How Oregon's Measure 49 Became Law

Measure 49, a legislatively referred state statute in Oregon, was approved by voters on November 6, 2007, with 62% of the statewide vote. The measure amended the controversial Measure 37, which passed in 2004 and gave property owners the right to claim compensation from the state or local government if their property value was reduced by environmental or land use regulations. Measure 49 clarified the right to build homes, allowing landowners to build up to three homes if initially permitted and four to ten homes if supported by documented property value reductions. It also protected farmlands, forestlands, and groundwater supplies by limiting large developments.

Measure 49 was approved by Oregon voters in 2007

Measure 49 gives landowners who have filed Measure 37 claims the right to build homes as compensation for land use regulations imposed after they acquired their properties. The number of homes that can be built depends on the circumstances, with a maximum of three homes on high-value farmlands, forestlands, and groundwater-restricted lands. The measure also prohibits the use of this legislation to override current zoning laws that prohibit commercial and industrial developments on land reserved for homes, farms, forests, and other uses.

The Oregon legislature placed Measure 49 on the ballot for a special election on November 6, 2007. It was approved by voters, passing with 62% in favor. This was a higher margin of victory than Measure 37, which it replaced. The measure was supported by conservationists and farm groups who were alarmed by the scale of proposed Measure 37 development, especially in the Willamette Valley, where 60% of the claims were filed.

Measure 49 was designed to restrict the damaging effects of Measure 37 by limiting the development that the earlier measure permitted. It protects farmlands, forestlands, and lands with groundwater shortages by restricting subdivisions and the number of homes that can be built on such lands. It also addresses transferability and offered to fast-track some smaller Measure 37 claims under post-2007 land use regulations.

It modified the previous Measure 37, which was passed in 2004

Measure 49, passed in Oregon in 2007, modified the previous Measure 37, which was passed in 2004. Measure 37 was a controversial land-use ballot initiative that allowed property owners to claim compensation from state or local government if their property value was reduced by environmental or other land-use regulations. If the government failed to compensate the claimant within two years, the claimant could use the property under the regulations in place when they purchased it.

Measure 37 was considered a backlash to Oregon's legacy of strict land-use planning, and it was ruled unconstitutional in a 2005 circuit court decision. However, the Oregon Supreme Court reversed this decision, noting that the Court was not empowered to rule on its efficacy.

Measure 49 substantially reduced the impact of Measure 37. It eliminated nearly every Measure 37 provision designed to allow pre-regulation use of one's property, as well as all compensation provisions. It also addressed transferability and offered to fast-track some smaller Measure 37 claims under post-2007 land-use regulations.

Measure 49 clarified the right of landowners to build homes, allowing claimants to build up to three homes if initially allowed upon property acquisition and four to ten homes if supported by documented property value reductions. It also extended these rights to surviving spouses. The measure limited large developments and protected farmlands, forestlands, and groundwater supplies.

In summary, Measure 49 modified Measure 37 by giving landowners with Measure 37 claims the right to build homes as compensation for land-use restrictions imposed after they acquired their properties, while also placing important limitations on development and protecting natural resources.

Measure 49 gives landowners the right to build homes as compensation for land use regulations

Measure 49, passed with 62% of the statewide vote in November 2007, amends Oregon's Measure 37. Measure 49 gives landowners who have filed Measure 37 claims the right to build homes as compensation for land use regulations imposed after they acquired their properties.

Measure 37, passed in 2004, required state and local governments to either waive land use regulations or compensate landowners when a regulation reduces a property's fair market value. However, the scale of proposed development under Measure 37, particularly in the Willamette Valley, was alarming to conservationists and farm groups. This led to the creation of Measure 49, which was written during the 2007 legislative session and referred to voters.

Measure 49 allows claimants to build up to three homes if allowed when they acquired their properties. They may build up to 10 homes if allowed when they acquired their properties and they can justify the additional homes with reductions in property values. This measure protects farmlands, forestlands, and lands with groundwater shortages. Subdivisions are not allowed on these types of lands, and claimants may not build more than three homes on them. Additionally, claimants cannot use Measure 49 to override current zoning laws that prohibit commercial and industrial developments, such as strip malls and mines, on land reserved for homes, farms, and forests.

Supporters of Measure 49 argue that it fixes flaws in Measure 37 that allowed large housing subdivisions and commercial developments in inappropriate areas. On the other hand, opponents view Measure 49 as an attempt to repeal Measure 37 and eliminate property owner protection from future regulations.

It limits the number of homes that can be built on high-value farmlands and forestlands

Measure 49, a legislatively referred state statute, was approved by Oregon voters on November 6, 2007. The measure modifies and clarifies Measure 37, which was approved in 2004 and gave landowners the right to build homes as compensation for land-use restrictions.

Measure 49 limits the number of homes that can be built on high-value farmlands and forestlands. Specifically, it states that claimants may not build more than three homes on high-value farmlands, forestlands, and groundwater-restricted lands. The measure also allows claimants to build up to three homes if they were initially allowed to do so upon property acquisition and four to ten homes if supported by documented property value reductions.

The purpose of Measure 49 is to balance the rights of landowners to develop their property with the need to protect valuable farmlands and forestlands. By limiting the number of homes that can be built on these lands, the measure aims to reduce the impact of development on the environment and preserve natural resources.

The impact of Measure 49 on development in Oregon is expected to be relatively muted, with the majority of new homes being built on farmland. According to the state Department of Land Conservation and Development, Oregonians will build 6,131 more homes under Measure 49 over the next 10 to 20 years. This additional development is considered significant but not enormous by the department director.

Measure 49 protects lands with groundwater shortages

Measure 49, passed with 62% of the statewide vote in November 2007, is an amendment to Oregon's Measure 37. It was designed to address concerns about the scale of development proposed under Measure 37, which required state and local governments to either waive land-use regulations or compensate landowners if regulations reduced a property's fair market value.

Measure 49 gives landowners who have filed Measure 37 claims the right to build homes as compensation for land-use regulations imposed after they acquired their properties. This measure protects farmlands, forestlands, and lands with groundwater shortages.

Firstly, subdivisions are not allowed on high-value farmlands, forestlands, and groundwater-restricted lands. Claimants may not build more than three homes on such lands.

Secondly, 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. This measure ensures that large-scale developments do not encroach on lands with groundwater shortages, helping to preserve this precious resource.

Supporters of Measure 49 believe it addresses flaws in Measure 37 that allowed large housing subdivisions and commercial developments in inappropriate areas. Opponents, however, argue that Measure 49 undermines property owner protection from future regulations.

The Department of Land Conservation and Development began sending information to Measure 37 claimants about their options under Measure 49 in December 2007. Those who chose to proceed under Measure 49 and met the legal standards received certificates permitting them to build.

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