Oregon Supreme Court Upholds Measure 37

The AP contributed to this story

Measure 37 requires governments to pay landowners for property value losses caused by regulation, or to forgo regulations. Photo: Salem-New.com

(Salem) - The Oregon Supreme Court upheld a voter-approved property rights law today, sweeping aside a lower-court ruling that said the measure was unconstitutional. Measure 37 requires governments to pay landowners for property value losses caused by regulation, or to forgo regulations. In today's ruling, the Supreme Court reversed a decision issued in October by Marion County Circuit Judge Mary James, who said Measure 37 violated the state and federal constitutions.

Governor Kulongoski praised the Oregon Supreme Court for its timely action in addressing a challenge to Ballot Measure 37, which voters passed in 2004.

"I am grateful that the Oregon Supreme Court has addressed this matter so quickly," the Governor said. "Oregonians have been well served by the attention this critical case has received from their Supreme Court justices, and I thank them."

"Today the court has answered the fundamental question about the constitutionality of Measure 37, but many other questions about the measure remain unanswered," the Governor added. "Without some action by the legislature, it may be years before additional court cases begin to clarify all of the uncertainties about the law. In the process, those cases will entail substantial costs and frustrations for state and local governments and private property owners throughout Oregon.

"I want to make it clear that the legislature has the power to resolve the questions about this measure in order to strengthen fairness in our land use program, while still preserving Oregon`s heritage of wise land use planning. I am prepared to work with the legislature to develop a workable alternative to the measure, as I did in the past session.

"Finally, the court`s decision today underscores even more urgently than before the need for the recently appointed Task Force on Land Use Review to undertake a comprehensive review of our land use planning program. I renew my charge to the Task Force to work thoughtfully and to engage Oregonians in shaping a new vision for the future."

Stay with Salem-News.com for more on this developing story.