Measure 37 overturned

Measure 37 was passed by Oregon voters in November of 2004 and requires that state and local governments either compensate land owners when regulations lower property values or waive the rules. Marion County Circuit Judge Mary James struck down the law. It will now go to the State Supreme Court.

James said the statute violates equal protection provisions of the Oregon Constitution and a state constitutional ban on suspending laws.


She also ruled it breaches the separation of powers between government branches, "intrudes on" legislative authority and violates due process protections under the U.S. Constitution.


Foes of the law argued that it violates the "equal privileges and immunities" provisions of the state constitution because it gives benefits to people who buy their land before regulations were applied but not to those who purchase property later.


The judge said the distinction between those groups "is not reasonably related to a legitimate state interest and, therefore, is unconstitutional."


An appeal to the Oregon Court of Appeals and eventually to the Oregon Supreme Court was expected no matter which way the trial court ruled.

One problem with Oregon's Initiative, Referendum and Recall system is it's too easy. In recent years we have had 10 or 20 initiatives on the ballot for each election. Most fail and many of the initiatives that pass are later found to be unconstitutional.