Oregon Measure 39, Eminent Domain Limitations (2006)
| Oregon Measure 39 | |
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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 39 was on the ballot as an initiated state statute in Oregon on November 7, 2006. It was approved.
A "yes" supported prohibiting any public body from condemning privately-held land or buildings if the action results in transferring the property to another private party. |
A "no" opposed prohibiting any public body from condemning privately-held land or buildings if the action results in transferring the property to another private party. |
Election results
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Oregon Measure 39 |
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| Result | Votes | Percentage | ||
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881,820 | 67.13% | ||
| No | 431,844 | 32.87% | ||
Text of measure
Ballot title
The ballot title for Measure 39 was as follows:
| “ | PROHIBITS PUBLIC BODY FROM CONDEMNING PRIVATE REAL PROPERTY IF INTENDS TO CONVEY TO PRIVATE PARTY RESULT OF "YES" VOTE: "Yes" vote prohibits public body from condemning certain private real property if it intends to convey all or part to a private party, with exceptions. RESULT OF "NO" VOTE: "No" vote retains current law, allowing government to acquire private real property required for an authorized public purpose that involves transferring property to private party. SUMMARY: 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. ESTIMATE OF FINANCIAL IMPACT: 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. (See Voters' Pamphlet for Explanation of this financial estimate). | ” |
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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