Judge Rules Oregon's Measure 37 Unconstitutional

Oregon's land use laws were thrown into new controversy as a Marion County Circuit Court Judge ruled last November's property rights initiative invalid. The measure, which passed with 60% voter approval in 2004, would have provided property owners compensation or relief from land use laws not in place at the time they acquired the land. If upheld, the ruling poses a stronger challenge to property rights efforts than the court's rebuke of 2000's measure 7, which was overturned on a technicality.

Oregonians in Action, the group that sponsored Measure 37, will now shift its energy from efforts to expand the rights won in 37 to a new fight to pass a constitutionally sound property rights package. Land use advocates are expected to propose a milder version of Measure 37 that would prevent substantial injury to property owners while also protecting Oregon's landmark statewide land use planning system.

"The ruling was so sweeping, it will not only halt thousands of acres of rural development, but also may force property rights advocates to try a different approach if they want to weaken Oregon's land-use laws."