Law Would Freeze M37 Claims till Summer

The follwoing is a press release, 2-5-07, from Measure 37 Claimants for Fairness:

MEASURE 37 CLAIMANTS FOR FAIRNESS INC.
www.M37Fairness.org

New Legislation Would Put Most M37 Claims On Hold Until End Of Legislative Session

Wilsonville, OR. — A bill significantly limiting Measure 37 claimants’ rights was introduced today in the Senate of the Oregon Legislature. Senate Bill 505, co-sponsored by Democrats Senator Floyd Prozanski of Eugene and Representative Greg Macpherson of Lake Oswego, would place a hold on virtually all Measure 37 claims not involving the siting of a rural single-family home. Measure 37 Claimants for Fairness, the primary group representing claimants throughout Oregon, calls the bill “unfortunate and illtimed.”

“Senate Bill 505 is an unfortunate and ill-timed attempt to usurp the will of the voters,” said Jim Zupancic, President of Measure 37 Claimants for Fairness. “The so-called “˜express line’ for rural single family residences does not exist. The bill would preserve the Measure 37 rights of a few claimants outside of an urban growth boundary at the expense of every other claimant. If this bill passes, almost every Oregonian who has for the past two years relied on Measure 37 will be stuck in limbo.”

Senate Bill 505 freezes Measure 37 claims except for those who have obtained both a waiver and building permit by January 1, 200, a judicial proceeding filed before the effective date of the bill, or a person who agrees to build no more than a single-family residence outside of an urban growth boundary. Furthermore, a claimant seeking to enter the “express line” to site a single family residence would be required to sign a waiver of any other Measure 37 rights.

“The bill and its supporters seem to believe that the voters of Oregon did not know what they were doing when they passed Measure 37. The voters of Oregon deserve more credit than that and their decisions deserve more respect from elected representatives,” said Zupancic.

Measure 37 Claimants for Fairness plays a unique role in the Measure 37 debate. The Association does not take a position on the merits of any specific claim, but will pursue its primary mission to support and defend the current law as passed by an overwhelming majority of Oregonians.

To learn more, please contact Jim Zupancic at 503.277.9906 and visit the Association’s website at www.M37Fairness.org.

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Posted by at 06:00 | Posted in Measure 37 | 12 Comments |Email This Post Email This Post |Print This Post Print This Post
  • Jerry

    If this “bill” passes then we may as well forget all about any sort of fair governance in Oregon. These people proposing this bill are just plain wacked out. Fools. I don’t know what else to call them. I am very troubled. They should be ashamed, but are not.

  • Captain_Anon

    this is a good bill for now. It allows the legislature to come to grips with what’s going on around them and problems solve together to find the best solution for the state. There needs to be uniformity to the processing and elements of the claims, and there desperately needs to be appropriate time for the jurisdictions to properly evaluate them – which there currently is not. This bill doesn’t stop the claims process, doesn’t kick people out of the process. It helps the local jurisdictions have enough time to process the claims and work with the claimants to make sure they have everything they need. if the state doesn’t pass this, then all the tax payers in oregon are going to be paying a lot of money needlessly to lawyers to represent the government when money hungry attorneys start to take the cities and counties and the state to court simply because it took 180-days to process a claim – valid or invalid. and i can’t see any justification to let that happen. that affects all of us, and all those on this board who hate government waste.

    Jim Zupancic is completely politicizing this when it doesn’t need to be and its hurting all oregonians. the legislatures are trying to work within the system and come out with a solution that works. the bill would help clear the vagueness of the law without the time consuming process of going through the courts. it would get those individuals the measure was mainly aimed at the dwelling they have been wanting and certainity of its legality so that banks and other institutions would actually lend money to build. as it is, because everything is so up in the air, measure 37 claims aren’t going anywhere until the courts start making decisions and those decisions start to make their way up to the supreme court so that they apply to the entire state. currently, and for the next couple years, every M37 claim IS ALREADY IN LIMBO. this would help some move forward.

    • Chris McMullen

      Cappy, seems you’re making up stuff just to support this bill.

      M37 is very cut and dried. Once a claim is filed, all the city/county has to do is check the zoning and ownership of the claimants’ property to see if it qualifies. If it does, then either compensate the owner or change the zoning so he/she can develop it.

      SB505 is nothing more than leftist pandering to enviro-kooks.

      • Captain_Anon

        Actually Chris, it’s not. if you or anyone you know actually handled a claim or dealt with them, then you’d know just how NOT cut and dry they are. From claimants submitting completely inadequate materials, to difficult legal questions. most of the m37 claims are difficult.

        this bill is to help those that ARE cut and dry, and move them forward. The ones that are difficult and have legal questions hanging over thier heads would be the ones that would be put on hold while the legislature trys to figure out how to make the process smooth and wrap up loose ends.

        Also note, the law does not allow for changing the zoning. Only waiving certain aspects that reduce the value. so not even all the zoning is to be waived.

  • Ginny Brewster

    ARE YOU CONCERNED ABOUT YOUR PROPERTY RIGHTS?????

    ARE YOU CONCERNED ABOUT THE REFERENDUM PROCESS?????

    We have a new joint committee to study what to do or how to block Measure 37. They apparently need to do this because they do not have enough other important things to do! I can think of several things that our legislature could work on such as saving PERS from bankrupting Oregon, get rid of our huge drug problem, pass human service reforms, solve our voter registration integrity, illegal immigration, improve health care, restore DNA crime labs, and balance the state budget, not to mention school funding.

    Our elected leaders, the one’s that are suppose to represent us, have decided that the people of Oregon are too DUMB to understand what they have voted for!!! We really didn’t understand Measure 37? Over 60% of the people voted for measure 37.
    THIS IS ALSO ANOTHER CHALLENGE TO THE REFERENDUM PROCESS.

    Despite the fact that the opposition to measure 37 spent 3 million dollars to convince us otherwise; Measure 37 did not create “run away development” nor did it give back property rights to people who had owned their property for over 30 years. The right to transfer with building rights was not included for even one building site with an original lot of record. With recent subdivision laws, setbacks, road, water and sewer requirements it is almost impossible to have any extensive sub-divisions.

    IF YOU AGREE PLEASE CALL ALL THE COMMITTEE MEMBERS and your Senator and Representative LISTED BELOW! All addresses are the same except for Room # xxx
    900 Court St. NE Salem OR 97301

    1. Senator Floyde Prozanksi D-4 Co-Chairman [email protected]
    503-986-1704 Room S-319 37 Passed – 54% to 46%

    2. Representative Greg MacPherson, Co-Chair D-38 [email protected]
    503-986-1438 Room H-385 37 Failed – 47% to 53%

    3. Senator Larry Geroge, Vice-Chair R-13 [email protected]
    503-986-1713 Room S-215 37 Passed – 63% to 37%

    4. Representative Bill Garand, Vice-Chair R-56 [email protected]
    503-986-1456 Room H-484 37 Passed – 75% to 25%

    5. Senator Roger Beyer R-9 [email protected]
    503-986-1709 Room S-217 37 Passed – 68% to 32%

    6. Senator Betsy Johnson D-16 [email protected]
    503-986-1716 Room S-314 37 Passed – 64% to 36%

    7. Senator Kurt Schrader D-20 [email protected]
    503-986-1720 Room S-209 37 Passed – 66% to 34%

    8. Representative Patti Smith R-52 [email protected]
    503-986-1453 Room H-291 37 Passed – 66% to 34%

    9. Representative Arnie Roblan D-9 [email protected]
    503-986-1409 Room H-292 37 Passed 69% to 31%

    10. Representative Brian Ciem D-21 [email protected]
    503-986-1421 Room H-278 37 Passed – 60% to 40%

    Information from GINNY BREWSTER 503-794-2737 [email protected]

  • Homer12

    Measure 37 is more than a measure my friends, it is the people’s will.

    • Captain_Anon

      Many people who voted for it no longer like it… such as the Farm Bureau and it’s members… I HIGHLY doubt that measure 37 as written would pass with more than 55% of the vote. it might even fail now because people can see the problems that have stemmed from it. but of course, i don’t have study’s to back that up. it would be interesting for a scientific study to be done to see if people still support it as they did previously.

  • John Paulin

    The measure 37 law is very well written and the people that voted for it “DID” know what they were voting for. Don’t try and make the voters of Oregon appear to be ignorant, they are not.

    The reason the process “seems” to be confused and in turmoil is because the people who oppose it have been doing everything in their power to put up roadblocks and confuse the process, to make it appear there is a big problem. The big problem is the people who cannot accept the fact that it is the law, legally voted into law.

    People should accept the fact it is the law, now help make it work instead of trying to force your agenda on others.

    • Captain_Anon

      it’s very ignorant to think that everyone who processes M37 claims or is involved with them is opposed to the law. you obviously haven’t dealt with claims or know anyone who has. so you really don’t know if it’s easy or not. take a look at all the lawsuits out thre involving claims. there are difficult questions to be answered. and they haven’t been answered yet

      • John Paulin

        I don’t recall saying “everyone who processes M37 claims or is involved with them is opposed to the law.”
        Where did that come from?

  • Jerry

    There are no difficult questions to ask. Just follow the law. If you don’t like the law then work to change it, but follow it now as it is written.
    Fools.

    • Captain_Anon

      Jerry, that’s the whole point. the law is not clear. so governments are getting sued. here are some examples:
      1. person who has had a lease on farm land for 15 years and has farmed it has filed a claim to build a house. he’s suing the government for sayin no.
      2. family members formed a corporation and put mom and dad’s land into a trust, then a corporation. government said that was a change of ownership (under corporate law it is). kids sue government
      3. owner buys land under contract and eventually gets deed. however, both the land and the contract have a clause that the sellers have an exclusive right to use the land until they die. they die in the early 2000’s so owner never had a right to use the property. owner now sues government to divide and build.
      4. owner wants to divide steep, hilly terrain into 100 or so lots. government says that never would have been approved back in the day, and has proof. owner refuses to submit any informaiton whatsoever to the county. county denies claim. owner sues. and loses in court. plans to appeal

      there are many more examples. people are suing the government and raising difficult legal questions. and the taxpayers pay for it because the people are suing the government for following the law. you and i are paying for it jerry.

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