Measure 37 gut takes different form

From Oregonians In Action Alert 6/1/07:

The Oregon legislature’s Joint Ways and Means Committee approved additional amendments to House Bill 3540-B, the bill that would gut Measure 37.

Now that the Bill has been amended a third time, it will now be known as House Bill 3540C.

HB 3540C makes the following dramatic changes to Measure 37:

– If you have filed a Measure 37 claim, HB 3540C requires you to start all over again. Your claim, along with the time and money you’ve spent, will bewiped out, unless you can vest your rights to use your property before December, 2007.

– If you choose to refile your Measure 37 claim, you will be limited to a maximum of 3 new homesites, and you might not even get these! LCDC will decide how many homesites you qualify for, if any, will tell you where those homesites will go on your property, and will not allow homesites larger than 2 acres.
– If you choose to refile your Measure 37 claim, anyone can challenge your claim for any reason, no matter how frivolous, and even if you win, you will not recover your costs and attorney fees. The special interest groups that have made a living by suing property owners to stop them from using their land will have a field day with these amendments.

– If you have industrial or commercial property, or if you want to make a commercial or industrial use of your property, your claim is wiped out, and you get nothing. Not only that, you lose all protection against new land use regulations. It will be back to the old days, where your property could be taken without any opportunity for you to do anything about it!

– If a new land use regulation is adopted that takes your property, you will have to pay for lawyers and appraisers and jump through every hurdle the state and county can throw at you to get your property back. But what’s worse, you will also have to pay for the state and county’s lawyers and appraisers to try and defeat your claim! That’s right – they’ll take your property, and then charge you tens of thousands of dollars to give it back!

You would think that Governor Kulongoski and the legislature would have talked to the public about these changes, so the public would have an opportunity to comment on them. But these amendments were never presented to the public, who have been completely excluded from the backroom deals made with lobbyists in the Governor’s office that led to this bill.

And you would think that Governor Kulongoski would have worked with Democrats and Republicans to forge a bi-partisan compromise. But that hasn’t come to pass either. In fact, Governor Kulongoski has completely shut out Republican legislators from the process, and I fully expect that there will not be one Republican vote for this deeply flawed bill. That’s the way Governor Kulongoski makes a compromise.

There is one good piece of news, however. Despite twisting every arm he could, Governor Kulongoski could not convince enough legislators to make these changes on their own, and so House Bill 3540C will be referred to Oregon voters for a vote this November.

Because House Bill 3540C is so unfair and has so many significant flaws, it is unlikely that the bill will be approved by voters this November. But you can expect that the opponents of Measure 37 will say anything to win, regardless of whether it is true or not.

Remarkably, there is still time for someone with an ounce of common sense to convince Governor Kulongoski that playing partisan politics with people’s homes and property is not a good idea. If we can convince our legislators that House Bill 3540C is a bad idea, we can force Governor Kulongoski to work with all legislators to come up with a real solution that is fair to everyone….

If you have any questions, give me a call.


Dave Hunnicutt
Oregonians In Action
(503) 620-0258

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Posted by at 06:18 | Posted in Measure 37 | 12 Comments |Email This Post Email This Post |Print This Post Print This Post
  • Bellstar

    I was told that if this passes in November it will take one month to become law. So that is December 2007….then it will take until January for us to receive an application from the State. Then it will take a few months to get approval. So how in the world would anyone become vested by December??????? What is stopping people from going forward with there development…having your attorney draw up paperwork to keep your name on the contract until the new owners have built there house and then transfer….vested…the house is built. Or filing a lawsuit….didn’t Dorothy English do it and was successful.


    Hey, it’s your typical socialist politicians burying you in paperwork. Vote no to this initative when it gets to the ballot. Keep control of this state voters!

  • NME

    The politicians are quick to undo our rights, but slow in upholding them.

  • May Johnson

    Teddy the “K” needs to realize the people ARE important and to listen to them. It’s time he realized the peopler are in charge, not him. He’s an embarrassment.

    • Anonymous

      You are laboring under an illusion. The unions are in charge of the Governor’s office.

  • Jerry

    These idiot politicians are full of it. Fools all!!!!!! Dandies all.

  • Jesse O

    The bill does none of these things. The bill allows voters to decide whether they want these provisions in law.

    Why is OIA suddenly afraid of the will of the voters?


      The will of the voters should have been heard by the liberals to begin with. M-7 and M-37 passed overwhelmingly, so the answer would be that NO, they don’t want these provisions or we wouldn’t have said yes to the original ideas.

      • Anonymous

        And as soon as it went into effect, the deficiences of it became readily apparent and many who voted yes, realized it was bad news. many who thought they had claims, found out they didn’t. and most people realized it needs to be fixed. except those who can’t see past ideology. the vote on this by the people is needed

        • CRAWDUDE

          You’re possibly right, I wonder what your argument will be if this “fix” is voted down by the people? Will you support the same thing on the next ballot to “fix” it again? When does it end?

          Ideaolgy aside I voted M-37 in the form in which it was given, if I thought it needed to be fixed I wouldn’t have. This change doesn’t allow people to build the amount of housing on their land that they choose. It’s their land, they have a right to put as many houses on as they want. Some environmentalist should not have any say on it.

          Heck, I’ve seen arguments that people will be shoving too many houses in too small and area. Portland allows houses in 2500 sq. ft lots………….what a joke! No M37 developers are going to do that and I hear people whining, Portland does it and I hear none of those same people whining. Apparently some other people can’t see past their own ideology.

          I’ll be voting to keep M-37 the same, I believe the majority of Oregonians will see through this sham and do the same. We’ll see though 🙂

  • djranch

    Vest to use your property B-4 December 2007. What does that mean in plain english please?

    • Anonymous

      means you have to pull bulding permits and begin construction

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