A quiet counterrevolution in land use regulation: The origins and impact of Oregon's measure 7

Abstract

In November 2000, Oregon voters adopted Measure 7, the nation's most absolute definition of a regulatory “taking” and the compensation required for any and all loss of potential property value because of state or local regulations. Although the Oregon Supreme Court later invalidated Measure 7 on technical grounds, it is important to understand the origins and meaning of this drastic action. This article describes the proplanning consensus that has dominated Oregon since the 1970s, examines the Measure 7 campaign and its political consequences, and analyzes the emerging tensions within the Portland metropolitan area and across the state that led to this grassroots counterrevolution. We conclude that Measure 7 does not signal the end of Oregon's land use planning system, but that it is likely to force a rebalancing of the regulatory system to address the real hardships that regulations governing land development can impose.