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Year Zero: The Aftermath of Measure 37

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Document pages: 33 pages

Abstract: The passage of Measure 37 through the initiative process in Oregon in 2004 opened state and local governments to claims for "just compensation " based on state law, rather than the state or federal constitutions. In general, claims were easy to bring and did not require supporting information. The public agency had a timeline to evaluate and decide the claims. Although there were exceptions (for example, health and safety regulations), there were also the prospect of payment of damages and attorney fees if the local government did not decide the claim in a timely way and a claimant could show any devaluation of property under land use regulations. The default position was to "roll back " land use regulations to those in existence when the current owner acquired the land.This paper discusses the history and operation of Measure 37, as well as its support for passage by the timber industry, which most stood to benefit by its provisions. [Note -- Measure 37 was later substantially modified by Measure 49, which was referred to, and approved by Oregon voters in 2007.

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