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Oregon Measure 37, Compensation for Land Use Restrictions that Decrease Property Value Initiative (2004)
| Oregon Measure 37 | |
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| Election date |
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| Topic Eminent domain policy and Property |
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| Status |
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| Type Initiated state statute |
Origin |
Oregon Measure 37 was on the ballot as an initiated state statute in Oregon on November 2, 2004. It was approved.
A "yes" vote supported allowing property owners to receive compensation if a land use regulation, enacted after the owner or a family member acquired the property, restricts its use and reduces its fair market value. |
A "no" vote opposed allowing property owners to receive compensation if a land use regulation, enacted after the owner or a family member acquired the property, restricts its use and reduces its fair market value. |
Election results
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Oregon Measure 37 |
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| Result | Votes | Percentage | ||
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1,054,589 | 60.62% | ||
| No | 685,079 | 39.38% | ||
Text of measure
Ballot title
The ballot title for Measure 37 was as follows:
| “ | GOVERNMENTS MUST PAY OWNERS, OR FORGO ENFORCEMENT, WHEN CERTAIN LAND USE RESTRICTIONS REDUCE PROPERTY VALUE RESULT OF “YES” VOTE: “Yes” vote requires that governments pay owners, or forgo enforcement by repealing, changing, not applying restrictions, when certain land use restrictions reduce owners’ property value. RESULT OF “NO” VOTE: “No” vote rejects requiring that governments pay owners or forgo enforcement by repealing, changing, not applying restrictions, when certain land use restrictions reduce property value. SUMMARY: Currently, Oregon Constitution requires governments to pay owner “just compensation” when condemning private property or taking it by other action, including laws precluding all substantial beneficial or economically viable use. Measure enacts statute requiring that when state, city, county, metropolitan service district enacts or enforces land use regulation that restricts use of private real property or interest thereon, government must pay owner reduction in fair market value of affected property interest, or forgo enforcement. Governments may repeal, change, or not apply restrictions in lieu of payment; if compensation not timely paid, owner not subject to restrictions. Applies to restrictions enacted after “family member” (defined) acquired property. Creates civil right of action including attorney fees. Provides no new revenue source for payments. Certain exceptions. Other provisions. ESTIMATE OF FINANCIAL IMPACT: The measure would require state administrative expenditures to respond to claims for compensation of between $18 million and $44 million per year. The measure may require compensation to landowners. The amount of state expenditures needed to pay claims for compensation cannot be determined. There is no financial effect on state revenues. The measure would require local government administrative expenditures to respond to claims for compensation of between $46 million and $300 million per year. The measure may require compensation to landowners. The amount of local government expenditures needed to pay claims for compensation cannot be determined. The effect of the measure on local government revenues cannot be determined. | ” |
Full Text
The full text of this measure is available here.
Path to the ballot
An initiated state statute is a citizen-initiated ballot measure that amends state statute. There are 21 states that allow citizens to initiate state statutes, including 14 that provide for direct initiatives and nine (9) that provide for indirect initiatives (two provide for both). An indirect initiated state statute goes to the legislature after a successful signature drive. The legislatures in these states have the option of approving the initiative itself, rather than the initiative appearing on the ballot.
In Oregon, the number of signatures required for an initiated state statute is equal to 6% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval.
See also
External links
Footnotes
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State of Oregon Salem (capital) |
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