Oregon Voters Trim Development
November 2007
By a margin of 61 percent in favor to 39 percent opposed, Oregon voters approved Measure 49 on the November 6 ballot. The legislative referendum limits the number of homes and types of development that can occur on farm and forest land and in certain watersheds. Measure 49 was drafted in response to uncertainties over the implementation of Measure 37, which was approved by voters in 2004 by a similar 61-39 percent margin. That measure required state and local governments to either pay landowners for reductions in property value caused by regulations adopted after the property was acquired, or waive enforcement of the land use restrictions. Over 7,500 claims for compensation have been filed since passage of Measure 37, ranging from requests to build a single home up to large subdivisions, shopping malls, resorts and gravel pits. Only one local government has paid compensation, while others have retracted their regulations.
Measure 49 allows landowners to build up to three homes on property where such development was allowed at the time of acquisition, and a maximum of 10 homes where they can demonstrate—through appraisals—reductions in property value that justify the increase. Subdivisions are prohibited on high-value farmlands, forestlands and lands experiencing groundwater shortages. Commercial and industrial developments are not allowed where zoning has restricted land use to residential, farm and forest purposes. The law also clarifies the rights of landowners to transfer their development rights to new owners. It grandfathers existing development waivers if landowners have established vested rights to undertake the development activity.
 Natural Resources
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