Oregon Ballot Measures 37 (2004) and 49 (2007) - Legal Context

Legal Context

See also: Regulatory taking

Advocates for Measure 37 have described it as a protection against "regulatory taking," a notion with roots in an interpretation of the United States Constitution.

The Fifth Amendment to the United States Constitution ends as follows:

“ …nor shall private property be taken for public use, without just compensation. ”

That phrase provides the foundation for the government power of eminent domain, and requires compensation for governmental appropriations of physical property. It has occasionally been used to require compensation for use restrictions that deprive the owner of any economically viable use of land. See the 1922 United States Supreme Court case Pennsylvania Coal Co. v. Mahon.)

The advocates of Measure 37 employed a more expansive interpretation of the concept of regulatory taking than required by the Supreme Court, considering any reduction in a piece of property's value - for instance, a reduction resulting from an environmental regulation - to require compensation to the owner.

Measure 37 was ruled unconstitutional in a 2005 circuit court decision, but the Oregon Supreme Court reversed that decision, ruling that the law was not unconstitutional, and noting that the Court was not empowered to rule on its efficacy:

“ Whether Measure 37 as a policy choice is wise or foolish, farsighted or blind, is beyond this court's purview. ”

Read more about this topic:  Oregon Ballot Measures 37 (2004) And 49 (2007)

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