Difference between revisions of "Oregon Regulation of Development, Ballot Measure 49 (2007)"

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{{TOCnestright}}{{Property}}'''Oregon Ballot Measure 49''' was one of two [[ballot measure|ballot measures]] that appeared on the [[Oregon 2007 ballot measures|November 6, 2007 statewide general election ballot]] in [[Oregon]]. Measure 49 was a [[legislative referral|legislatively-referred]] ballot measure, approved as [http://measure37.com/HB3540%20Enrolled.pdf HB 3540] by the Oregon state legislature in response to its concerns about the impact of [[Oregon Ballot Measure 37 (2004)|Oregon Ballot Measure 37]], a citizen initiative approved by Oregon voters in 2004.
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{{Property}}{{TOCnestright}}'''Oregon Ballot Measure 49''' was on the [[Oregon 2007 ballot measures|November 6, 2007 statewide general election ballot]] in [[Oregon]] as an {{lrsfull}}. It was '''approved'''.
  
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Measure 49 legislation  by the Oregon state legislature as [http://measure37.com/HB3540%20Enrolled.pdf HB 3540] in response to its concerns about the impact of [[Oregon Ballot Measure 37 (2004)|Oregon Ballot Measure 37]], a citizen initiative approved by Oregon voters in 2004. Measure 49 was '''approved''' by a 62.15% majority of Oregon voters.<ref>[http://www.oregonlive.com/politics/oregonian/index.ssf?/base/news/1194418606131680.xml&coll=7 ''Voters keep cigarette tax as is but roll back property rights'']</ref>
 
==Aftermath==
 
==Aftermath==
In [[BC2011|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 [[Oregon Property Land Use, Measure 37 (2004)|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 Measure 49 superseded Measure 37 by removing a provision for monetary compensation.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.<ref>[http://www.capitalpress.com/orewash/mp-measure-37-appeal-102111 ''Capital Press'',"Landowners sue for compensation," October 20, 2011]</ref>
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In [[BC2011|2011]] the Citizens for Constitutional Fairness and individual landowners argued before the 9th U.S. Circuit Court of Appeals that they were entitled to compensation even though [[Oregon Property Land Use, Measure 37 (2004)|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.<ref>[http://www.capitalpress.com/orewash/mp-measure-37-appeal-102111 ''Capital Press'',"Landowners sue for compensation," October 20, 2011]</ref>
  
 
==Election results==
 
==Election results==
{{Approved}} Measure 49 was '''approved''' by a majority of Oregon voters.<ref>[http://www.oregonlive.com/politics/oregonian/index.ssf?/base/news/1194418606131680.xml&coll=7 ''Voters keep cigarette tax as is but roll back property rights'']</ref>
 
  
 
{{short outcome
 
{{short outcome
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|nopct=37.85
 
|nopct=37.85
 
}}
 
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:: ''Election results from [http://bluebook.state.or.us/state/elections/elections22b.htm Oregon Blue Book website, accessed December 13, 2013]''
  
 
==Text of measure==
 
==Text of measure==
<blockquote>Modifies Measure 37; Clarifies Right To Build Homes; Limits Large Developments; Protects Farms, Forests, Groundwater.</blockquote>
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===Ballot title===
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The offiicial ballot title for Measure 49 was:
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{{Quote|
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Modifies Measure 37; Clarifies Right To Build Homes; Limits Large Developments; Protects Farms, Forests, Groundwater.}}
  
==Supporters and donors==
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===Full text===
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The full text of the HB 3540, which was enacted by Measure 49, is available [http://www.sos.state.or.us/elections/irr/2007/401text.pdf here].
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{{hbm text}}
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==Support==
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===Supporters===
 
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.
 
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]].   
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===Donors===
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Donations to the "Yes on 49" campaign included $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 (2007)|Donors to "Yes on 49"]].
 
:*See [[Donors to Yes on 49 (2007)|Donors to "Yes on 49"]].
  
==Opponents==
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==Opposition==
The main source of organized opposition to Measure 49 is through [http://www.oia.org/ Oregonians in Action], an Oregon group that supports property rights.  [https://secure.sos.state.or.us/eim/XcelCNESearch List of donors to Oregonians in Action].
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===Opponents===
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The main source of organized opposition to Measure 49 was through [http://www.oia.org/ Oregonians in Action], an Oregon group that supported property rights.  [https://secure.sos.state.or.us/eim/XcelCNESearch 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.
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Other opponents listed on the "Stop 49" website included 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).<ref>http://www.stop49.com/whatothersaresaying.php</ref>
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Individuals opposing Measure 49 included 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).<ref>http://www.stop49.com/whatothersaresaying.php</ref>
  
 
==Legal challenges==
 
==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."<ref>[http://www.oregonlive.com/oregonian/stories/index.ssf?/base/news/1186451721208420.xml&coll=7 ''Three landowners sue over property ballot title '' The Oregonian, 8/7/07]</ref>
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On August 6, 2007, 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."<ref>[http://www.oregonlive.com/oregonian/stories/index.ssf?/base/news/1186451721208420.xml&coll=7 ''Three landowners sue over property ballot title '' The Oregonian, 8/7/07]</ref>
  
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.
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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 the original 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.<ref>[http://www.forbes.com/feeds/ap/2007/09/07/ap4093626.html Forbes.com, ''Title of Ore. Measure Unchanged'']</ref>
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Opponents of Measure 49 said Measure 49 guts the original law.  They said the ballot title approved by the Democratic-controlled Legislature was biased because it emphasizes the preservation of farm and forest land but soft-pedals new restrictions on development.<ref>[http://www.forbes.com/feeds/ap/2007/09/07/ap4093626.html Forbes.com, ''Title of Ore. Measure Unchanged'']</ref>
  
 
==[[National Taxpayers Union|NTU]] perspective==
 
==[[National Taxpayers Union|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.
 
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==
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==See also==
[http://www.sos.state.or.us/elections/irr/2007/401text.pdf Official language of initiative].
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*[[List of Oregon ballot measures]]
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*[[Oregon 2007 ballot measures]]
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* [[2007 ballot measures]]
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*[[Procedures for qualifying an initiative in Oregon]]
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*[[Laws governing the initiative process in Oregon]]
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*[[Oregon Ballot Measure 37 (2004)]]
  
 
==External links==
 
==External links==
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{{submit a link}}
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{{colbegin|2}}
 
* [http://www.stop49.com/ Stop 49]
 
* [http://www.stop49.com/ Stop 49]
 
* [http://www.yeson49.com/ Yes on 49]
 
* [http://www.yeson49.com/ Yes on 49]
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* [http://www.friends.org/  1000 Friends of Oregon]
 
* [http://www.friends.org/  1000 Friends of Oregon]
 
* [http://www.eastvalleynews.com/appeal/article.cfm?i=10489 Measure 49 wipes out property rights]
 
* [http://www.eastvalleynews.com/appeal/article.cfm?i=10489 Measure 49 wipes out property rights]
 
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{{colend}}
==See also==
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*[[List of Oregon ballot measures]]
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*[[Oregon 2007 ballot measures]]
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* [[2007 ballot measures]]
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*[[Procedures for qualifying an initiative in Oregon]]
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*[[Laws governing the initiative process in Oregon]]
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*[[Oregon Ballot Measure 37 (2004)]]
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{{submit a link}}
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==References==
 
==References==

Revision as of 11:35, 13 December 2013

Voting on Property
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Ballot Measures
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Not on ballot
Oregon Ballot Measure 49 was on the November 6, 2007 statewide general election ballot in Oregon as an Template:Lrsfull. It was approved.

Measure 49 legislation by the Oregon state legislature as HB 3540 in response to its concerns about the impact of Oregon Ballot Measure 37, a citizen initiative approved by Oregon voters in 2004. Measure 49 was approved by a 62.15% majority of Oregon voters.[1]

Aftermath

In 2011 the Citizens for Constitutional Fairness and individual landowners argued before the 9th U.S. Circuit Court of Appeals that they were 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.[2]

Election results

Oregon Measure 49 (2007)
ResultVotesPercentage
Approveda Yes 718,023 62.15%
No437,35137.85%
Election results from Oregon Blue Book website, accessed December 13, 2013

Text of measure

Ballot title

The offiicial ballot title for Measure 49 was:

Modifies Measure 37; Clarifies Right To Build Homes; Limits Large Developments; Protects Farms, Forests, Groundwater.[3]

Full text

The full text of the HB 3540, which was enacted by Measure 49, is available here.


BallotMeasureFinal badge.png
This historical ballot measure article requires the text of the measure to be added to the page.

Support

Supporters

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.

Donors

Donations to the "Yes on 49" campaign included $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.

Opposition

Opponents

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

Other opponents listed on the "Stop 49" website included 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 included 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).[4]

Legal challenges

On August 6, 2007, 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."[5]

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 the original title on November 6th.

Opponents of Measure 49 said Measure 49 guts the original law. They said the ballot title approved by the Democratic-controlled Legislature was biased because it emphasizes the preservation of farm and forest land but soft-pedals new restrictions on development.[6]

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.

See also

External links

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Suggest a link

References