Through a Glass Darkly: Measuring Loss Under Oregon's Measure 37

Abstract

In 2004, the voters of Oregon passed Measure 37 which required payment of just for alleged loss in value following the adoption or amendment of land use regulations. A claim need not be supported by any evidence under the measure and there were robust timelines for the affected public agency to respond to the claim, with the alternative being a lawsuit with attorney fees and costs being awarded the plaintiff property owner (and only the property owner) if she prevailed. That compensation was due from the state or local government that passed the regulation and the principal method of avoiding liability was to drop those regulations that were enacted subsequent to the acquisition of the property by the present owner. Measure 37 was subsequently revised substantially; however, this paper deals with the state of affairs before that revision and focuses upon the practical and legal difficulties faced by property owners, public agencies and adjacent and nearby property owners and renters as a result of the Measure. In particular, the article attempts to deal with the concept of just under the peculiar standards established by this initiative.