Landmark Property Rights Case Comes to an End (Government Loses One)

...This respect for property has lead America to be the richest and most prosperous country in history. The Framers understood that freedom means nothing if the fruits of ones labor could be expropriated at the whim of a powerful politician or bureaucrat...

...Dorothy English understood this too. When she tried multiple times to develop her land, she was denied permits because the government rezoned her property into a protected commercial forest. As PRA noted earlier, the government has a long history of using environmental regulations to effectively seize private property for “public use.” As Mrs. English put it, “My lawyer researched it and found there were 61 regulations against my property—61!” Yet, instead of just lying down, she took action.

English became the face of a popular voter initiative, Measure 37. The Measure forced the government to either waive regulations, or provide compensation to land owners whose property values have decreased because of said regulation. It passed 61% to 39%. English became the first person to file a claim under the new law.

Unfortunately, the victory was short lived. Measure 49, an initiative that scaled back some of the gains made by Measure 37, was passed three years later in 2007. (Click here to view PRA’s press release condemning Measure 49) However, Oregon’s Supreme Court still ruled in English’s favor because she won her claim before Measure 49’s passage... [That’s the meat of the article]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.