The Backlash to Land Use Regulation Continues: An Analysis of Oregon's Measure 37

摘要

Oregon voters passed Measure 37 in 2004; a major victory for those who favor reductions in government regulation of private property. This strong property rights protection law goes beyond those passed in other states to require state and local governments to either compensate land owners when land use regulations lower their property value, or to waive those rules.' Because local governments are already cash strapped, the inevitable consequence will be a waiver to many of the State's land use regulations. Oregon's land use planning system, established by Senate Bill 100 in 1973, has led to the preservation of the state's natural resources, strict urban growth boundaries, and preservation of farmland.2 Instead of challenging Oregon's popular planning system directly, proponents of the Measure made it an issue of "fairness and cost" to pass the law with overwhelming voter support.3 The threat posed to Oregon's planning system by such a powerful law indicates a continued, if not greatly increased, pressure on lawmakers and planners to better balance the interests of private property interests and the public good.