Many of the Measure 37 appeals filed in Portland would be invalidated by the rewrite referred to the November ballot by the 2007 Oregon Legislature, including a claim related to the request to build a Wal-Mart store in Sellwood. The rewrite will appear on the Nov. 6 ballot. According to both supporters and opponents of the measure, if approved by the voters, it will wipe out all commercial and industrials claims filed under Measure 37, ranging from proposed billboards to shopping centers.
Eric Stachon, communications director of the land-use planning watchdog group 1000 Friends of Oregon, said the rewrite is consistent with what most voters thought Measure 37 was intended to do - allow rural land owners to build a limited number of homes on their property.
"The bottom line is, (the rewrite) will eliminate the claims for commercial and industrial uses. A Measure 37 claim to put a Wal-Mart in Sellwood - not going to happen. A Measure 37 claim to put billboards up around the state - not going to happen," said Stachon, whose organization opposed Measure 37 and is supporting the new measure.
But David Hunnicutt, president of the property-rights group Oregonians in Action, said voters never intended to limit Measure 37 to residential properties.
"Commercial and industrial properties provide jobs and contribute to the economy. Voters did not intend to discriminate against them," said Hunnicutt, whose organization supported Measure 37 and opposes the rewrite.
City's approved $3.8 million
It is unclear exactly how many Measure 37 claims in Portland will be affected if the rewrite passes in November. Since the measure took effect, the city has received more than 80 claims asking for around $260 million in compensation.
The City Council has so far approved six claims for almost $3.8 million and denied 14 others that sought nearly $9.5 million.
Chris Dearth, the city's Measure 37 program manager with the Bureau of Planning, said he and his staff will go through the remaining claims over the next few months to determine which would be affected by the passage of the new measure.
"We have around 18 or 20 billboard requests, and all of them would be disallowed. Of the remaining claims, some are clearly commercial and industrial, some are clearly residential and some are a mix, which will be difficult to determine," Dearth said.
According to Dearth, requests that clearly would be invalidated by the passage of the rewrite include the proposed Wal-Mart site along Southeast McLoughlin Boulevard in Sellwood, where the Oregon Worsted Co. is claiming nearly $4.5 million in lost value, and the barge-construction business in the South Waterfront area along the west bank of the Willamette River, where the Zidell family is requesting more than $120 million.
Measure 37 was passed by Oregon voters in November 2004 and took effect the next month. It allows property owners to file claims seeking compensation if a land-use regulation has restricted its use and reduced its market value since they bought it.
The claims are accepted and processed by the cities or counties where the property lies. Portland adopted a procedure for handling Measure 37 claims in March 2005.
The measure has been controversial since it passed. Many city and county officials repeatedly have complained they do not have the money to thoroughly judge all claims or pay many claimants to preserve existing land-use regulations.
The 2005 Oregon Legislature considered several reform measures, but they all died in the Republican-controlled House of Representatives. Democrats took control of the House and retained control of the state Senate in the 2006 elections, and the current proposal was placed on the ballot by straight party-line votes in both chambers.
Opponent criticizes title
The Democrat-controlled Legislature also took the unusual step of writing the ballot title for the new measure. Although this is allowed by Oregon election laws, ballot titles traditionally are written by lawyers with the Oregon Department of Justice and subject to court reviews.
Hunnicutt believes the title is inaccurate because it downplays the fact that commercial and industrial claims will be invalidated if the measure passes. Stachon said the title is accurate and reflects the appropriate focus on residential properties.
Millions of dollars were spent on both sides of the Measure 37 campaign in 2004, and that is likely to occur again. Supporters already have hired veteran political consultant Liz Kauffman to coordinate the campaign and opened an office in the Lloyd District.
Their campaign will kick off formally on July 12 with a news conference featuring former Oregon governors John Kitzhaber, Barbara Roberts and Vic Atiyeh.
Opponents, led by Oregonians in Action, are expected to launch their own campaign soon.
Details of ballot measure
Modifies Measure 37; Clarifies right to build homes; limits large developments; protects farms, forests, groundwater
• Result of ‘yes’ vote: ‘Yes’ vote modifies Measure 37; clarifies private landowners’ rights to build homes; extends rights to surviving spouses; limits large developments; protects farmlands, forestlands, groundwater supplies.
• Result of ‘no’ vote: ‘No’ vote leaves Measure 37 unchanged; allows claims to develop large subdivisions, commercial, industrial projects on lands now reserved for residential, farm and forest uses.
• Summary: Modifies Measure 37 (2004) to give landowners with Measure 37 claims the right to build homes as compensation for land use restrictions imposed after they acquired their properties.
Claimants may build up to three homes if previously allowed when they acquired their properties, four to 10 homes if they can document reductions in property values that justify additional homes, but may not build more than three homes on high-value farmlands, forestlands and groundwater-restricted lands.
Allows claimants to transfer homebuilding rights upon sale or transfer of properties; extends rights to surviving spouses. Authorizes future claims based on regulations that restrict residential uses of property or farm, forest practices. Disallows claims for strip malls, mines, other commercial, industrial uses.
(portlandtribune.com)
