New pages on state budget and finance, environmental terms and coal now available on Policypedia!

Oregon Regulation of Development, Ballot Measure 49 (2007)

From Ballotpedia
Revision as of 18:13, 13 June 2012 by JWilliams (Talk | contribs)

Jump to: navigation, search
Voting on Property
Ballot Measures
By state
By year
Not on ballot
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.


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 Measure 49 superseded Measure 37 by removing a provision for monetary compensation.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.[1]

Election results

Approveda Measure 49 was approved by a majority of Oregon voters.[2]

Oregon Measure 49 (2007)
Approveda Yes 718,023 62.15%

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.


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).[3]

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."[4]

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.[5]

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

See also

Suggest a link