With the passage of Oregon's Measure 49, some development projects already approved under the now-overturned Measure 37 may be in limbo as the courts determine whether they can be completed.
"Developers who have already obtained permits to build on property affected by voter approval of Measure 49 changes in land use law may have to turn to the courts to decide whether they have gotten far enough to keep building."
"Determining whether rights have been vested will mostly be up to the courts, according to state officials and various groups involved in the property rights battle."
"'If people come to us and say, ‘Give us your stamp saying we're vested,'' they will end up going to their county government or the courts to get an answer because the state does not make that determination, said Michael Morrissey, the Measure 37 division manager for the Oregon Department of Land Conservation and Development."
"Morrissey said only about 500 property owners of the 7,500 who have filed Measure 37 claims have qualified for the necessary permits so far, and there was no way to determine how many of those 500 had moved forward enough to be considered 'vested,' but he suspected it was a relatively small number."