Voting 62% in favor in last November 2007’s statewide election, Oregonians chose to overturn a law that allowed developers to sue the government for hundreds of millions of dollars in damages for restrictive zoning regulations.
Their vote overturns the November 2004 approval by state voters of Measure 37, which simply stated, allowed developers to demand huge payments from the taxpayers anytime the government limited what developers could do with their land.
The group that originally sponsored Measure 37, Oregonians In Action, has posted a furious rebuttal to the turnabout by the voters. Read it at http://www.oia.org/ApartytoTyranny.htm
The campaign to pass Measure 37 masked the true beneficiaries of the proposal. Ads prominently featured a 92 year old grandmother who had been prevented from breaking up her land to give to her children. But the real beneficiaries of Measure 37 were big landowners, who, in
Coming up in the June 2008
Proposition 98 is similar to Proposition 90 and also aims to wipe out rent control. http://www.sos.ca.gov/elections/bp_06032008_direct_primary/prop_98.pdf
Proposition 99 is only aimed at halting the ability of the government to forcibly buy private property to sell to developers. http://www.sos.ca.gov/elections/bp_06032008_direct_primary/prop_99.pdf
See http://www.yeson49.com/2007/08/maps.html for maps of FOR MORE INFORMATION ON THE OREGON DEVELOPER WINDFALL LAW:
FOR MORE INFORMATION ON THE OREGON DEVELOPER WINDFALL LAW:
See http://www.yeson49.com/2007/07/oregon_stories.html for stories on local effects of Measure 37.
(a summary from http://en.wikipedia.org/wiki/Oregon_Ballot_Measure_37_%282004%29)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
As of March 12, 2007, 7,562 Measure 37 claims for compliance payments or land use waivers had been filed spanning 750,898 acres statewide in
The claims filed include mobile home parks in sacred native burial grounds, shopping malls in farmland, and gravel pit mines in residential neighborhoods. There are no provisions in the law that public notice must be provided to neighboring property owners when a claim is filed. Because municipalities can not afford the billions in compensation, the laws have been waived in every case. (See: http://www.pdx.edu/media/i/m/ims_M37brainerdreport.pdf for more information.)
in 2007, the
This measure protects farmlands, forestlands and lands with groundwater shortages in two ways.
First, subdivisions are not allowed on high-value farmlands, forestlands and groundwater- restricted 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.
Measure 37 hammers
Some of city’s richest make land-use claims, which now total $250 million
The city of
“It’s our worst fears, it really is,” said Chris Dearth, who heads the city’s Measure 37 program. “It affects all parts of the city. … Many, many neighborhoods will be seriously affected by this.”
Measure 37, approved by voters in 2004, allowed landowners to file claims for compensation for decreased property value caused by regulations. The influx was prompted by a Dec. 4 deadline to claim past damages.
The claims undermine the city planning process and could “change the face of the city,” Dearth said.
It’s not just the dollar figure and the potential impact to
“It’s a whole new ball game,” Dearth said. “It’s not the mom and pop, Dorothy English-style claim anymore.”
The biggest claim, filed by Zidell for his South Waterfront properties, is for about $120 million. He has put his claim on hold while he negotiates with the city over his development plans. …
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