The Bet

By the way, some readers will remember that the Antiplanner had a bet with loyal opponent DanS about whether Oregon voters would repeal measure 37. Under the terms of the bet, “Any mere modification of the law, such as an amendment that allows some landowners to make claims but not others (such as individuals vs. corporations) or allows some claims but not others (such as allowing people to subdivide their land in three or four parcels but not scores of parcels) does not qualify as a ‘repeal.’

Measure 49 allows landowners who made claims under measure 37 to subdivide their property into three parcels, and may allow some to subdivide into up to ten parcels. So technically (since it doesn’t look like any further action will be taken to weaken measure 37), the Antiplanner has won the bet.

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Property Rights: Not Yours

The Antiplanner has refrained from commenting on a recent Oregon land-use decision because it turns my stomach and because there doesn’t seem much point. The way that planners view property rights is so completely different from the way economists view them that never the twain shall meet.

Long-time readers will recall that, in 2005, Oregon passed ballot measure 37, which restored property rights to people whose land had been regulated by zoning and planning. Under the law, anyone who owned their land prior to regulation could ask for compensation or to have the rules waived. Landowners representing about 1.5 percent of the land in the state applied for compensation or waivers.

Two years later, Oregon voters passed measure 49, which practically repealed measure 37. Under measure 49, landowners could only subdivide their property into three parcels — even if the rules when they purchased the land allowed them to subdivide it into dozens or hundreds of lots. Under special circumstances, measure 49 allowed owners to subdivide into 10 lots. In addition, landowners who had already made a special investment in developing their property under measure 37 were exempt from 49.

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