secretary of State to begin the process of obtaining an official ballot title. The Attorney General has five working days to write the 15-word-or-less title plus a summary collectively known as the ballot title. The ballot title appears on the ballot and in the Voters’ Pamphlet. Any registered voter may comment on the draft ballot title and, if dissatisfied with the final version, may appeal it to the Oregon Supreme Court. Once all challenges have been exhausted, the chief petitioners may submit cover and signature sheets to the Secretary of State to obtain approval for circulation.

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"7000 families will immediately lose their property without a dime of compensation"

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And since when does the legistature pass initiatives by the Secretary of State of State or the Supreme Court for prior approval?

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From today's Oregonian

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Why I support Measure 49.


Lars I need some help, I find myself in unfamiliar territory support a measure that inherently contradicts my conservative/ libertarian leanings. Starting with a bit of background. I am a solid conservative, less government, welfare is unconstitutional, Portland City Counsel Sucks, cigars with Lars good. Been to three so far. My family owns property in the Airport industrial district that was a perfect measure 37 claim. City without notice cut our property down the middle with a sparpie pen and made half of a 20 year fenced, graveled yard into an environmental transition zone, so we were unable to build on it without environmental mitigation. That being said, on to measure 49.



When I signed on to measure 37, I did so for Dorothy English, for claims like ours, and all the other little people who consistently get screwed by government because we lack the resources to fight them. However in retrospect, I did not consider the overall impact of what developers and large land owners were going to do under measure 37. I unfortunately feel measure 37 has opened a Pandora’s Box that will destroy the characteristics that make Oregon …Oregon. When I read the Oregonian (online) article the other day “bulldozers roll to outpace vote” it made me physically ill to think an Oregonians would go so far out of their way to adversely effect their neighbors and their community just for the pure motive of money, I thought the prime example of just how disgusting those who are taking advantage of Measure 37 lies in Pete Mountain Road Wilsonville development in a water sensitive area. A project that would SO adversely affect their neighbors, their community and the environment that it doesn’t seem like something a Oregonian would do but something a Californian would do. Measure 49 is not perfect but I think it provides a stop gap for the abuses of measure 37 and allows for the spirit of 37 for which I voted for.



Another reason I support Measure 49 is because I disagree with your position that a person has ultimate right of neither your property nor that people buying their property 50 years ago for investment speculation. This is not Houston or L.A. where unfettered property rights have created such sprawl and chaos that I as an Oregonian can barely set foot there. Oregon has a characteristic that needs protecting and nurturing from the influx of Californians that have already destroyed their own state, which they are coming here to destroy ours. I also do not buy the argument that people bought their property 40-50 years ago because they intended to build sub-divisions in the middle of hood river orchard area. They bought the orchard land to grow things and for no other reason then that. It is only a recent phenomenon that people have visions of land rights that include converting orchard to sub-divisions, Forest land to Sub-divisions, and generally doing anything their hearts desire to your property. Unfortunately money corrupts. It corrupts the people, the community and the state. People are waving huge amounts of money around convincing people that they are entitled to millions by either the market place or the state. I am fed up with this is a property rights issue. There are no absolute rights in this country, this state or for any community. Free speech is not completely free. There are no absolute Guns rights, In fact I can not think of any right that is considered Absolute, beyond the right to pay your taxes. Measure 37 is giving the impression the a persons property rights are absolute, I think Measure 49 rightfully puts the require restraint on measure 37 abuses. It is not perfect and certainly can be amended later down the line. It is beyond me why people can not write a perfect bill. Besides, I personally want less people in this state then more

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I'm proud of you, my boy.

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Originally posted by ftmyersfisherman:
to me, it sounds like measure 49 is a bad thing. anything that allows for environmental protection of property while also compensating the property owners seems like a win/win situation to me.

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It will fail because in Oregon people here HATE having to repeat themselves.

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Originally posted by artlo:
Do you feel that the Yes on 49 ads have been well-composed. I do not. ... I would have been happier to see them focus more on the flat-out lies and dishonesty