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VOTE NO ON MEASURE 49
PROTECT YOUR PROPERTY RIGHTS
Click
HERE for
No on 49
Signs &
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This November, Oregon voters will cast ballots on Measure 49.
MEASURE
49 IS A DIRECT ATTEMPT TO REPEAL MEASURE 37
Measure 37 is
Oregon’s landmark property
owner compensation measure, which was approved by Oregon voters in
November, 2004.
If approved, Measure 49 will wipe out almost all current Measure 37
claims, and will eliminate all protection from future regulations. In
short, if Measure 49 is approved, Oregon will return to the days before
2004, when state and local governments imposed land use regulations
without regard to the impacts that those regulations had on the property
owners being regulated. Your home and property will not be safe if
Measure 49 passes.
Click Learn the
TRUTH ABOUT MEASURE 49 and find out what they aren't telling you
about it!
Measure 49 makes the following drastic changes to current law:
1. Nearly every Measure 37 claimant will have their claim wiped
out, even if the claim has already been approved. No matter how much
time, effort, and money a property owner has expended to follow all the
rules and jump through all the hoops, their claim will be wiped out, and
they will be forced to start over under a new set of rules and new land
use regulations that were not in place. It is unfair to pull the rug out
from under the feet of property owners who have followed all the rules
and jumped through all the hoops to use their property.
2. All protection from future land use regulations will be
eliminated. Measure 37 protects every Oregon property owner by insuring
that the rights that an owner has to use their land when it is purchased
are protected in the future. Measure 37 guarantees that when you buy a
home or property, the state and local governments cannot pass new land
use regulations that take away your rights without compensating you for
the loss, unless the new regulations are needed to protect the public’s
health and safety. If approved, Measure 49 will wipe out those
protections, and return us to the days when government would steal your
property without compensation.
3. Oregon businesses, large and small, are specifically targeted
by Measure 49. Under Measure 49, claims filed under Measure 37 for
commercial or industrial uses, regardless of size and scope are not only
wiped out, they cannot be re-filed. And like other types of property,
commercial and industrial property owners lose all future protections.
Our commercial and industrial properties are in short supply in Oregon,
and need to be protected from new laws making it more difficult to
establish a new business or expand an existing business.
4. Measure 49 discriminates against urban property owners.
Measure 49 creates even more burdensome filing requirements, hurdles,
and barriers for property owners inside cities than for those in rural
areas. There is no rationale for discriminating against owners in urban
areas.
Measure 49 is the result of a
partisan
effort by Governor Kulongoski to appease the extreme environmental
left of the Democrat party. The Measure was approved by the Oregon
legislature on a straight party line vote, with no Republican legislator
supporting the Measure.
The referral bill was drafted behind closed doors and railroaded through
the House and Senate without any opportunity for hearings or public
input. Even worse, the legislators backing the referral came up with
their own biased ballot title and explanation, and outlawed review by
the Oregon Supreme Court, which is provided for all other ballot
measures to assure they are fair and objective.
Supporters of Measure 49 are putting out the same kind of misleading and
inaccurate arguments against Measure 37 that they used to try to defeat
it in 2004. Don’t be fooled.
They say Measure 37 will bring lots of urban-type subdivisions,
Wal-Marts and strip malls. That’s simply not true. Measure 37 claimants
in rural areas cannot secure urban services such as sewers and water
supply – they must rely on private septic systems and wells for water.
Also, developments under Measure 37 will be limited by the type and
quality of area roads, water availability, and market forces.
Measure 49 supporters grossly overstate possible impacts of Measure 37
on farming and forestry. They fail to point out that Measure 37 impacts
less than one percent of all land in the state, and that “right to farm”
and “right to forestry” laws that have been in force in this state for
over a decade protect farm and forest operations from lawsuits by
neighbors who might complain about such operations.
They fail to
acknowledge that millions of acres of land have been mis-zoned
exclusively for “farm” and “forest” uses but have little or no value for
farming or forestry. Nor do they recognize that rural landowners should
be able to determine the use of their land, so long as it doesn’t harm
neighbors or the public – a property rights concept that the 1973
legislature approved when it launched Oregon’s highly restrictive land
use regulatory system.
At the same time, opponents of Measure 37 completely ignore the benefits
to the public from the limited development Measure 37 allows. Land that
now pays very little property taxes (because of farm and forest tax
exemptions), will pay a lot more. Opportunities for rural living will
expand; now, it is extremely limited by draconian land use regulations.
Voters should vote “NO” on Measure 49 this
November.
For more detailed information about Measure
49(2007), contact:
Stop Taking
Our Property
Stop49.com
Fix Measure 49
M49fix.com
For more detailed information about both Measure 37(2004) contact:
Oregonians In
Action
P.O Box 230637,
Tigard, OR 97281-0637
Phone (503)
620-0258 or FAX (503) 639-6891
mail: oia@oia.org
and visit Oregonians In Action
Measure 37 in
the News:
Dorothy English Letter -
Aaron Jones Letter
- Tom
& Gloria Gilbert Letter
Protect Your Measure 37
Claim
Your Measure 37 claim is
under attack at the Oregon Legislature! We need your help to preserve
your rights!
The Anti-Measure 37 Section of HB 2640 is
now being
referred out to the Voters as Ballot Measure 49 (2007) and is set for a Special Election
on
November 6th, 2007.
The
overall text of Ballot Measure 49 can be found
HERE.
An edited version of HB 3540 Enrolled can be
found
HERE. Please note the changes are in
RED. Italicized
and struckthrough
RED text in brackets (e.g. [Homesite
is defined as...] is text being deleted.
Bold RED text (e.g.
An "owner" is now defined as...) is text that is
being added into the bill. These edits show the differences
between HB 3540 B-Engrossed and the the final version of HB 3540
Enrolled.
HB 3540 Enrolled makes the following dramatic changes to
Measure 37:
1) If you have filed a Measure 37 claim, HB 3540 requires you to
start all over again. Your claim, along with the time and money you’ve
spent, will be wiped out, unless you can vest your rights to use your
property before December, 2007.
2) If you choose to refile your Measure 37 claim, you will be
limited to a maximum of 3 new homesites, and you might not even get
these! LCDC will decide how many homesites you qualify for, if any, will
tell you where those homesites will go on your property, and will not
allow homesites larger than 2 acres.
3) If you choose to refile your Measure 37 claim, anyone can
challenge your claim for any reason, no matter how frivolous, and even
if you win, you will not recover your costs and attorney fees. The
special interest groups that have made a living by suing property owners
to stop them from using their land will have a field day with these
amendments.
4) If you have industrial or commercial property, or if you want
to make a commercial or industrial use of your property, your claim is
wiped out, and you get nothing. Not only that, you lose all protection
against new land use regulations. It will be back to the old days, where
your property could be taken without any opportunity for you to do
anything about it!
5) If a new land use regulation is adopted that takes your
property, you will have to pay for lawyers and appraisers and jump
through every hurdle the state and county can throw at you to get your
property back. But what’s worse, you will also have to pay for the state
and county’s lawyers and appraisers to try and defeat your claim! That’s
right – they’ll take your property, and then charge you tens of
thousands of dollars to give it back!
We now need to prepare for a campaign
against Ballot Measure 49 (HB 3540 Enrolled) this summer and fall!
VOTE NO
ON MEASURE 49 – PROTECT YOUR PROPERTY RIGHTS
Congratulations to the
over 1 million Oregonians who passed Ballot Measure 37 on November
2nd, 2004! Ballot Measure 37 ended up passing with 61 percent - a
supermajority - of the vote
in Oregon!
All Oregon Counties:
Counties where Measure 37
PASSED (35 of 36 all
but Benton) :
The purpose of this site
is to provide property owners with information and resources to pursue
relief under the provisions of Ballot Measure 37. This information
is not intended to be used as legal advice, and we strongly suggest you
contact an attorney for further advice.
The measure went
into effect on December 3rd, 2004. Property
owners are now able to seek relief under the provisions of Ballot Measure
37.
PROTECT
YOUR VOTE!
Less than 12 hours after
the polls closed in Oregon, lawyers across the state had already begun
scheming to invalidate the results of Ballot Measure 37. That's
right, despite the landslide victory for Measure 37, the forces which
oppose restoring your rights began to craft a scheme to throw away your
vote!
Lawyers and
some extremists like 1000 Friends of Oregon, Washington D.C.-based groups such as the National
Defenders of Wildlife, the National League of Conservation Voters and the
San Francisco-based Sierra Club want to silence your voice.
One attorney even stated about the
collective voice of Oregonians on Ballot Measure 37:
"I will put a couple of enlightened attorneys up
against a million Oregonians any day, since the masses do not make right
in this Republic, no matter how many you stack up against the
wall!!"
These comments demonstrate how the elite feel
about the value of your vote, and your ability to make considered,
rational decisions. Because the lawyers are already trying to
destroy your vote, we must be ever vigilant of their attempts to
silence your voice.
Click on the Box Below if You Want to Protect
Your Vote!
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