Oregon Ballot Measures 37 (2004) and 49 (2007) - Opposition To Measure 37

Opposition To Measure 37

The following are major arguments advanced against Measure 37:

• Given that a large portion of a property's value is created by legislation (e.g. laws providing for public roads, sewers, electrical lines, parks, etc.), it is unreasonable to require the government to compensate property owners for any additional legislation which might restrict property use in the name of the public good
• Measure 37 undermined the property rights of neighbors. Owners who purchased homes in areas zoned single family residential, or wineries in areas zoned exclusively agriculatural, lost the value of their property as Measure 37 claimants were authorized to build large subdivisions, gravel mines, and hotels next to their land.
• Environmental impact. Since the government will rarely be able to fund the measure, many property owners, especially major developers, will be able to ignore environmental legislation enacted to protect the public good. This has already led to significant blows to state efforts to protect endangered species. In fact, to date existing land use restrictions have been waived in every claim filed under Measure 37.
• Questionable legality. Rulings by The Supreme Court have deferred to the State and local legislative authorities in determining what constitutes a legitimate exercise of protection of the public interest, as in the 5-4 "Kelo Decision" which allowed takings of private property when a significant public good could be demonstrated. On this ground, existing environmental legislation, even if a 'taking' under the fifth amendment, ought to be allowed as a reasonable expression of the public good.
• As more claims are being filed, many voters are feeling the impact of unregulated development.
• The legislation imposes a large burden on the taxpayers, because there is no provision for funding any payoffs for claims under Measure 37 within the Measure's text. Therefore, all funds must be taken from the general budget of the municipality, which includes funding for schools, roads, health clinics, etc. In order to maintain the existing levels of protection for their communities, taxpayers would have to fund billions of dollars in compensation to landowners.
• The legislation is incomplete, in that it fails to dictate a method for determining property value when a claim is filed or evaluated.
• The legislation is deceptive, in that it coerces governments into altering land use laws without debating them on their merits.
• The campaign for the ballot measure was deceptive, claiming that the law would apply mainly to private property owners (like spokeswoman Dorothy English), when in fact the majority of claims have come from large-scale developers. One of the earliest large claims was brought by a timber company from another state.