Measure 49
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Modifies Measure 37; clarifies right to build homes; limits large developments; protects farms, forests, groundwater.
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In 2007, the Oregon legislature placed Measure 49 on the November 6, 2007 special election ballot. It passed with 62% in favor. The measure overturns and modifies many of the provisions of Measure 37. The Legislature stated that it would restrict the damaging effects of Measure 37 by limiting some of the development that measure permitted.
| “ | This measure protects farmlands, forestlands and lands with groundwater shortages in two ways.
First, subdivisions are not allowed on high-value farmlands, forestlands and groundwater-restricted lands. Claimants may not build more than three homes on such lands. Second, claimants may not use this measure to override current zoning laws that prohibit commercial and industrial developments, such as strip malls and mines, on land reserved for homes, farms, forests and other uses. |
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A record 117 paid arguments on Measure 49 appeared in the voter's pamphlet for that election, most favoring it.
Measure 49 passed by an even greater margin than Measure 37 had. The impact of the law is as follows. The measure no longer authorizes challenges to restrictions on industrial or commercial uses of property. In addition, claimants must prove their losses by presenting appraisals of the property one year before and one year after the enactment of the regulation. For land use restrictions enacted before 2007, the restriction may only be waived to permit the claimant to build one to three homes on their land, or up to 10 homes if the property is not high value agricultural land and they can show that the waiver is necessary to restore the appraised value of the property.
Read more about this topic: Oregon Ballot Measures 37 (2004) And 49 (2007)
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