| Oregon Ballot Measure 37 2004 |
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Information AboutOregon Ballot Measure 37 2004 |
| CATEGORIES ABOUT OREGON BALLOT MEASURE 37 2004 | |
| oregon ballot measures | |
| 2004 37 | |
| urban studies and planning | |
| 2004 in the united states | |
| 2004 referendums | |
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CONTENT OF THE PROPOSAL The law enacted by Measure 37 allows property owners whose property value is reduced by environmental or other land use regulations to claim compensation from state or local government. If the government fails to compensate a claimant within two years of the claim, the law allows the claimant to use the property under only the regulations in place at the time he/she purchased the property.http://www.lcd.state.or.us/LCD/MEASURE37/index.shtml LEGAL CONTEXT See Also: Regulatory taking Advocates for Measure 37 have described it as a protection against "regulatory taking," a notion with roots in an interpretation of the United States Constitution . The Fifth Amendment To The United States Constitution ends as follows: That phrase provides the foundation for the government power of Eminent Domain . It is also used to justify restrictions on forms of regulation that are so extensive as to deprive the property owner of any economically viable use of his land (as spelled out in the 1922 United States Supreme Court case Pennsylvania Coal Co. V. Mahon .)http://caselaw.lp.findlaw.com/data/constitution/amendment05/14.html The advocates of Measure 37 take the concept of regulatory taking a step beyond that outlined in the Constitution, considering any reduction in a piece of property's value - for instance, a reduction resulting from an environmental regulation - to constitute a "regulatory taking," and thereby justifying compensation to the owner.http://www.mrsc.org/Subjects/Legal/takings.aspx | |||||||||||||
SEE ALSO REFERENCES EXTERNAL LINKS Background on Property Rights
Oregon specific linkings
Political and legal analysis
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