Measure 49 Synopsis

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Measure 49 Synopsis

On November 6, 2007, Oregon voters approved Measure 49, a legislatively crafted revision of Measure 37. Adopted in 2004, Measure 37 gave certain landowners the right to make a claim for just compensation against state or local governments if land use regulations imposed, after they

acquired their properties, reduced their value. Public entities facing Measure 37 claims had the option of avoiding compensation by allowing claimants to use their property free of the subsequently enacted regulation — and such “waivers” were the most common governmental

response. In many cases, however, there were disputes about the date on which “ownership” was established for purposes of Measure 37 and other issues relating to the scope or transferability of the waiver.

Measure 49 eliminates the right to monetary compensation with respect to pending claims based on land use regulations enacted prior to January 1, 2007, and substitutes a more narrow set of potential waivers to permit limited residential development. While Measure 49 represents a sweeping change in the law and may eliminate many issues that had been the subject of litigation

under Measure 37, the new law presents a number of its own issues. Although government agencies, claimants, their lawyers and ultimately, the courts, will take some time in arriving at answers, it is possible to predict a few of the questions.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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