Posted on 02/22/2006 1:34:21 PM PST by Busywhiskers
IV. CONCLUSION
In sum, we conclude that (1) plaintiffs' claims are justiciable; (2) Measure 37 does not impede the legislative plenary power; (3) Measure 37 does not violate the equal privileges and immunities guarantee of Article I, section 20, of the Oregon Constitution; (4) Measure 37 does not violate the suspension of laws provision contained in Article I, section 22, of the Oregon Constitution; (5) Measure 37 does not violate separation of powers constraints; (6) Measure 37 does not waive impermissibly sovereign immunity; and (7) Measure 37 does not violate the Fourteenth Amendment to the United States Constitution. The trial court's contrary conclusions under the state and federal constitutions were erroneous and must be reversed.
The judgment of the circuit court is reversed, and the case is remanded for entry of judgment in favor of defendants and intervenors.
(Excerpt) Read more at publications.ojd.state.or.us ...
Aaannnnndd.....
Whew, that's a relief.
What's Measure 37?
Factual post.
Context?
Importance?
Relevance?
LOL! The poster must be a Consultant. The information is technically accurate, but completely useless.
You think measure 37 is exciting and bawdy, you should have read about measure 36 1/2!!!
"In general, Measure 37 requires state and local governments to compensate private property owners for the reduction in the fair market value of their real property that results from any land use regulations of those governmental entities that restrict the use of the subject properties. As an alternative to the requirement of compensation, however, Measure 37 allows state and local governments to "modify, remove or not * * * apply the land use regulation or land use regulations to allow the owner to use the property for a use permitted at the time the owner acquired the property." ORS 197.352(8). Measure 37 limits compensation and relief from land use regulations to property owners who acquired their property prior to the enactment of the land use regulations that provide the basis for their claims. The people enacted Measure 37 through the initiative process at the 2004 General Election, and the measure became effective on December 2, 2004."
...reading.
So the Court is saying that 37 stands and property owners are protected as the voters intended. And that those trying to stop this used extremely stupid reasons for doing so.
This will be the hot bed issue for the governor race. Teddy is going down. Atkinson for Governor!
Simply put ~ it's a private property recognition measure. The state can't take your property any longer and can't keep you from selling, sub dividing, building, etc whatever you want on it.
Boy I love these posts that say absolutely nothing.
For all who care - when you post an article there is this wonderful little box where you get to make the first comment. Don;t assume everyone out there knows the details of what is happening in your hometown. Winning the 'race' to get in the first post on an item should be less important than providing useful information.
Pamela Andersons bust size!
THIS is GREAT.....I'm waiting for news from Hood River....many farmers have property that's been owned by family for 50-150 years that they can now divide.....since apple and pear producing pays little to nothing....
See #10
"Teddy is going down. Atkinson for Governor"
Amen to that! Jason seems like a good guy.....Out with Kulingowski!!
If your domain eminates, you might want to think about shielding.
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