Is There Hope on the Horizon for Measure 37 Claimants?

Is There Hope on the Horizon for Measure 37 Claimants?
Looking Forward Magazine Dec-2007
Oregonians In Action Education Center

The outcome of the election on Ballot Measure 49 has left many Measure 37 claimants asking this familiar question: now what?

Given how poorly drafted Measure 49 is, the answer to this question will be difficult to determine. Supporters of Measure 49 made many wild claims about the measure, despite what the actual language of Measure 49 says. Questions regarding the many ambiguities in Measure 49 will be answered over time by Oregon’s appellate courts.

But there is one question that is going to need to be resolved immediately. In Corey v. State of Oregon, the Oregon Court of Appeals rightly held that a decision by the government to modify, remove or not apply a land use regulation is a protected right that cannot simply be taken away from property owners merely at the whim of the government.

There is no doubt that Measure 49 attempts to eliminate all current Measure 37 claims. Measure 49’s passage raises a significant issue for current Measure 37 claimants: can the government — through Measure 49 — simply eliminate Measure 37 claims that are protected rights under the federal constitution?

The significance of the answer to this question should not be lost on anyone. If the Court of Appeals’ decision in Corey stands, then Measure 37 claimants cannot lose their rights, because those rights are protected by the constitution. Which would in turn mean that decisions made pursuant to Measure 37 would remain unaffected by Measure 49’s passage.

The Court of Appeals’ decision in Corey has been appealed to the Oregon Supreme Court and is currently under review. With the passage of Measure 49, the Corey case has taken on a whole new significance that could affect the rights of thousands of Oregonians with approved Measure 37 claims.

You can stay up-to-date on the status of the Corey case and other cases involving Measure 37 and Measure 49 by going to www.oia.org.

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Posted by at 06:00 | Posted in Measure 37 | 6 Comments |Email This Post Email This Post |Print This Post Print This Post
  • Anonymous

    It’s hilarious that oregonians in action say Measure 49’s language was vague when it clearly defined terms and gave guidance – as opposed to Measure 37’s lack of definitions, lack of procedural guidelines and lack of any substance. nice try dave h.

    • HeyStupid

      Measure 49 is not the issue stupid, “Oregon Court of Appeals rightly held that a decision by the government to modify, remove or not apply a land use regulation is a protected right that cannot simply be taken away from property owners merely at the whim of the government.” The government class loses if the decision is upheld.

    • Jack H. Swift, Esq.

      They who drafted Measure 49 were very crafty indeed. The intent was to regain land use control in the DLCD and to erase the land use waivers that had been generated under Measure 37. Measure 49 has effectively done that unless a successful legal challenge can be mounted on behalf of Measure 37 claimants.

      Decision on the Corey case will be critical but it may not be rendered before the time limits for 37 claimants runs out.

  • Debbie

    Neither 37 nor 49 are vague in language. The State of Oregon chose to interpret 37 in the worst possible way and changed what the people were trying to do in order to grab as much Oregon dirt as they could. They’ve stalled off with 49, which I’m sure they’ll interpert in the most restrictive way possible. At which point the voters will see the lies of 49.

    • Keno

      Interpretation of the law is unfortunately made by the person with the power to force it on others.

  • Jerry

    The politicos in Salem from both parties are all crooks. These measures prove it.
    Fools, dolts, commies all!

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