Measure 49 Adopted by Oregon Voters
Measure 37, enacted in 2004, permits landowners whose property has been devalued by a land use regulation enacted since they acquired the property to either obtain compensation for the loss in value or a waiver of the regulation. On November 6, 2007, Oregon voters adopted Measure 49 with about 61% of the vote. Measure 49 makes significant changes to the relief available under Measure 37 and the procedures for making Measure 37 claims. The more significant changes include:
• Eliminating the right to file new claims, or pursue already-filed claims, for non-residential uses or for residential development of more than ten homes.
• Eliminating the right to file new Measure 37 claims for any land use regulations enacted before January 1, 2007. Claims based on regulations enacted after that date must be filed within five years after enactment of the regulation or the date the regulation becomes applicable to the property, whichever is later.
• Exempting from Measure 49 all claimants who received Measure 37 waivers prior to adjournment of the 2007 Legislature and who have engaged in substantial construction in reliance on the waiver. All other claimants with either awarded or pending claims prohibited by Measure 49 may amend their claim to seek the right to develop ten homes or less, but may not increase the number of homes requested in the original claim.
• Providing that claims for three homes or less outside of any urban growth boundary will be processed through a more streamlined procedure requiring less evidence of lost property value and less paperwork. Claims within an urban growth boundary, or for more than three homes outside an urban growth boundary, must meet more stringent evidentiary and filing requirements (including submission of an appraisal) and are not allowed on high-value farmlands, forestlands or groundwater-restricted lands.
• Allowing claimants to include the cost of preparing a claim in the value of the claim.
• Limiting lot sizes for new homes to two acres on high-value farmlands, forestlands or groundwater-restricted lands, and five acres otherwise.
• Limiting the total number of new homes statewide for any one claimant to twenty.
• Prohibiting Measure 37 claims by owners with respect to regulations enacted prior to approval of a comprehensive map amendment or zoning change at the request of the owner, or the filing of an application for annexation by the owner.
• Extending Measure 37 claim rights to surviving spouses of deceased persons who, if alive, would have a valid claim.
• Clarifying that homebuilding rights pursuant to a Measure 37 waiver are transferable to new owners of the property, provided that the homes are built within 10 years.
Once Measure 49 takes effect on December 6, 2007, government agencies that have granted Measure 37 claims and have claims pending will be required to notify the claimants as to their rights and obligations under Measure 49 within 120 days.
