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Recently, the Joint Ways and Means Committee approved House Bill 3540B.  HB 3540B is the Legislature's attempt to repeal Measure 37.  HB 3540B sends a new ballot measure to voters that will appear on the ballot in either September or November.

The Oregon Association of REALTORS® did not take a position on Measure 37 during the 2004 campaign for a variety of reasons.  While the Association was convinced that the land use system was in dire need of reform, it did not believe that Measure 37 was the best response.  Nevertheless, the voters overwhelmingly passed Measure 37 and the Oregon Supreme Court ruled it to be constitutional.

Over 7,000 Measure 37 claims have been filed against the state and/or local governments.  Many of these claims have been approved and some claimants have spent tens of thousands of dollars perfecting their claims, under a valid and constitutional law. 

In January, the Association offered the Legislature a five-point plan to deal with Measure 37 that was fair and balanced to all parties.  This five-point plan was rejected.  Instead, the Legislature appears ready to pass HB 3540B which would ignore the rights of many Measure 37 claimants and do the following:

1. Most claimants who filed a claim would have to re-file it, even if the claim has already been approved.
2. All existing claims for commercial and industrial uses would be automatically disqualified.
3. A complicated scheme is used to replace Measure 37 for the remaining residential claims.  Under this scheme, most Measure 37 claimants will only qualify for one to three new houses.  Claimants seeking more than three houses would need to meet criteria that, in most cases, are impossible to satisfy.
4. A threshold is established for new residential land use regulations.  That means that for all new land use laws affecting residential property, state and local governments would be allowed to impose regulations that reduce property values by up to 25% before triggering a claim for compensation.  Commercial and industrial properties, such as small businesses, would not have a claim whatsoever.
5. Land use regulations adopted by the Metro Regional Government are exempted.

HB 3540B may be voted on as early as Thursday, May 3 in the House of Representatives.  It if passes, it will be voted on in the Senate shortly thereafter.

Please contact you Representative and your Senator to let them know that you oppose HB 3540B.  The bill should be sent back to committee so that it can be amended to take into consideration the rights of Measure 37 claimants.  To take action, please follow the steps below.

Click the link below to log in and send your message:
http://votervoice.net/target.aspx?id=orar:15014378

contact our Lobbyist, Jana Jarvis at 1(800) 252-9115