Oregon Regulation of Development, Ballot Measure 49 (2007)

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Oregon Ballot Measure 49 was one of two ballot measures that appeared on the November 6, 2007 statewide general election ballot in Oregon. Measure 49 was a legislatively-referred ballot measure, approved as HB 3540 by the Oregon state legislature in response to its concerns about the impact of Oregon Ballot Measure 37, a citizen initiative approved by Oregon voters in 2004.

Aftermath

In 2011 the Citizens for Constitutional Fairness and individual landowners argued before the 9th U.S. Circuit Court of Appeals that they are entitled to compensation even though Measure 37 was later replaced by Measure 49. Measure 49 superseded Measure 37 by removing a provision for monetary compensation. Instead Measure 49 allowed for landowners to build up to 10 homes on the eligible properties.

Election results

a Measure 49 was approved by a majority of Oregon voters.

Oregon Measure 49 (2007)
Result		Votes	Percentage
a Yes		718,023	62.15%
No		437,351	37.85%

Text of measure

Modifies Measure 37; Clarifies Right To Build Homes; Limits Large Developments; Protects Farms, Forests, Groundwater.

Supporters and donors

Measure 49 was placed on the ballot by the Oregon state legislature--saving supporters the considerable time and expense of qualifying it for the ballot through citizen initiative.

Donations to the "Yes on 49" campaign include $1.2 million from the Nature Conservancy in Oregon, $1.025 million from Eric Lemelson, over $90,000 from 1000 Friends of Oregon and $50,000 from Paul Brainerd.

• See Donors to "Yes on 49".

Opponents

The main source of organized opposition to Measure 49 is through Oregonians in Action, an Oregon group that supports property rights. List of donors to Oregonians in Action.

Other opponents listed on the "Stop 49" website include the Oregon Cattlemen's Association, Oregon State Grange, Oregon Family Farm Association, Albany Chamber of Commerce, Beaverton Chamber of Commerce, Corvallis Chamber of Commerce, Hillsboro Chamber of Commerce, Medford Chamber of Commerce, North Plains Chamber of Commerce, Salem Chamber of Commerce, Washington County Businessmen's Association, Oregon Sportsmen Association, Hood River Agriculture, Forestry and Landowner's Association, Jackson County Farm Bureau, Josephine County Farm Bureau, Jackson County Stockmen's Association, Grant County Stock Growers Association, and the Taxpayer Association of Oregon.

Individuals opposing Measure 49 include James L. Huffman, Professor of Law, Lewis & Clark Law school; Former State Representative Roger Martin (Lake Oswego); State Senator Roger Beyer (Molalla); State Senator Larry George (Sherwood); State Senator Ted Ferrioli (John Day); State Representative Bill Garrard (Klamath Falls); State Representative Patti Smith (Hood River); State Representative Wayne Scott (Canby); and State Representative Brian Bowuist (Perrydale).

Legal challenges

On August 6, three Oregon property owners filed suit in federal court, saying that the measure's ballot title, explanatory statement and fiscal impact statement are "factually inaccurate, unfair and underhanded."

Measure 49 advocates lost a ballot title challenge on September 9th. The ruling by U.S. District Judge Ann Aiken said that the ballot would continue to have its current title on November 6th.

Opponents of Measure 49 say it guts the original law. They say the ballot title approved by the Democratic-controlled Legislature is biased because it emphasizes the preservation of farm and forest land but soft-pedals new restrictions on development.

NTU perspective

Measure 49 would weaken a property-rights initiative approved by voters in 2004, by restricting the circumstances under which property owners must be compensated when a state or locality changes land-use regulations for reasons other than public safety or health.

Language of Measure 49

Official language of initiative.

External links

• Stop 49
• Yes on 49
• 2007 Voter Guide
• 2007 Election Results
• 2007 Special Election Results
• 2007 Voter Guide
• Ballot commentary by Paul Jacob of Common Sense
• Larger Donors to Yes on 49
• Complete campaign finance report for "Yes on 49"
• No on Measure 49
• Oregonians in Action opposition to 49
• Legal analysis of 49
• 1000 Friends of Oregon
• Measure 49 wipes out property rights

See also

• List of Oregon ballot measures
• Oregon 2007 ballot measures
• 2007 ballot measures
• Procedures for qualifying an initiative in Oregon
• Laws governing the initiative process in Oregon
• Oregon Ballot Measure 37 (2004)

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