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.

1 minute read

October 18, 2005, 6:00 AM PDT

By nlienhart


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."

Thanks to Nolan Lienhart

Monday, October 17, 2005 in The Oregonian

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 30, 2025 - Diana Ionescu

Close-up on Canadian flag with Canada Parliament building blurred in background.

Canada vs. Kamala: Whose Liberal Housing Platform Comes Out on Top?

As Canada votes for a new Prime Minister, what can America learn from the leading liberal candidate of its neighbor to the north?

April 28, 2025 - Benjamin Schneider

Hot air balloons rise over Downtown Boise with the State Capitol building visible amidst the high rises.

The Five Most-Changed American Cities

A ranking of population change, home values, and jobs highlights the nation’s most dynamic and most stagnant regions.

April 23, 2025 - GoodMigrations

People biking along beach path with moored ship in San Diego, California.

San Diego Adopts First Mobility Master Plan

The plan provides a comprehensive framework for making San Diego’s transportation network more multimodal, accessible, and sustainable.

May 2 - SD News

Sleeping in Public

Housing, Supportive Service Providers Brace for Federal Cuts

Organizations that provide housing assistance are tightening their purse strings and making plans for maintaining operations if federal funding dries up.

May 2 - KSL

Conductor walks down platform next to Amtrak train at station in San Jose, California.

Op-Ed: Why an Effective Passenger Rail Network Needs Government Involvement

An outdated rail network that privileges freight won’t be fixed by privatizing Amtrak.

May 2 - Streetsblog USA

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.

Senior Manager Operations, Urban Planning

New York City School Construction Authority

Building Inspector

Village of Glen Ellyn

Manager of Model Development

Central Transportation Planning Staff/Boston Region MPO