Oregon Public Broadcasting

Claimants under the 2004 property compensation initiative, Measure 37, got a “good news, bad news” legal decision, this week. Rob Manning explains.

Five property owners will be able to move ahead with construction, after Judge John Collins’ ruling. The property owners used Measure 37, three years ago, to exempt themselves from land-use rules, and then they started developing.

When legislative referral, Measure 49, passed last year, it meant that only developments that a court found had made substantial progress would be allowed to go forward.

Judge Collins’ green-light helps establish a threshold that Measure 37 advocates generally agree with.

But, Collins disagreed with a sweeping federal court decision from last week.

That ruling said that land-use  exemptions granted to property owners are “contracts,” and not subject to changes under Measure 49.

Judge Collins says they're not contracts because the government didn’t promise money.

Resolving the “contract” issue likely rests with a higher court.