Oregon Public Broadcasting

Oregon property rights advocates are planning to sue the state of Oregon, following a favorable decision from a federal judge in Medford.

District Judge, Owen Panner, ruled Wednesday that claims under the 2004 property compensation initiative Measure 37 were basically “contracts.” That means they were not dissolved when the legislature scaled back the law last year with Measure 49.

But Panner's apparent restoration of Measure 37 only affects Jackson County decisions.

State officials point to other court decisions that found Measure 37 claims needed state sign-off.

Dave Hunnicutt, with Oregonians in Action, plans to sue the state to push this new ruling further.

Dave Hunnicutt: “I suspect now that there’ll be a lawsuit filed against the state, naming the state as a defendant, asking for the same ruling that Judge Panner gave. I would expect that to happen either from us, or from another group of attorneys.”

Hunnicutt says the lawsuit will come in the next few weeks. He’s hoping it can be resolved in time to influence the 2009 legislature.

Jackson County officials say they're in "legal limbo" until Judge Panner tells them how to proceed under both Measure 37 and 49.