Oregon Ballot Measure 39, Limitations on Eminent Domain (2006)

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Oregon Ballot Measure 39 was on the November 7, 2006 ballot in Oregon as an initiated state statute. It was approved.

Measure 39 prohibited any public entity in Oregon from using eminent domain to condemn privately-held land or buildings when the action would simply transfer the property to another private party.

The proposal was one of 12 eminent domain-related ballot measures throughout the country on the 2006 ballot.

Election results

Measure 39
Approveda Yes 881,820 67.1%
Election results from Oregon Blue Book website, accessed December 13, 2013

Text of measure

Ballot title

The official ballot title for Measure 39 was:

Prohibits Public Body from Condemning Private Real Property If Intends to Convey to Private Party[1][2]


The official ballot summary was:

The Oregon Constitution allows public bodies to condemn real property required for a public purpose, requires compensation to property owner. Statutes permit owner to challenge amount of compensation in court. Measure prohibits public bodies from condemning private residence, business establishment, farm, or forest operation if government intends to convey all or part of the property to another private party. Measure excludes property condemned as dangerous to health or safety, or for transportation or utility services; allows government to lease condemned property for accessory retail uses. Requires court to decide whether public body unlawfully intended to convey the property to another private person. Expands rights to attorney fees and costs if court prohibits condemnation or if compensation awarded is more than government's initial offer. Other provisions.[3][2]

Financial impact

The official estimated financial impact statement was:

This measure could require annual state budget expenditures of approximately $8 million to $17 million a year.

This measure has no financial effect on state government revenue.

This measure could require local government expenditures of between $8 million to $13 million a year.

This measure has no financial effect on local government revenue.[3][2]

Full text

The full text of the legislation proposed by Measure 39 is available here.

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This historical ballot measure article requires that the text of the measure be added to the page.



Ross Day and David J. Hunnicutt supported measure 39.


The campaign for Measure 39 was largely financed by Oregonians In Action, a political action committee that in 2004 successfully supported Oregon Ballot Measure 37.

The Oregon Family Farm Association PAC, which contributed more than half of the money in support of ballot measure 39 and nearly all of the money in support of ballot measure 40, received 82 percent of its funding from seven donors, including Loren Parks.

Of the $622,160 the Family Farm Association PAC raised, 82% came from seven donors: Loren Parks $200,000 (32.1%); Norman Brenden and Swanson Group, Inc. $60,250 (9.7%) each; A-Dec Dental Equipment and Seneca Sawmill Company $51,250 (8.2%) each; Hire Calling Public Affairs (Jeld-Wen) and Columbia Helicopters/Wes Lematta $43,750 (7.0%) each.


Measure 39 had garnered no organized opposition. Unions and lawyers dominated fundraising in opposition to Measure 40.

See also

External links

Suggest a link


  1. Oregon Blue Book website, accessed December 13, 2013
  2. 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
  3. 3.0 3.1 Oregon Secretary of State, Measure 39 voter guide, accessed December 13, 2013