TITLE

Measure 37 is Unconstitutional, Oregon Circuit Court Says

AUTHOR(S)
Stromberg, Meghan
PUB. DATE
December 2005
SOURCE
Planning;Dec2005, Vol. 71 Issue 11, p50
SOURCE TYPE
Trade Publication
DOC. TYPE
Article
ABSTRACT
The article reports on Oregon Circuit Court Judge Mary James' ruling granting a motion for summary judgment finding that Measure 37 violates the Oregon and federal constitutions. Measure 37 requires governments to either pay property owners for the lost value of property due to land use regulations or waive those regulations. The main reason cited by the court for its ruling is that the law impairs the legislative body's plenary power. Measure 37 grants certain privileges or immunities to a particular class of people, rather than equally to all citizens, the court concluded. The court noted that permitting pre-owners to recover based on what their properties are worth today has no rational relation to the aim of Measure 37 of compensating property owners for the reduced fair market value of their property interest.
ACCESSION #
18947376

 

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