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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Morally, however, DanS was really right. Oregon voters clearly lacked the understanding of property rights, or the empathy for how taking those rights would affect others, to keep measure 37 on the books. If measure 49 had not passed, the land covered by measure 37 — even at just 1.5 percent of the state — would have been sufficient to meet Oregon’s development needs for many decades. As it is, Oregon is likely to become as unaffordable as California in the next boom.

Whoever lost the bet promised to buy the other dinner when DanS next took a bike ride through Oregon. I suggest we call it a draw and I look forward to having dinner together whenever he shows up.