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Measure 49

Legislative Argument in Support

The people of Oregon want Measure 37 to be fixed.

That was the clear message delivered to the Legislature this year.

Hundreds of Oregonians from around the state traveled to Salem for nine public hearings to describe the chaos and confusion created by Measure 37.

Here's what they told the Land Use Fairness Committee:

  • Measure 37 is not working for farm families and small land owners who wish to build homes on their property.

  • Big developers have been exploiting Measure 37 to pave the way for large subdivisions and strip malls on lands now reserved for farming and forestry.

Those big developments diminish our most valuable natural-resource lands, deplete scarce water supplies and overwhelm local roads, schools and public safety services.

Even worse, Measure 37 has pitted neighbor against neighbor, with more than 270 lawsuits pending in Oregon courts.

Most of the 369 Oregonians who traveled to Salem to share their concerns asked us to fix Measure 37, suspend it or repeal it outright. Many told us they had voted for Measure 37 but wish now that they could change their vote or change the measure to do what they had intended. Not one person told us they had voted against the measure and now wish they had voted for it.

This input convinced us to come back to you, the voters, with a proposal to address Measure 37's flaws.

Our proposal - Measure 49 - does not repeal Measure 37. Instead, it establishes a balance in our land use system to protect the rights of landowners and their neighbors. It protects the right of farm families and other landowners to build homes on their property and protects the lands and resources that make Oregon a special place to live, work and raise a family.

Measure 49 is now in your hands. We hope you agree that Measure 49 offers a better way to protect and preserve the best of Oregon for all of us.

Committee Members: / Appointed by:
Senator Floyd Prozanski / President of the Senate
Representative Brian Clem / Speaker of the House
Representative Greg Macpherson / Speaker of the House

(This Joint Legislative Committee was appointed to provide the legislative argument in support of the ballot measure pursuant to ORS 251.245.)

Argument in Favor

The Bowerman Family asks for your YES vote on Measure 49.

Our family arrived by covered wagon in Oregon in 1845 with a vision of raising future generations in the natural splendor of this rich and beautiful land. Much has changed in the 160 years since then, but one thing remains constant: our family's deep commitment to the care of Oregon.

We have worked as farmers, homemakers, teachers, shopkeepers, woodworkers, and more. We have lived and continue to live in all regions: the Willamette, Rogue and John Day Valleys; Portland, Medford, Bend, Eugene, Fossil and other towns. We know from family history that our grandparents and great-grandparents treasured and nurtured their relationship with the land. Our present generation carries on this family tradition.

We are convinced that Measure 37 must be fixed or it will wreak havoc on the productivity and beauty of our state; will effectively dismantle Oregon's commitment to growth management; and will have severe detrimental consequences for our children and grandchildren.

We have studied Measure 49 thoroughly. We are convinced it is absolutely necessary to correct the unintended consequences of Measure 37. All Oregonians must work together to preserve our special quality of life for future generations.

Please join us, vote YES on Measure 49.


Barbara Bowerman, Fossil

Jon Bowerman, Wheeler County

Jay Bowerman, Deschutes County

Tom Bowerman, Lane County

Kristine Bowerman, Lane County

Jayson Bowerman, Deschutes County

Tracy Bowerman, Bend

McKenzie Bowerman, Oakridge

Danielle Bowerman, Oakridge

Will Bowerman, Fossil

Elizabeth Bowerman, Redmond

(This information furnished by Tom R. Bowerman.)

Argument in Favor

A Message from Four Oregon Governors

Dear Fellow Oregonian:

We come from different political parties, different parts of Oregon, different occupations, and we each had the privilege of serving Oregon as Governor during very different times.

For all our differences, however, we share a love of Oregon. We appreciate the legacy we have been given, and understand the tremendous responsibility we have to protect that legacy and pass it long.

Oregon is loveable - and livable - because Oregonians have actively engaged in protecting that legacy. That's why we have the bounty that other states have lost:

  • Majestic forests that offer beauty, recreation and a livelihood for many communities.
  • Irreplaceable farmland that supports a rich and varied agricultural economy; and
  • A balance that protects Oregon's unique assets and the property rights of Oregonians.

That is why we come together to ask you to vote Yes on Measure 49.

Measure 49 will fix the flaws in Measure 37 - flaws that threaten the Oregon we love. Measure 37, passed in 2004, has opened the door to massive development that will destroy the farmland, forestland and water resources we have today.

Measure 49 will deliver what Oregonians had in minds when they voted on Measure 37: a balance that protects Oregon's farms, forests, and water and allows individual property owners to build more than one home on their property.

Measure 49 will also deliver something bigger: a workable land use policy that will allow us to keep our precious Oregon assets - the things that make Oregon special - and be fair to property owners.

Please join us in voting Yes on Measure 49.

Governor Vic Atiyeh (1979 - 1987)
Governor Barbara Roberts (1991 - 1995)
Governor John Kitzhaber MD (1995 - 2003)
Governor Ted Kulongoski (2003 - present)

(This information furnished by Theodore Kulongoski.)

Argument in Favor

Measure 37 is a Mess.
Measure 49 Will Clean It Up.

Measure 37 was sold as a way to allow a landowner to build a few homes to their property - for their kids or to fund their retirement - if they could do so when they bought the land.

Since its passage, over 7,500 claims for development have been filed covering about 730,000 acres of the state. Most of the claims are for 10 or fewer houses. (Up to that amount is allowed under Measure 49).

But most of the acreage covered by M37 claims is for enormous development: huge housing subdivisions, strip malls and big box stores. Almost all of this large-scale development is on Oregon's prime farmland, in forests and along water - where it just doesn't belong.

Measure 37 has also created incredible confusion and unfairness in every corner of the state.

Rules should be the same for everyone. But that's not how Measure 37 is working.

Nobody has been able to figure out Measure 37's flawed language, so it is interpreted differently, county by county, property by property.

Measure 49 clarifies the rules and makes them consistent throughout the state.

Measure 37 also destroys the rights of some, while giving a bonanza to others.

For example, M37 left out the right of "transferability." That means some people who want to build a few homes on their land - for their kids or to fund their retirement - cannot transfer the rights to own those homes to their children or a new owner. Even a surviving spouse whose name doesn't appear on the deed since the beginning of ownership cannot proceed with a Measure 37 claim.

Measure 49 allows transferability of development rights for kids and surviving spouses.

Measure 49:
Makes the rules consistent for everybody.
Strengthens rights of small individual property owners.
Protects farmland, forests water and our quality of life from the abuses of Measure 37.

Clean up the mess!
Vote YES on 49

(This information furnished by Elizabeth Kaufman, Yes on 49 Campaign.)

Argument in Favor

How does Measure 49 work?
It's really pretty simple.

Measure 37 - passed in 2004 - has created chaos for Oregon's unique natural beauty and for landowners who thought they could do what they want with their own property. There are different rules for every property, different interpretations of its vague language in every county, and the flaws of Measure 37 allow massive subdivisions, commercial and industrial development in places they simply don't belong.

Measure 49 takes this chaos and makes things straightforward, consistent and balanced for property owners and all of Oregon.

Here is how it works:

  • Measure 49 protects the property rights of small individual landowners by immediately allowing them up to 3 houses on their property, if the law allowed it when they bought their land. And it will pass those rights on to a surviving spouse or to someone who purchases the property from the current owner- something that Measure 37 left out and needs to be fixed.

  • Additionally, property owners can build up to 10 houses if they can document a decrease in property value equal to the value of the additional houses - just as Measure 37 originally promised. (Three homesites - clustered on one portion of large properties-- is the limit for high-value farmland, and forests or places with limited water supplies.)

  • Measure 49 limits large development - in order to protect Oregon's farmland, forests and water. That means stopping the abuse of Measure to develop huge housing subdivisions, strip malls, big-box stores, and mining operations where they are not allowed by zoning.

The development interests who stand to make huge profits from Measure 37 are the ones opposing Measure 49. They will try their best to confuse the issue, claiming that Measure 49 is complicated. But as you can see, it is quite straightforward.

For more information, go to www.yeson49.com and read the entire ballot measure.

Vote Yes on 49

(This information furnished by Emily Jackson, Yes on 49 Campaign.)

Argument in Favor

Measure 49: Fact vs. Fiction

Does Measure 49 Repeal Measure 37?
No. Measure 49 fixes the major flaws and loopholes of Measure 37 that have both frustrated landowners with modest claims and threatened our farmland, forest, and water supplies with claims for large subdivisions, strip malls, billboards, and gravel pits. Measure 37 remains law—Measure 49 simply makes amendments to restore balance and deliver what Measure 37 promised.

Will Measure 49 wipe out almost all current Measure 37 claims, and eliminate all protection from future regulations?
Absolutely not. Measure 49 allows claimants to move forward with development of up to 3-10 homesites and guarantees the ability to file claims for future changes in residential use of property, and farm and forest practices. The claim that the government will come to take your home is patently false.

Will people with valid Measure 37 claims have to start over?
No. Within 120 days of passage of Measure 49, claimants will receive a simple form from the state asking them to choose between the 'fast track' up to three homesites or—if they can prove property value loss, backed up with an appraisal—4 to 10 homesites. Then, the claimant may proceed with development.

Are Oregon businesses are specifically targeted by Measure 49?
Oregon land use laws require that local governments provide land for commercial and industrial development. That requirement will continue. Measure 49 simply prohibits claims for industrial and commercial development not allowed by zoning.

Did the Legislature draft Measure 49 without holding public hearings?
Measure 49 was the result of dozens of hours of public hearings over several months, with testimony from hundreds of individual Oregonians.

If Measure 37 is left unmodified, can more claims be filed in the future for large subdivisions, strip malls, billboards, and more?
If left unchanged, Measure 37 claims can continue to be filed indefinitely for large development not allowed by current zoning. Measure 49 closes this loophole.

(This information furnished by Laura S. Imeson, Yes on 49.)

Argument in Favor

Yes on Measure 49 - Protect Our Home: Oregon

I live on a farm in Washington County, amidst some of the best farmland on earth--where perennial tall fescue is grown for grass seed, filberts for Christmas stockings, sweet corn for the farmers market, and alfalfa to feed beef cows.

After Measure 37 passed, the first claims seemed reasonable: One neighbor wanted to divide her property into thirds. Another wanted to build one house on 10 acres.

But then the "other" claims came. Within just 3 miles of my farm, there are 54 Measure 37 claims to build a potential 1761 homes - most in an area designated "ground water restricted.'

Imagine moving combines, trailer loads of nursery stock, and large agricultural equipment over our narrow winding roads, amidst the flood of more vehicles commuting to jobs and school. Who will pay for road improvements? How will we provide water to 1761 homes?

This kind of random, intense development will have a devastating impact on highly productive farmland.

And who "benefits?" Not the small property owner. Within Washington County, 88% of the Measure 37 home sites are requested by just 20% of claimants.

Meanwhile, most farm families cannot file Measure 37 claims, though their land has been in the same family for 50 years. Yet their economic livelihood will be severely impacted, if not destroyed.

Nearby elderly widows try to file modest Measure 37 claims, but are denied because they were never on the deed with their husbands.

Other families can't profit from their Measure 37 claims, because development rights aren't transferable.

Measure 49 re-balances Measure 37.
It provides relief to those who want to build a home or two on their rural property.
It helps the elderly claimants wanting to provide for their retirement or a place for their children.
And, by limiting the size of development, we keep the impact to the community and reasonable and manageable.

Vote YES on Measure 49

David Papworth

(This information furnished by David Papworth.)

Argument in Favor

Do you want to really protect Property Rights?
Then Vote Yes on Measure 49!

I am a retired forester, a former contributor to Oregonians In Action and I strongly support private property rights.

But when the interests behind Measure 37 sold it to Oregon, they talked about protecting the rights of small property owners to build a few houses on their land, if it was permitted by the law when they bought the property.

Well, the timber and development industries that have filed claims to build massive subdivisions, commercial and industrial projects on protected farmland and forestland are doing great under Measure 37.

But Measure 37 left many small, individual landowners in the cold.

The flawed language of Measure 37 didn't spell out the ability to transfer development rights from one person to another - even to a surviving spouse! And it left the actual process for securing property rights vague, confusing and different from county to county, and city to city.

  • Measure 49 guarantees "transferability" of rights to a surviving spouse and if you sell your property to someone else.

  • Measure 49 provides an "express lane" for individual owners, immediately allowing them up to three houses on their property outside urban areas.

  • Measure 49 also provides a fair, simple process to build up to 10 homes by documenting an equivalent loss in value - as long as the extra houses are not on prime farmland or forestland and don't threaten limited water supplies. (In those cases, property owners can still get up to three homesites if that was allowed when they bought their land.)

  • And Measure 49 protects the property rights of neighbors, by not allowing massive subdivisions, industrial or commercial development where it just doesn't belong.

Measure 49:
Fair for Property Owners. Right for Oregon.

Ken Faulk, Benton County

(This information furnished by Ken Faulk.)

Argument in Favor

Measure 49 Will Stops the Abuses of Measure 37

Measure 37 was supposed to help small landowners - not large developers.

But the claims for development filed during the first two years of Measure 37 tell a different story.

For every claim filed by small landowners seeking to build one to three homes on their property, there have been four claims filed for subdivisions, for commercial and industrial projects, and for developments that claimants have not yet specified what will be built.

These numbers come from a hard count of Measure 37 claims by Portland State University's Institute of Portland Metropolitan Studies. The numbers show:

  • Claims filed by landowners known to be seeking one to three homes: 1,821 claims on 62,860 acres.

  • Claims known to be seeking housing subdivisions: 2,753 claims on 319,322 acres.

  • Claims on land now reserved for Oregon's farms and forests: 4,580 claims on 487,898 acres.

  • The ten largest subdivisions alone would carve out 34,850 home sites on 41,837 acres.

We shouldn't allow developers and speculators to take advantage of Measure 37 in this way.

We shouldn't allow our prime farm and forest lands to be paved over for massive subdivisions.

Measure 49 offers a better way:

  • It offers fast track approvals for the over 1,821 land owners who have filed claims to build one to three homes on their property.
  • It offers a reasonable compromise for thousands of land owners who filed claims for larger developments. These land owners can opt for three homes or seek up to ten homes on land that is not reserved for high-value farming or forestry and is not threatened with a shortage of groundwater.
  • It closes loopholes in Measure 37 that will otherwise allow speculators and developers to destroy the most productive lands in our state.

Give small landowners what they were promised by Measure 37. Stop the abuses by developers and speculators.

Vote Yes on Measure 49.

(This information furnished by Brian Rae, Yes on 49 Campaign.)

Argument in Favor

A Message from U.S. Senator Ron Wyden

Protect Oregon's Future.

Respect Oregon's Past.

Please Vote Yes on Measure 49

I've had the honor of representing Oregon in the United States Senate for almost 12 years. Throughout my service, I have been acutely aware that the decisions I make have an important impact on the future of our state. And, I've tried to make sure those decisions reflect the values of Oregon, and the legacy that has been passed on to all of us.

This fall we face a state ballot measure crucial to our future. And, I'm asking you to join me in voting Yes on Measure 49 because it is so important to protecting our priceless Oregon heritage.

Measure 37 articulated a principle that Oregonians believed in: respect for people's private property rights. But the way it did that had unintended consequences - and we now can see the results. The level of development - and the kind of development it has unleashed -- will destroy our farmland, forests and special places in a way that the voters did not intend. That has been demonstrated by the bipartisan outpouring of Oregonians who have called for a fix.

Measure 49 does not repeal Measure 37 - it restores the balance by allowing small individual property owners greater freedom to build, if the law allowed it when they bought their property. But it does that in a way that also protects our future by respecting our past: the legacy that is our Oregon.

There are very few decisions that will have a greater impact on our state, our children and our grandchildren. My decision is to vote Yes on Measure 49. I hope yours will be too.

(This information furnished by Senator Ron Wyden.)

Argument in Favor

Polk County Farm Bureau
for Measure 49

If you want the "little guy" to get a fair shake, vote "Yes" on Measure 49.

Over 42% of claims for development under Measure 37 seek 1-3 homesites.
Measure 49 gives these claims a green light and transferability.
That is what Oregon voters had in mind in 2004 when they approved Measure 37.

Measure 49's limits are needed. Nearly 58% of Measure 37 development claims are for large housing subdivisions, nearly 3,800 of them right on farm and forest land.
The proposed subdivisions average 134 acres each; and over 60% are in the Willamette Valley.

These subdivisions threaten farms. How? Go to Oregon Department of Agriculture's website, http://www.oregon.gov/ODA/NRD/m37.shtml, and see for yourself. ODA's maps show 969 Measure 37 subdivision claims scattered throughout the heart of vibrant farm areas of Marion, Clackamas, and Washington counties alone -- Oregon's TOP THREE producing farm counties.

These subdivisions would be an economic and environmental disaster for the Willamette Valley.

Measure 49 gives Oregon voters a chance to say, "Wait a minute! I didn't intend Measure 37 to undermine Willamette Valley agriculture, or to ruin the Valley's beauty."

Measure 49 allows what Oregon voters intended --some development for the little guy, but preserving our farmland:

  • 3 homesites if the claim is on high value farm or forest land, or in a restricted groundwater area. These homesites must be clustered at one end of the property and can only be 5 acres each, so they have the least impact on large swaths of farmland;

  • 4-10 lots if a claim is on any other type of land, based on proof of loss of property value - backed up by an appraisal.

Under Measure 49, every Measure 37 claim goes forward.
But Measure 49 sets limits that we can live with.

Measure 49 fixes the wrongs of Measure 37. Vote "YES" on Measure 49.

Thank you, from the heart of the Willamette Valley.

(This information furnished by Paul Thorp, Polk County Farm Bureau.)

Argument in Favor

The League of Women Voters of Oregon

Urges YOU to
On Measure 49

The League of Women Voters believes that Measure 49 is a fair and balanced solution to the problems created by Measure 37.

The League of Women Voters believes our 35-year-old land use planning system has provided good homes and good jobs while protecting our agricultural industry. We also believe in protection of private property rights balanced by consideration of public health and environmental protection. Measure 49 supports these values.

We should protect agricultural jobs by protecting agricultural land. We should protect tourism jobs by protecting Oregon's special places. We should protect our communities and limited tax dollars from expensive urban sprawl.

Measure 49 allows valid claimants and their spouses to build up to 3 homesites on their long-owned property or to transfer these rights to their kids or others, something Measure 37 does not do. Claimants may build up to ten homesites if they can prove lost value.

Measure 49 protects the rights of neighbors by stopping large subdivisions and industrial or commercial developments where they don't belong.

Measure 49 balances people's rights: Vote YES on Measure 49!

Join the

The League of Women Voters of Oregon

In Voting


On Measure 49!

The League of Women Voters is a grassroots nonpartisan, political organization that encourages informed and active participation in government.

(This information furnished by Marge Easley, President, League of Women Voters of Oregon.)

Argument in Favor

Frontline Fire Fighters say:

Help Us Protect Your Life and your Property.
Vote YES on Measure 49.

Our job comes down to one word: protection.

  • We are here to protect your life and the life of your family if there is a fire.

  • We also protect you in the case of a medical emergency, motor vehicle accident, natural or manmade disaster, and many other emergency situations that may exist.

  • And once we make sure you are safe, we protect your home, your business and your property.

The kind of development that Measure 37 will allow will make it more difficult to do our job. That is why Oregon's Professional Fire Fighters support Measure 49, and hope you will too.

As it stands right now, Measure 37 is poised to build large swaths of housing far away from services like fire and police protections. And dealing with that isn't as simple as saying "Well, just put a fire house there!"

  • Many Measure 37 developments are in places without enough water.

  • Sometimes they are in places where it would be very expensive to extend fire protection - more than local property taxpayers could handle.

  • And many of these developments are in places at high risk for wildfires and forest fires - dangerous for residents, and dangerous for fire fighters.

Measure 49 will let people build, but with a little common sense attached. And we can tell you from personal experience, common sense is one of the best fire prevention tools there is.

Join Oregon's Professional Fire Fighters in Voting Yes on 49!
Endorsed by Oregon State Fire Fighters Council

(This information furnished by Kelly Bach, President, Oregon State Fire Fighters Council.)

Argument in Favor

Measure 37 in Southern Oregon:
Subdivisions and Riverside Gravel Pits

In Jackson, Josephine and Klamath Counties - claims for Measure 37 development include proposals for enormous subdivisions on farmland, in forests and in areas with severe water problems.

Here are just some proposed Measure 37 developments in southern Oregon. For more information, call your County Planning Department.

Location: Old Stage Road, Gold Hill
# of acres: 346
Current zoning: exclusive farm use
Intent: Subdivision 340 into one-acre lots
[Contains mapped wetland]

Location: Pompadour Dr, Ashland, Jackson County
# of acres: 958
Current zoning: exclusive farm use
Intent: Subdivision into 958 one-acre lots for residential development

Claimant: Krouse Ranch, Inc.
Location: Along Applegate River, North Applegate Rd, Grants Pass
# of acres: 195
Current zoning: exclusive farm use
Intent: Aggregate excavation and removal

Claimant: Hill
Location: Along Applegate River, Hwy 238, Jackson County
# of acres: 102
Current zoning: exclusive farm use
Intent: Aggregate excavation and removal

From Jackson County staff reports: "The property is within a mapped sensitive wildlife habitat area, a wildfire hazard area, affected by the Applegate River 100-year floodplain, and activities will be visible from a designated outstanding scenic roadway" -- conditional use permit filed through Copeland Sand and Gravel, Inc.

Location: Pinecrest Drive, Josephine County
# of acres: 183
Current zoning: forest use, rural residential
Intent: Subdivision into 1-acre parcels; commercial uses

Location: Lower Klamath Lake Road, Klamath Falls, Klamath County
# of acres: 4,100
Current zoning: exclusive farm use, farm-forest mixed use
Intent: Subdivision into 17,859 parcels.

Location: Gerber Road, Bonanza, Klamath County
# of acres: 6,611.28
Current zoning: exclusive farm use, farm-forest mixed use, forest use
Intent: Subdivision into 1-acre lots.

Location: Paygr Road, Merrill, Klamath County
# of acres: 837
Current zoning: exclusive farm use
Intent: 800 one-acre lot subdivision.

These three proposed Measure 37 subdivisions alone in Klamath County would total 25,270 new homesites.

(Information provided according to most recent data available as of Aug 20, 2007.)

(This information furnished by Liz Kaufman, Yes on 49 Campaign.)

Argument in Favor

Vote Yes on Measure 49
Save Our Beautiful Applegate River Valley from Mining

We are residents of the scenic Applegate Valley in Southern Oregon. Recently, we joined together to form SAVE (Save Applegate Valley Environment) to fight three proposed aggregate/gravel mines along and in the middle of the Applegate River.

The owners of the properties had tried to develop these mines before, but Oregon laws protected the river from these dangerous proposals. Now the owners have filed Measure 37 claims for special rights to get these land use laws waived.

That's why we desperately need Measure 49.

These industrial aggregate (gravel) mines will have a devastating impact on our valley and community. Their application states there will be 12 inbound and 12 outbound trucks every hour. That's 220 truck trips per day for up to 10 years from just one mine!

220 truck trips per day for 10 years on our narrow, winding North Applegate Road.

There are many more problems:

Emergency vehicle access and response times - what will happen when emergency vehicles encounter huge haul trucks on our narrow winding road?

Our kids and school bus routes - what about the safety of school buses and our kids' who walk and bike along the roadway.

Property values - our property values will be in jeopardy if these mines operate. Who will be next?

Healthy River Systems - The Applegate is designated Essential Salmon Habitat for the Endangered Coho Salmon

Problems like these are why we have rules to protect communities and families - rules that Measure 37 eliminates in every part of Oregon.

Oregon voters never intended Measure 37 to destroy natural areas like the Applegate Valley with mining operations. That's why we need Measure 49 to clarify and fix Measure 37.

Measure 49 provides fairness to small property owners and prevents commercial and industrial development such as aggregate mining.

Please help us save our beautiful Applegate Valley. Vote Yes on Measure 49!

(This information furnished by Sean Jeans-Gail, Yes on 49 Campaign.)

Argument in Favor


Measure 37 was sold as a way for a property owner to build a few homes on their land for their kids or their retirement - if they could do so when they bought it.

But Measure 37 has also brought claims for development for enormous subdivisions destroying high-value farmland.

For example, while Marion County was the top agricultural county in Oregon in 2006, Measure 37 claims could bring in more than 251 new subdivisions. Once we lose this farmland, we never get it back.

Here are just a few of the 2,259 Measure 37 claims filed across the entire Willamette Valley:

Location: Groundwater limited area, Liberty Road South, Salem
# of acres: 215
Current zoning: exclusive farm use
Intent: Subdivision into 80 lots, each with individual groundwater well

Location: Quinaby Road NE, Salem
# of acres: 156
Current zoning: exclusive farm use
Intent: Residential subdivision and commercial uses

Location: 3500 Buena Vista Rd S, Salem
# of acres: 136
Current zoning: exclusive farm use
Intent: subdivide into 1 acre to 5 acre lots
Claimant: Ankeny Gun Club

Location: Cadle Road, Rickreall
# of acres: 462
Current zoning: exclusive farm use
Intent: Commercial retail use - shopping mall

Location: Highway 22, Yamhill County
# of acres: 7,647
Intent: Subdivisions

Location: Highway 99W, Newberg
# of acres: 69
Current zoning: exclusive farm use
Intent: Subdivision into one-acre or smaller lots for residential and commercial lots

Location: Niederberger Road, Dundee
# of acres: 15
Current zoning: rural-residential
Intent: 5-acre retail shopping center, residential subdivision

Location: Salmon River Highway, Polk County
# of acres: 219
Current zoning: farm-forest mixed use
Intent: Highway-oriented commercial, light-industrial, and residential subdivisions

Location: Dallas, Polk County
# of acres: 82
Current zoning: exclusive farm use
Intent: gas station, grocery, 1-acre residential dwellings, church, retirement home

(Information provided according to most recent data available as of Aug 20, 2007.)

(This information furnished by Jamie Hogue, Yes on 49.)

Argument in Favor


Our family lives near Dayton on a family farm established in 1923. Our family.my husband and I, our two children, and my husband's parents farms over 1,000 acres. We grow Marionberries, filberts, table beets, grass seed, and radish seed.

We had friends and even family who voted for Measure 37 having been mislead into believing that it simply would allow elderly landowners to add a home or two to their land. What they found is that Measure 37 really benefited real estate developers, not small property owners.

We worry about the loss of valuable farmland if Measure 37 isn't fixed. If farmers have to compete with developers, farmers will lose.

There are Measure 37 claims for 25 new housing subdivisions within seven miles of our farm. All those new houses are a threat to our ability to farm.

We've got a few neighbors now and have to be very cautious. We try to be quiet and when we're out early or late, we try to stay away from their houses. But it's just not practical to farm next to housing subdivisions. Farming is noisy, dirty and sometimes smells. We get used to it as farmers, but others find it offensive. If enough people move out to farmland and object, our right to farm laws will disappear.

Development like this hurts all of us: we're already too dependent on imported oil. Are we also going to have to depend on imported food because we run out of farmland? It just doesn't make sense.

Measure 49 is a reasonable compromise that will protect farmland. We won't have to worry about massive development putting farmers out of business.

Measure 49 will preserve our future and provide an opportunity for our kids to continue on the family farm.

Pieper & Tom Sweeney
Nancy & Sam Sweeney
Dayton, Oregon

(This information furnished by Pieper Sweeney.)

Argument in Favor

The family farmers and ranchers of Oregon Farm Bureau
ask you to vote yes on Measure 49

Oregon's family farm organization is Farm Bureau
Anyone can use the phrase "family farm." Many do because it evokes good feelings, as it should. Oregon's heritage and future are both inextricably linked with family agriculture. From serving as a pillar of the state's economy, to providing one of the most diverse varieties of fruits and vegetables and grains and livestock in the world, to providing beauty and wildlife habitat and countless environmental benefits, Oregon family farmers and ranchers remain a vital thread in the fabric of Oregon.. With membership that includes over 8,000 farm and ranch families across all 36 Oregon counties and with roots dating to 1919, Oregon Farm Bureau represents farm families in Oregon like no other organization does or could.

When Oregon Farm Bureau arrives at a policy position, such as our strong support for Measure 49, it is because family farmers and ranchers across the state have come together and discussed the issue in an open and democratic process and decided this is what is needed for the overall well-being of family agriculture.

It is not a coin flip, or a couple people sitting in a room, or knee-jerk ideological reaction. Oregon Farm Bureau is known for its open and deliberative decision-making process, and that's what gives our lawmakers and you the voter confidence that when you see our name it means something. It means farmers from all 36 counties have had input into the resulting stance.

Family agriculture's survival rests on a foundation made up of land, water, and labor available for agriculture and a regulatory environment that encourages family agriculture. Measure 49 helps us maintain a fair, balanced approach to being caretakers of the first and foremost of these needs: Our irreplaceable farmland.

Please join the family farmers and ranchers of Oregon Farm Bureau in supporting Measure 49.

(This information furnished by Dave Dillon, executive vice president, Oregon Farm Bureau Federation.)

Argument in Favor

Oregon Farm Bureau Young farmers & Ranchers Support Measure 49

We are young farmers and ranchers who work Oregon's farmland. We grow crops and livestock to produce a sustainable source of food, fiber and energy.

Many of our parents and grand parents farmed our land and we hope to see future generations have the opportunity to continue to work Oregon's wonderful farmland.

For farming and ranching to be sustainable a land base must be preserved. Development from Measure 37 claims threatens to damage Oregon's farming industry forever by taking thousands of acres of farmland permanently out of production by paving them over for subdivisions.

Much of our farmland is in water-limited areas. We work hard to conserve water to allow enough water for crops, livestock and wildlife. Large housing subdivisions don't belong in areas where there is already not enough water.

Agriculture and housing subdivisions don't go well together. Our work can be dirty and noisy. We often work all night during the harvest season. It just makes sense to keep rural land for agriculture.

There is a better way: Measure 49 allows a few homes to be built on land if owners could do so when they bought it. Measure 49 limits large developments so that housing subdivisions aren't replacing our precious farmland. We support this balance between private property rights and the need to protect our farmland.

Help protect farming in Oregon. Vote Yes on Measure 49.

(This information furnished by Troy Hadley, Chair, Oregon Farm Bureau Young Farmer & Rancher Committee, Oregon Farm Bureau.)

Argument in Favor


The Nature Conservancy is a leading conservation organization working in Oregon and around the world to protect ecologically important lands and waters for nature and people. We're working to pass Measure 49 because the health and vitality of communities and natural areas in Oregon is at stake.


Oregon families love our state's natural beauty. It's essential to our quality of life. Measure 49 will preserve what's special about Oregon.

Measure 49 restores a balance to Oregon. It enables private landowners to use their property for their families. It also prevents huge housing projects, malls and other big developments where they don't belong.


Oregonians know that healthy habitats are essential for wild animals and plants to thrive.

Measure 49 restores our ability to protect our streams, lakes, woods, grasslands and beaches - and to ensure the investments we make in critical habitats will produce lasting benefits for fish and wildlife.


Throughout Oregon, water for drinking, irrigation and wildlife is a precious resource. A major flaw in Measure 37 allows new developments to drill wells and deplete groundwater where water supplies are already limited.

Measure 49 will prevent such developments from diminishing clean water sources that are essential for Oregon families, farmers, fish and wildlife.


Forests, farmland and natural areas are disappearing throughout the world. In Oregon we take pride in protecting these assets. Will we preserve our natural resources for future generations, or will we let inappropriate development encroach on nature? That's the fundamental question you will decide November 6.

The Nature Conservancy urges you to vote YES for Measure 49.

Russell Hoeflich, Oregon Director
Will Neuhauser, Chair, Oregon Board of Trustees
Robert S. Ball, Vice Chair
Robert Gootee, Chair Emeritus
Tom Imeson, former Chair
D. Carter MacNichol, former Chair
Liz Cawood, Executive Committee
Peter McDonald, Executive Committee
E. Randolph Labbe, Executive Committee

(This information furnished by Russell Hoeflich, The Nature Conservancy.)

Argument in Favor

The Association of Oregon Rail and Transit Advocates (AORTA) urges a YES vote on Measure 49.
Measure 49 helps fix problems with Measure 37.

In 2004 voters were told Measure 37 was meant to allow individual property owners to build a few houses on their land. Most voters did not realize they were also allowing "timber" companies and developers to create huge subdivisions and commercial developments on prime farm and forest lands far beyond our urban growth boundaries.

Measure 37 requires local governments to either pay for claimed loss of value or waive current land use regulations on the property. Measure 37 provides no money for strapped local governments to compensate these massive claims. Cut services or raise taxes to pay claims? Not likely! Without the changes proposed in Measure 49, there is nothing to stop these developments and this will produce the kind of sprawl that Oregonians have consistently opposed.

Washington County alone has 902 claims totaling over $750 million. 700+ claims involve 55,206 acres, most for urban density subdivisions well outside the Urban Growth Boundary!

For scattered, massive subdivisions, far from existing development, the only practical way to travel is by car. Sprawl increases the costs of nearly all services: police, fire, roads, water, sewers, social services, transit, etc. Because development fees will never cover all these costs, this increases your taxes. Sprawl forces more people to drive longer distances, creating more traffic.

AORTA is a citizen organization founded in 1976 to encourage balanced, environmentally sound, fiscally responsible, safe transportation. We recognize that our economy and environment suffer from a poorly functioning transportation system. How we manage our growth and land use can positively or negatively affect the travel options we can afford our citizens. Information at: www.aortarail.org.

Fix Measure 37: Fairness without costly sprawl.
YES on Measure 49

(This information furnished by Robert Krebs, president, Association of Oregon Rail & Transit Advocates (AORTA).)

Argument in Favor

Measure 49 will protect farmland and forests across Oregon.

If you live in Portland, you should care about Measure 49. Why? Because the abuses of Measure 37 aren't just a threat to rural Oregon: they threaten what makes Portland a great place to live.

In Portland and Multnomah County, there are currently 187 claims covering 4,024 acres, including:

  • A Wal-Mart in Sellwood
    The claim is for commercial development, and the owner has said he wants to put in a Wal-Mart- over neighborhood objections.

  • Subdivisions on Sauvie Island
    Multiple developments would destroy productive farmland for housing subdivisions and a boat moorage on one of our true local treasures.

  • Housing Subdivisions on Environmentally Protect Land
    Measure 37 exempts property owners who develop their land from dozens of laws that protect our neighborhoods, including noise reduction and limits on stormwater pollution. Many Measure 37 claims are in Portland's most environmentally sensitive areas- like along Johnson Creek in SE Portland.

  • Billboards, Billboards, Billboards!
    There are over 54 Measure 37 claims that would put billboards in every conceivable spot in Portland. "Measure 37 has opened the door to the uglification of Oregon. Voters can help to close that door by voting for Measure 49."
  • The Oregonian, 8/16/07

And do you like your local Farmers Market?
Then you definitely want to vote Yes on 49!

One of the greatest threats of Measure 37 is overdevelopment of otherwise protected farmland near urban areas - the very places that provide the local produce and agricultural products that are sold at our local Farmers Markets.

WE MUST ACT NOW: The abusive Measure 37 development around Portland will change forever our ability to drive a few minutes and experience the wilderness, quiet rivers and landscapes that define our special quality of life.

If Measure 49 doesn't pass this November, this development cannot be stopped.

Keep Portland a Great Place to Live.

(This information furnished by Benjamin Unger.)

Argument in Favor

Support Locally-Owned Businesses

Please vote "YES" on Measure 49

Dear Fellow Oregonian,

We own a small business in the Sellwood neighborhood of Portland, near Milwaukie. Our business is just one of dozens in the area that benefit from local patrons and, in turn, support the community. If big-box retailers came to Sellwood, they would put independently-owned businesses like ours out of business.

Not too long ago, a property owner in the area tried to develop a Wal-Mart in Sellwood/Milwaukie—he even announced a 99-year lease with the company. Fortunately, local residents worked to turn back the development because it didn't meet local zoning standards.

Now the property owner has filed a Measure 37 claim for a Wal-Mart big-box store so that he doesn't have to play by the zoning rules.

Abusing Measure 37 to break zoning rules, subsidize the world's largest corporation and put local stores out of business simply isn't right. Is this the kind of impact we want to allow on our communities?

Measure 37 was promoted as a way to help an elderly widow build a couple houses for her kids. What Measure 37 has unleashed is a slew of claims for billboards all over Portland, more strip malls and big-box stores, and housing subdivisions on the best farmland in the Willamette Valley.

Measure 49 will fix the flaws and loopholes of Measure 37 to prevent claims for strip malls and large subdivisions where they don't belong.

We need to pass Measure 49 this November, before it's too late and developers go forward with big-box stores, like Wal-Mart, where they simply don't belong.

Please protect neighborhoods and independent businesses—vote "YES" on 49.

CJ Hackett, co-owner     Christopher Nakayama, co-owner
Video Lair, Portland, Oregon

(This information furnished by Christopher Nakayama, Video Lair.)

Argument in Favor

Clackamas County:
The most number of Measure 37 claims.
And the most claims that don't even tell us what kind of development we would be getting.

Clackamas County has the highest total number of Measure 37 claims for development filed - about 1,052 total on about 37,000 acres

According to Clackamas County, if fully developed and incorporated:

  • This land area is equivalent to the size of the second largest city in the metro region.
  • Assuming just one household per acre, Clackamas County would grow by more than 25%.
  • This would add almost 400,000 vehicle trips per day.

55% of the claims are on Exclusive Farm Use land, which would eliminate 20,000 acres from agriculture production.

Clackamas County has the highest number of claims with 'unspecified' development intent. These seek to waive all or many zoning and environmental restrictions, allowing the property to be used for any industrial or commercial purpose, even mines, landfills, or retail stores, if held long enough by the current property owner.

Examples of claims for development requested in Clackamas County include:

Location: South Herman Road, Molalla
187 acres
Current zoning: exclusive farm use
Intent: Strip mine.

Location: South Steiner Road/Beaver Creek, Clackamas County
281 acres
Current zoning: exclusive farm use
Intent: Subdivision

Location: South Elisha Road, Canby
286 acres
Current zoning: exclusive farm use
Intent: Subdivision into approximately one-acre lots

Location: Colton, Clackamas County
20 acres
Current zoning: forest use
Intent: Residential subdivision, RV park, rock quarry, logging

Location: Northeast of Molalla, Clackamas County
931 acres
Current zoning: exclusive farm use, forest use, farm-forest use
Intent: 305-lot subdivision

Location: South Springwater Road, Oregon City
146 acres
Current zoning: exclusive farm use
Intent: 185+ lot (or maximum density) subdivision
Claimant: Emmert

Information provided according to most recent data available from public agencies.

We can still limit large development - protect farmland, forests and water.

Vote yes on 49. Before it's too late.

(This information furnished by Elizabeth Kaufman.)

Argument in Favor


Dear Fellow Oregonian,

We are asking you to join us in voting YES on Measure 49.

Serving in the United States Congress offers an interesting perspective on our home, Oregon. We get to see our state both through our eyes as proud Oregonians, and through the eyes of our colleagues from other parts of the country. Through both sets of eyes, we treasure enormously what makes Oregon unique.

It is all too easy to take our special quality of life for granted. But we are constantly reminded of it as people from other states look at our farms, our forests and our clean water and see what they have lost. In Oregon, we have protected our natural heritage, and can hope to pass it on to our children and grandchildren.

Measure 49 is essential to protecting that legacy - and we must act now. It will prevent the rampant development that has been unleashed by Measure 37, which threatens the things that make Oregon the place we treasure - and which goes forward if we don't stop it this November.

But it is important to note that while Measure 49 fixes the flaws of Measure 37, it does not repeal it. As elected officials, we also work hard to hear the voices of our fellow citizens. Voters said quite clearly that they wanted to help the individual property owners that the original Measure 37 campaign talked about - folks who wanted to build a few houses on their land if the law would have permitted it when they bought it.

Measure 49 not only protects property owners' rights to do that, it strengthens them at the same time that it protects our farmland, forests and water. It brings balance back to the system, and does the right thing for Oregon's future.

Please join us in voting YES on Measure 49.

(This information furnished by Earl Blumenauer, Member of Congress.)

Argument in Favor

Marion County Farm Bureau urges you to vote YES on Measure 49. Marion County Farm Bureau is dedicated to promoting and protecting our diverse agricultural interests in our county and state.

At $585,255,000 Marion County has the highest annual agricultural commodity sales of any county in Oregon.

Under Measure 37 much of Oregon's prime farmland is threatened with over development. Measure 49 will allow us to protect prime farmland from sprawl development that threatens our state's quality of life.

Moreover, Measure 49 balances the needs of families who wish to build a reasonable number of homes in a way that minimizes conflicts. Measure 49 focuses on the needs of Oregon families while protecting our best farmland.

Measure 49 helps sustain our best farmland, which is necessary to provide safe, fresh and local food for today and the future.

Marion County Farm Bureau urges you to vote YES on Measure 49.

(This information furnished by Larry Wells, Marion County Farm Bureau.)

Argument in Favor



Measure 37 threatens local water supplies.

Property owners in our area already have water problems. Wells often must be deepened or replaced. Marion County has designated much of the area as a "Sensitive Groundwater Overlay" zone. Water-restricted areas are not suitable for large developments.

But that's exactly what Measure 37 is opening the door to. In our community, a subdivision for forty-two home sites has been proposed and is moving forward on groundwater limited farmland in the south Salem hills.

Because we are groundwater-limited, the Measure 37 claimant (Leroy Laack) was required to prepare a Hydro Review of groundwater adequacy - to prove that the subdivision's 42 wells wouldn't harm existing wells.

And even though the Hydro Review was failed by an independent water expert hired by Marion County, the subdivision development is allowed to go forward.

This is why we need Measure 49. Measure 49 only allows up to three home sites in areas with limited groundwater.

Even then, neighboring wells might be harmed. But three is a lot better than the 42 wells the Measure 37 claimant wants to drill. And if we don't act now, by passing Measure 49 this November - it will be too late - the subdivision will be developed.

We represent more than thirty homeowners who support the Keep Our Water Safe Committee. They've contributed much time and effort to fight this serious threat to our groundwater.

Many of our neighbors voted for Measure 37. Now they regret that decision and strongly support Measure 49. They've seen how Measure 37 takes away the rights of existing property owners.

(This information furnished by Brian Hines, Keep Our Water Safe Committee.)

Argument in Favor


One of the great pleasures in Oregon is driving to the Coast, through the rolling fields, the coast range and the natural wonder that is Oregon.

It's not just the destination - it's the journey.

But unless we fix Measure 37 now, that journey will be changed forever, with peaceful hills and fields replaced by massive housing subdivisions and strip malls developed through Measure 37 claims. See for yourself at www.yeson49.com/maps.

Here's a small sampling of the hundreds of Measure 37 development projects from timber companies, developers and others …along the road to the Coast.

West of Highway 26, Manning
331 acres zoned for forest use
Intent: Subdivision into five-acre lots

Highway 26, Buxton
1,163 acres zoned for forest use
Intent: Subdivision into five-acre lots

South of Highway 26, Banks
89 acres zoned for forest use
Intent: 100-lot subdivision

Highway 18, southwest of McMinnville
349 acres zoned exclusive farm use
Intent: Subdivision for residential and commercial uses

Northwest of Highway 18, Willamina
117 acres zoned farm-forest use
Intent: Subdivision into 23 five-acre lots

Otis, Lincoln County
182 acres zoned forest use, exclusive farm use, other
Intent: Unspecified development

Southwest Yamhill County
445 acres zoned for forest use
Intent: Unspecified development

South of Highway 18, east of Lincoln City
1,175 acres zoned for forest use
Intent: Subdivision into 40 to 80 acre residential lots

East of Highway 20, Philomath
417 acres zoned for forest use
Intent: Subdivide into 83 residential lots

Eastside of Highway 20, Toledo
61 acres zoned for forest use
Intent: Subdivide into 19 lots

Highway 20, east of Toledo
190 acres zoned for forest use and exclusive farm use
Intent: Subdivision

Highway 20, east of Toledo
37 acres zoned for exclusive farm use
Intent: Subdivision into 16 lots

Remember, if Measure 49 doesn't pass now, there will be nothing to stop this
and other disfiguring development!

(This information furnished by Shannon Mills.)

Argument in Favor


There is wonder in every part of Oregon.

But there is no part of Oregon that offers a better example of the great tradition that makes this state special - The southern part of the Willamette Valley has it all: incredible diverse agriculture and forestland. Spectacular wilderness, wild rivers, and a sportsmen's paradise.

Every one of these things is under direct threat from the uncontrolled development that has been unleashed by the abuses of Measure 37. It's yet another example of why Measure 49 is so important.

And we're just in the nick of time - Unless we pass Measure 49 this November, it will be too late and this development, and more, will go forward. We won't be able to stop it.

Here are just a few examples:

Location: Creswell, Lane County
546 acres
Current zoning: exclusive farm use
Intent: 157-lot subdivision

Location: Highway 20, Corvallis
135 acres
Current zoning: exclusive farm use
Intent: 220-lot subdivision

Location: Dimple Hill, Corvallis
160 acres
Current zoning: forest use
Intent: 74-lot subdivision

Location: North end of Dimple Hill Road, Corvallis
100 acres
Current zoning: forest use
Intent: 50-lot subdivision

Location: Ingram Island Road, Benton County
803 acres
Current zoning: exclusive farm use
Intent: Subdivision

Location: Gap Road, Harrisburg
656 acres
Intent: 250+ lot subdivision

Location: Diamond Hill Drive, Harrisburg
1,102 acres
Intent: 1,102-lot subdivision

Location: Marcola Road, Springfield
900 acres
Current use: farm and ranchland
Intent: 180-lot subdivision

Location: along Willamette River in Eugene
1400 acres
Intent: 300 unit subdivision, commercial use

Location: Lorane Highway, Eugene
315 acres
Intent: 65-lot subdivision

(Information provided according to most recent data available as of Aug 20, 2007.)

(This information furnished by Ashley Miller.)

Argument in Favor

Measure 49 stops the nightmare for neighbors - like me and you.

I am not against my neighbors in the rural farming portion of Lane County using their land to build a few homes.

Which is why I didn't think Measure 37 was such a big deal when it passed in 2004. I assumed that it would allow limited and reasonable alternatives for the state's property owners.

So imagine my surprise when I found out that a Measure 37 claim would be used to put 157 new homes on 515 acres just beyond my backyard, with no consideration for water sources, transportation infrastructure, pollution or the neighbor's property rights

I was shocked again when I found out that the owner of the property got the green light to move ahead, optioned the property to out-of-town developers and moved away to a new home in Eastern Oregon.

We never thought this would happen here. People around the state need to know that, unless we pass Measure 49, our nightmare could become theirs.

Measure 49 means that developers like this would only be able to build three homesites unless they prove that zoning actually devalued their property - in which case they could get up to ten.

Without the modifications that Measure 49 provides, Measure 37 is an invitation for development where it doesn't belong…next time it could happen next to your home.

And for those who say they want a different solution? We don't have time. If we don't fix Measure 37 now - at this November's election, this kind of massive development of subdivisions will go forward all across rural Oregon. We won't be able to stop it.

Support measured growth—Join me in voting "YES" on 49!

Kristi Holaas, Creswell

(This information furnished by Kristi Holaas.)

Argument in Favor

Benton and Linn County Farmers and Ranchers ask you to vote
Yes on Measure 49.

In order to Save Our Farmland please vote yes on Measure 49.
Measure 49 restores balance to the quality of life and helps protect our farm family's way of life.

Your "Yes" vote on Measure 49 would undo the disastrous consequences of Measure 37, which represents a grave threat to our farm- and forest-land economy. Measure 49 will limit waivers to residential use — no commercial or industrial.

A surprising amount of farm and forest land in Benton and Linn Counties is threatened by measure 37 claims. Land that is uniquely productive and growing diverse products for our farm families. The prime forest land in the Coast Range and The Cascades worth billions to our economy and employment for thousands.

Measure 49 does not repeal Measure 37. But it does fix the flaws of 37: delivering on the promises made to small individual property owners while preventing the most egregious abuses of huge housing subdivisions, commercial and industrial development, destruction of prime farmland and forests, and threats to water supplies that families depend on.

Measure 49; our chance to protect what is special about Benton and Linn Counties.

Up to three houses will be allowed on high-value farm and forestland and in groundwater-limited areas. Claimants must follow existing land-use regulations. Every Measure 37 claimant could build one house, regardless of location. Waivers would be transferable under Measure 49.

The 2007 Legislature, after numerous public hearings statewide, worked hard to address the concerns of Oregonians. Measure 49 is the result of their efforts and deserves a "Yes" vote from everyone who values the land that supports us all.

Protecting the rights of Benton and Linn County farm families.

(This information furnished by Paul Korash, Benton County Farm Bureau.)

Argument in Favor

My Vote for Measure 37 was a Mistake

In 2004, I voted for Measure 37 because I thought it was a vote for the little guy. But now I know that I made a terrible mistake.

I voted for Measure 37 because I understood it was for families to provide for immediate family members. I didn't know it was going to allow big timber corporations to turn forestland that doesn't even have a home on it into large subdivisions.

That's NOT what I voted for. And now I'm experiencing it first hand.

My husband and I live on 44 acres of productive farmland in Linn County. We grow grass seed and hay and raise goats. We also grow a variety of vegetables that we sell to local restaurants. Our house has been on this special spot of land since the 1880's.

Our land is bordered by one of the thirty-one Measure 37 claims filed by Timber Services Inc. This large timber company wants to take 4000 acres of Linn County forest land and turn it into large housing subdivisions.

Subdivisions are not good neighbors for farms. We're very concerned about the impact on our groundwater. Increased traffic around animals and farm equipment is a public safety concern. Productive timberland should remain as a natural resource, not converted to subdivisions just because a timber company can make more money as a developer.

Measure 37 goes too far. It has opened the door to massive development on some of our most valuable land.

And if we don't fix it this November, it will be too late - development will begin and we won't be able to stop it.

Measure 49 will fix Measure 37, protecting rights of small property owners while preserving valuable farm and forestland for future generations.

Please join us in voting YES on Measure 49!    Jan & Pete Boucot

(This information furnished by Jan Boucot.)

Argument in Favor

Like Oregon Cherries and Pears?

Measure 37's attack on the Hood River Valley

Measure 37 was sold as a way for a property owner to build a few homes on their land for their kids or their retirement - if they could do so when they bought it.

Measure 37 has brought so much more - claims for development for enormous subdivisions destroying high-value farmland. Of course, once we lose farmland to development - we never get it back.

Here are just some of the over 7,500 Measure 37 claims filed - threatening the viability some of our state's most productive farmland - our cherry and pear orchards.

23.5% of all land zoned exclusive farm use in Hood River County is under a Measure 37 claim. (source: Hood River County Planning Department "Hood River County Summary of Measure 37 claims")

Location: Redwood Road, Hood River
# of acres: 137
Current zoning: exclusive farm use
Intent: 338-lot subdivision

Location: Webster Road, Hood River
# of acres: 52
Current zoning: exclusive farm use
Intent: 212-lot subdivision

Location: Eastside Road, Hood River
# of acres: 273
Current zoning: exclusive farm use
Intent: 360-lot subdivision, other residential and commercial development, a golf course

Location: Billings Road, Parkdale
# of acres: 250
Current zoning: exclusive farm use
Intent: 648 quarter-acre lot subdivision, four 20-acre lots

Location: Baseline Drive, Parkdale
# of acres: 171
Current zoning: exclusive farm use
Intent: 286-lot subdivision

Location: Punch Bowl Road, Dee
# of acres: 152
Current zoning: exclusive farm use
Intent: 347-lot subdivision

Location: Ackerman Road, Odell
# of acres: 30
Current zoning: exclusive farm use
Intent: 128-lot subdivision

Location: Lacy Drive, Pine Grove
# of acres: 188
Current zoning: exclusive farm use
Intent: 216 quarter-acre lot subdivision, 30 1-acre lots, 16 5-acre lots

Location: Wells Drive, Van Horn
# of acres: 39
Current zoning: exclusive farm use
Intent: 126-lot subdivision

(Information provided according to most recent data available as of Aug 20, 2007.)

(This information furnished by Bryan Shanafelt.)

Argument in Favor

This voter made a mistake, urges "YES" on 49

I moved to the Hood River Valley three years ago because of its vibrant agricultural character and natural beauty. As a New Jersey transplant, I appreciate how Oregon has intentionally preserved local farming and agriculture.

States like New Jersey cannot compare to Oregon— they lost most farmland long ago.

But I also recognize that families should have certain land rights, including transferring property to family members and the ability to sell a reasonable portion for investment. Thus, I voted for Measure 37 in 2004.

But now I see how I was mistaken.

Just look at the vast amounts of farmland and forests specified for subdivisions and other inappropriate development demanded in the more than 7,500 claims filed under Measure 37.

Farmland and forests in Oregon are the major target for this development - nearly 600,000 acres of it.

Timber companies who want to become land speculators, and other large-scale developers seeking commercial gain—not the families I thought I was helping—stand to gain from much of this proposed development.

Measure 49 lets us achieve what people intended —to help families.

It allows up to three homesites to be built on land if the owners could do so when they bought it. It enables these types of claims to proceed immediately to the regular development process.

Interests of big business and land speculators who simply want to make a fast buck should not undo what makes the Hood River Valley, and Oregon, unique and economically viable.

Let's not lose the beauty of this region and our way of life to profiteering.

Join me in voting "YES" on 49. Let's get it right!

Michelle Rabin, Hood River County

(This information furnished by Michelle Rabin.)

Argument in Favor

And under the category of "You've got to be kidding me."

There are thousands of Measure 37 claims that threaten our farmland, forests, water and neighborhoods. But some are even more outrageous than others. Just some examples:

Location: Falls City, Polk County, 62 acres
Current zoning: farm-forest mixed use
Intent: Go-cart track, motorcycle track, mud bog, "defensive driving education"

Location: French Prairie Road NE, St. Paul, Marion County
293 acres
Current zoning: exclusive farm use
Intent: Operation of a gun-club/rifle range/paintball park, residential subdivision

Location: SW Vandermost Rd., Beaverton, Washington County
132 acres
Current zoning: exclusive farm use
Intent: Landfill expansion, transfer station addition

Location: Wilson River Highway, Washington County
Current character of area - residential
Intent: Storage of cargo containers and tractor trailers, outdoor parking of five or more vehicles

Location: South Nowlens Bridge Road, Molalla, Clackamas County, 25 acres
Current zoning: exclusive farm use
Intent: Private Paintball Park, playgrounds, and campgrounds

Location: Directly adjacent to a Girl Scouts camp, Wallace Creek Rd, Springfield, 158 acres
Current zoning: exclusive farm use
Intent: Subdivision into 31 lots
Compensation demanded: $2.45 million

Location: Deschutes and Crook counties
# of acres: N/A
Intent: Installation of electricity transmission towers up to 80 feet tall
Compensation demanded: Crook: $74,906,000.00; Deschutes: $168 million


At least 25 M37 claims were filed statewide asking for quarries or mining operations, including: (source: PSU/IMS database)

Location: NW Bacona Road, Washington County, 305 acres
Current zoning: forest use
Intent: rock quarries/rock pit

Location: Lava Bed Drive, Parkdale, Hood River County
51 acres
current zoning: Forest use
intent: mineral extraction

Location: Jacksonville Reservoir Road, Medford, Jackson County, 157 acres
current zoning: Forest use
intent: Mine sand, rock, shale, gold from property

Location: North Widow Creek Road, Otis, 113 acres
Current zoning: exclusive farm use
Intent: Crush, screen, process rock

(Information provided according to most recent public data available.)

(This information furnished by Terri Steenbergen.)

Argument in Favor


In Oregon we are blessed with wildlife habitat that sustains big game like elk, deer, cougar, black bear, and big horn sheep. Unfortunately, poorly-planned development allowed by Measure 37 threatens to destroy and hamper access to much of the critical winter range that this wildlife needs to survive.

Measure 37 claims span 750,000 acres across Oregon—on mostly forest and farmland. Over 4,000 subdivisions could result from these claims, permanently destroying the habitat that big game needs to survive.

If we don't act to fix the flaws of Measure 37, we'll lose much of the big game that make Oregon's outdoors so unique. Here are just a few of the claims that Measure 37 loopholes have unleashed:

  • A highway rest area, public tourism center, and RV campground with gift shop, convenience store and restaurant on open space conservation in Southern Oregon;

  • Subdivisions and commercial development on open space conservation land in Jefferson County;

  • Commercial development and subdivisions on over 6,000 acres in Jackson County;

  • Loss of protected big game habitat to residential development on over 800 acres in Union County;

  • 142 condos, town homes, and houses on open space conservation land in Douglas County.

The Oregon Division of the Izaak Walton League of America supports Measure 49 because it provides the responsible conservation necessary to sustain healthy wildlife populations for future generations. Measure 49 will protect the habitat that sustains our big game and other wildlife from development into housing tracts, strip malls, and big box stores, while protecting Oregon families' rights to build a few homes on their land.

Please Protect Oregon's Hunting Heritage by Voting "YES" on Measure 49

(This information furnished by Dawn A. Olson, Oregon Division, Izaak Walton League of America.)

Argument in Favor

Union County Farm Bureau asks you to vote yes on Measure 49

Union County Farm Bureau is made up of over 180 farming and ranching families. We are part of Oregon Farm Bureau which has roots back to 1919 and which represents over 8,000 farm and ranch families across Oregon. We're an organization that works to find positive solutions to the challenges facing family agriculture in Oregon.

Measure 49 is a road map to get us past the current conflict. Right now there is conflict and confusion, and seemingly endless court cases over competing interpretations of the law. This kind of uncertainty undermines communities, families, and certainly small businesses as we all plan our futures.

Measure 49 brings back some much-needed balance and certainty. The questions under the current situation are as endless as the lawsuits. Measure 49 answers those questions and it resolves other issues that otherwise will likely be battled out in the courts. Measure 49 will help us move past these conflicts and get on with our lives and businesses.

Maintaining Oregon's family farm land is key to the quality of life of all Oregonians. The ground being worked by farm and ranch families across our great state is a major economic driver for our local communities. Family agriculture also fuels jobs in transportation, at our ports, in processing, marketing, and retailing in every corner of Oregon both urban and rural.

Family farming provides social benefits and environmental advantages including wildlife habitat. We're proud of the many contributions we make to the quality of life in Oregon. But ultimately, family agriculture can't exist without land to farm.

Measure 49 helps move us past the conflicts. Please join us in voting yes on Measure 49.

(This information furnished by Matt Insko, president, Union County Farm Bureau.)

Argument in Favor


Measure 37 was sold as a way for a property owner to build a few homes on their land for their kids or their retirement - if they could do so when they bought it.

But Measure 37 has also brought claims for development for enormous housing subdivisions, strip malls and even big-box stores - destroying high-value farm and ranchland, as well as forests, and in areas with severe water problems.

Here are a sample of the hundreds of Measure 37 claims for massive development across northeastern Oregon.

You can help stop this inappropriate development before it's too late - by voting YES on Measure 49.

Location: Meachum, Umatilla County
# of Acres: 14,265
Intent: Subdivision into one-third-acre lots for residential and commercial development

Location: Milton-Freewater, Umatilla County
# of acres: 18
Current zoning: exclusive farm use
Intent: Commercial use by "large retailer"

Location: Highway 11, Milton-Freewater, Umatilla County
# of acres: 19
Current zoning: exclusive farm use
Intent: "Big-box" retail

Location: North Powder River Lane, Union County
# of acres: 2,482
Current zoning: exclusive farm use
Intent: 450-lot subdivision

Location: Clear Creek Road, Baker County
# of acres: 16,078
Current zoning: exclusive farm use
Intent: Unspecified development

Location: Lakeshore Drive, Joseph, Wallowa County
# of acres: 586
Current zoning: Rural Residential
Development Intent: Higher density residential development

Location: Wallowa Lake Highway, Joseph, Wallowa County
# of acres: 1,600
Intent: Subdivision
Claimant: RY Timber Company

(Information provided according to most recent data available as of Aug 20, 2007.)

(This information furnished by Christine Lewis.)

Argument in Favor

Protect Eastern Oregon - Vote Yes on 49

My name is Gary Rhinhart and I live in Pendleton Oregon. I am a fourth generation dryland wheat farmer on lands homesteaded in 1860 by my family.

In my service to the Umatilla Basin Watershed Council and Umatilla County Planning Commission, I have listened carefully to many citizens. Many are concerned that Measure 37 was not intended to provide for large developments. I believe the true intension was to permit long time landowners to construct a single-family home on their property.

There are multiple claims for large development filed on exclusive farm use lands that adjoin my farm. Many others are in the same situation.

We must consider the impact to all property owners and their right to preserve an existing way of life.

The consequences of Measure 37 raise numerous concerns for the citizens of Oregon. I understand that the people want the right to do as they wish with their own property. It is just not that simple.

Development belongs inside urban growth areas - which will continue to happen if we fix Measure 37 by passing Measure 49. Large-scale development outside urban areas requires infrastructure expansion - like roads, fire and police protection, and schools - that will create tremendous cost burdens for our cities and counties.

In addition, there are environmental impact and safety threats from development to already fragile systems:

  • Large-scale developments may be proximate to salmon and steelhead bearing water quality limited streams.
  • Adequate groundwater is not always available to support additional wells.

And, underdeveloped rural roads are intended for limited use and are not suitable for increased demand without compromising public safety standards.

Thirty years ago, Oregon was a courageous leader. We promised to protect it precious land resources for future generations. It is our responsibility to ensure that the legacy continues.

I urge you to join me in voting YES on Measure 49 and restore balance and fairness.

(This information furnished by Gary W. Rhinhart.)

Argument in Favor


Who really benefits from Measure 37?

8 of the top 14 contributors to the 2004 Measure 37 Campaign were timber companies that then filed M37 claims ((Money in Politics Research Action Project report, 4/19/2007) to eliminate existing forests and replace them with:

A sample includes:
Stimson Lumber Company
Location: Lincoln, Tillamook, Clatsop, Columbia, Washington counties, 50,552 acres zoned forest use
Intent: Residential subdivisions

Powers Ranch Company
Location: Curry and Coos counties
11,629 acres zoned forest use, exclusive farm use, other
Intent: Residential subdivisions

Timber Service Company
Location: Linn County, 7,006 acres
Intent: Residential subdivisions, lodging, recreational
South Coast Lumber Company

Location: Curry County, 2,000 acres
Intent: Unspecified development
RY Timber Company

Location: Joseph and Wallowa counties, 1,600 acres
Intent: 160-lot subdivision
Morgan & Engel Inc.

Location: Douglas County, 1,328 acres
Intent: 173-lot residential subdivision
Davidson Industries

Location: Lane County, 1280 acres
Intent: Unspecified development
Avison Lumber Co.

Location: Clackamas County
1,166 acres zoned forest use, mixed use, exclusive farm use
Intent: 385-lot residential subdivision
Menasha Corporation

Location: Coos and Douglas counties, 942 acres
Intent: Residential subdivisions
Rosboro Lumber Company

Location: Lane County, 894 acres
Intent: Unspecified development
Miami Corp.

Location: Lincoln County, 689 acres
Intent: Unspecified development
L & H Lumber Co.

Location: Douglas County, 404 acres
Intent: 200-lot residential subdivision
Aaron U. Jones (owner of Seneca Jones Timber Co.)

Location: Deschutes Co., 400 acres zoned exclusive farm use
Intent: 121-lot subdivision
Indian Hill, LLC

Location: Josephine County, Jackson County
318 acres zoned forest use
Intent: Unspecified development

Zip O Log Mills
Location: Lane County, 314 acres
Intent: Unspecified development

(This information furnished by Michael Dennis.)

Argument in Favor








Measure 49 corrects the problems in Measure 37.

Measure 37 currently:

  • Allows people who bought property in the 1970's to now build anything they want, anywhere they want, regardless of current zoning laws;

  • Gives no rights to the neighbors who are harmed by the unexpected development;

  • Removes any predictability regarding what kind of land use can end up right next to you.

In Marion County alone, over 473 Measure 37 claims filed could eat up over 26,000 acres. Many of these claims are for large housing subdivisions. Some of these claims are for gravel mines and industrial use.


  • Their wells to be threatened;

  • The entire landscape in which they live or farm to be changed dramatically;

  • To discover they have no say in the matter and be told by County Commissioners their concerns have no merit;

  • Their taxes would be raised to pay for the roads, schools, etc., needed for these new developments.

Statewide, 7,500 claims have been filed involving 750,000 acres. This includes the demolition of the pear orchards in the Hood River Valley, billboards on state highways, and destination resorts next to national scenic monuments.

FRIENDS OF MARION COUNTY urge a "Yes" vote on M 49.

Friends of Marion County
P.O. Box 3274
Salem, OR 97302

(This information furnished by Roger Kaye, Friends of Marion County.)

Argument in Favor

Sauvie Island - Yes on Measure 49

Just downriver from Portland, 24,000-acre Sauvie Island is a unique rural area and community. The northern half is a wildlife area managed by the Oregon Department of Fish & Wildlife. The southern half includes thousands of acres of beautiful prime farmland -- a vital resource -- adjacent to an urban area.

Sauvie Island is famous for its wildlife and year-round outdoor recreation. Its woodlands, waterways, beaches, and vegetable markets have so much to offer. It is a favorite place for birdwatchers and waterfowlers, runners and dog walkers, bicyclists, boaters and kayakers, photographers and painters, nature lovers, hikers, runners, boaters and anglers, U-pick enthusiasts, and, of course, family pumpkin picking outings.

Sauvie Island nourishes body and soul, people and wildlife. It's an amazing place, one of Oregon's treasures -- worth saving from over-development.

Measure 49 -- Remedy for an Emergency

Measure 37 development claims have already been filed on more than 750 acres of Sauvie Island - and more will follow if Measure 37's mistakes aren't corrected.

Sauvie Island, as you know and enjoy it, could become a fond memory as subdivisions take the place of farms and open spaces, and large houseboat developments change the face of our waterways.

Measure 37 harms communities and needs to be fixed - now.

Measure 49 offers the smart compromise. Farmlands may have a few additional houses but will not become subdivisions.

A YES vote on Measure 49 will help remedy the enormously expensive impacts of Measure 37 on Sauvie Island and throughout Oregon.

Protect your property and community from over-development - VOTE YES on Measure 49.

(This information furnished by Gary Kish; Donna Matrazzo, Sauvie Island Conservancy.)

Argument in Favor

Jefferson County Farm Bureau Supports a Yes on 49

Jefferson County is the home of specialty seed crops. We raise 80% of the "baby carrot" seed for the US and 40% of the world seed crop. We are also home to 80% of the mint tea leaf production in the US and 25% of the world production.

  • Farming is an industry and our farm ground is our store front.
  • We have long term farm plans for our crops.
  • We don't turn on a switch everyday and say it is time to farm.
  • They aren't making anymore farm ground.once a farm is gone it will never be back.

We can deal with Mother Nature, farm prices and practices.but we must have farm ground to stay in business. A critical mass is necessary. In Oregon there are seven recognized farm areas for high value crops: Willamette Valley, Gorge, Southern Oregon, Union, Malheur, Klamath and Jefferson County's North Unit area in Central Oregon. These are precious areas that raise different crops and over time have adapted to what crops they raise and will continue to adapt as long as there is farm ground.

Do you want sprawling subdivision as the new crop in the country or do you want to protect the farm ground and keep agriculture viable for another 150 years? Oregon was founded on it agriculture and timber so now is the time for Oregonians to make a choice to keep Oregon viable for farming, ranching and forestry and reap the benefits of the vistas and views when driving throughout Oregon as well as enjoying the seasonal local crops from your own farmers.

The impacts of M37 are real and if M49 isn't passed to fix the fatal flaws the 7,500 claims will just be the start.farmers that didn't file claims will be able to as the critical mass disappears to keep farming viable.

(This information furnished by Mickey Killingsworth, Secretary-Treasure, Jefferson County Farm Bureau.)

Argument in Favor

Oregon AFSCME Council 75 represents over 23,000 working people across Oregon. We have members in both state and local government and the private sector and care deeply about the nature and fate of Oregon. We represent the city and county planners across the state and the folks that protect citizens from ill-planned and short-sighted development.

AFSCME —the American Federation of State, County and Municipal Employees—supports the middle ground solution that Measure 49 represents. It continues to protect the property rights of individual landowners but stops the "get-rich-quick" schemes of large-scale development with no regard for the communities they exploit.

Measure 49 is a solution to the problems caused by the unintended consequence of 2004's Measure 37. Local governments are overwhelmed with the daunting problems caused by Measure 37. There have been over 7,500 claims under Measure 37 across the state, which affects more than 750,000 acres of Oregon and could cost Oregonians $15 billion if all those claims are paid out. Measure 37 has become about timber companies creating condominiums instead of replanting our natural resources and rock blasting operations too close to homeowners. These were never mentioned when we voted for Measure 37. Let's protect the rights of individuals—but not give a windfall of profits to timber companies and land speculators.

Measure 49 protects Oregon's farmers and farmland. While it allows farmers to construct homes on their property, it controls development that would endanger limited water supplies and the livelihood of those farmers.

Measure 49 does NOT allow big box stores and large housing subdivisions to exploit a law meant to protect the small individual landowner.

Measure 49 DOES allow small individual landowners the right to build three houses on their property if it was allowed at the time they purchased the property.

Please vote YES on Measure 49 and protect Oregon.

(This information furnished by Joe Baessler, Oregon AFSCME Council 75.)

Argument in Favor

YES ON 49!



  • Billions in demands for payment
  • Massive tax debt for street and water system improvements
  • Huge subdivisions, industrial and commercial development in inappropriate locations
  • Damage to sensitive lands and watersheds
  • Destruction of irreplaceable farm and forest land.


  • Allows for compatible land uses and fast-track approval of small developments
  • Protects water availability
  • Protects neighbors of claimants from harmful development
  • Honors voter's intent to give development rights to family members
  • Protects working farms and families
  • Protects forest land from destruction
  • Prevents the loss of millions of dollars in vital farm and forest income
  • Preserves property values through stable zoning and regulation
  • Provides method for determining loss of land value for purposes of compensation
  • Brings land use fairness back to all Oregonians.


  • Creating unfair land classes and special privileges for a few
  • Creating huge financial burden on taxpayers
  • Requiring payment of billions or permitting the destruction of our environmental assets
  • Allowing return to Wild West days of NO land use protection
  • Causing the loss of property values and incomes.


Measure 37 forces the public to either pay up or put up with harmful development.
Measure 49 is the antidote.
We can't afford to let greed destroy the Oregon we are proud to call home!

Preserve Oregon - The Land of Eden!

Paid for by CityWatch of Salem, a land-use watchdog organization since 1994.
P O Box 3602
Salem, Oregon 97302

(This information furnished by Mary L. Kamppi, CityWatch of Salem.)

Argument in Favor

Vote Yes for Measure 49

Measure 49 will be fair to everyone,
and still protect Oregon's farm land,
forest lands and natural areas for
future generations.



Kathy Butler
Mary D. Deems
T. R. Deems
Bodie Dickerson
Dale Dickerson
Janet Doerfler
Al Dorgan, President Local 7150 USW
Glenda Fleming
V. Roger Gaither
Julia May Garland
Sharon Gisler
Loyd Henion
Peter Kenagy, Kenagy Family Farm, Inc.
Gordon L. Kirbey, Jr
Wendy Kirbey
Sharon Konopa, Albany City Councilor
Steve Konopa
Cory Koos
James Lawrence
Linda J. Lawrence
Dick Olsen, Albany City Councilor
Gloria M. Olson
Marilyn Peterson
John Puma
Donald W. Rea
Elizabeth N. Rea
Dan Thackaberry, Farmer

(This information furnished by Sharon Konopa, Linn-Benton Yes on 49, PAC.)

Argument in Favor


As a food processor in Oregon, NORPAC has a long tradition of land stewardship and support of sustainable management of farm land. We believe in and support a strong statewide land use planning system. The direction of Ballot Measure 49 is consistent with these long held principles. Measure 49 is a better choice for Oregon's agricultural economy because it will help restore our commitment to protection of world class productive farm lands that are important to our future productivity.

  • It will keep more farm land available to grow the most prolific diversity of high-quality fruits and vegetables anywhere in the world.

  • It will provide more stability for farmers and neighbors whose future plans were suspended pending development decisions on nearby lands.

  • Passage allows Oregon to focus on new ways to maintain farm land and to help family farmers meet the challenges of producing safe and wholesome food of the highest quality.

  • Measure 49 respects Oregonians' sense of fairness about the lost use of property while reducing conflicts with rural farm land.

  • It will also limit the most egregious development schemes. Though it does not fix all the predictable ills of Measure 37, it is a much better choice for Oregon than living with a poorly conceived law that breaks our commitment to being good stewards of our natural resource heritage.

George Smith, President & CEO
NORPAC Foods, Inc.

(This information furnished by George Smith, CEO, NORPAC Foods Inc.)

Argument in Favor

You Can't Pave it Over Every Generation.

Vote Yes on Measure 49 and help drag Oregon out of the morass caused by the misleading promises and failed policy behind Measure 37.

Since its passage three years ago, Oregon has been besieged by over $15 billion dollars in demands to develop over 750,000 acres of forest and farmland throughout the state. Out-of-state developers and large timber companies have subverted the will of the people and are using Measure 37 to coerce the state into caving to their unreasonable demands. Under Measure 37, the state would go bankrupt using your tax dollars to pay these unreasonable demands. Instead, it has waived the laws that protect the property values of all Oregonians.

As a wise elder once said "you cannot pave it over every generation." Our clean water, forests, and high-yield farmland are legacy for future generations. These land speculators see $$$$ where most Oregonians see a legacy that we are known for nationwide.

Measure 37 was intended to help small landowners build a house or two on their land and pass these homes on to their family members. Instead, greed has plagued the system and the pride of this state: rich agricultural lands, working forests, and pristine coastline are being exploited. Developers are seeking to do so on-the-cheap while everyone else suffers.

There is light at the end of the tunnel - Measure 49. Many people who voted for Measure 37 have seen this light. The property owners who just wanted to build a home for their family will get that and the true hardships will be cured. Help set us on the right course to fix this mess. Help protect your property rights and the legacy of forests, farmlands, and groundwater for the future. Vote YES on Measure 49.

Endorsed by Pat Wheeler (Friends of Polk County) and Mitzi Wheeler (Friends of the Molalla River).

(This information furnished by Jonathan Graca, Hood River Valley Residents Committee.)

Argument in Favor

Protect the Public Treasury & Ensure Just Compensation

Using the Constitution, the biggest Measure 37 backers encouraged voters to provide just compensation to landowners when government enacts land use regulation. What does it mean to be justly compensated? And how do we determine a reduction in value when community-based laws benefit and burden us all?

Claimants have demanded huge sums of money based on inconsistent and unfair calculation methods. In turn, the state has failed to confirm whether these demands accurately reflect the loss in value and has been providing claimants exactly what they have demanded!

The voters' intended to provide for true hardships. Instead, Oregon faces demands for billions of dollars without proof of loss. Many Measure 37 claimants have chosen to exploit the new law by demanding subdivisions, strip malls, gravel pits and unsustainable development on farm and forest land. These demands threaten to overtax water supplies, pave valuable farm land and increase fire risk.

Time and again, the highest courts of this nation have rejected the notion that land use laws have reduced property values. As top economists have shown, the public collectively bears the burdens and enjoys the benefits of a community-created land use system. In many cases, we actually enjoy an increase in value. The problem with Measure 37 is that it allows compensation for a select few at the expense of many and fails to preserve your right to a livable community. This harms our constitutional right to ensure that government does not giveaway all our resources from the public treasury by waiving laws that protect Oregon as a whole.

Measure 49 provides a uniform and accountable system for calculating compensation and a relief valve for true hardships and stops those who seek to abuse Measure 37. Vote yes to set Oregon back on track towards livability, just compensation and fairness for all!

Endorsed by Pat Wheeler (Friends of Polk County) and Mitzi Wheeler (Friends of the Molalla River).

(This information furnished by Jonathan Graca, Hood River Valley Residents Committee.)

Argument in Favor

Mayors and city leaders from throughout Oregon, urban and rural, Democrat and Republican, support Measure 49.

Measure 49 helps protects cities from massive developments outside of city limits.

Measure 49 fixes "unanticipated consequences" of Measure 37, allowing individuals to build homes, but limiting huge developments.

Measure 49 restores balance by helping small property owners.

Measure 49 is right for Oregon

Create certainty. Protect your city

Vote YES on Measure 49

A list of Mayors who support Measure 49:

Harold L. White, Mayor of Aumsville
Rob Drake, Mayor of Beaverton
Charles C. Tomlinson, Mayor of Corvallis
Jim Fairchild, Mayor of Dallas
Kitty Piercy, Mayor of Eugene
Richard G. Kidd, Mayor of Forest Grove, Oregon
John McArdle, Mayor of Independence
Dale De Long, Mayor of Island City
James W. Lewis, Mayor of the City of Jacksonville
Judie Hammerstad, Mayor of Lake Oswego
Lori Hollingsworth, Mayor of Lincoln City
James Bernard, Mayor of Milwaukie
Thomas C. Bauman, Mayor of Mt. Angel
Alice Norris, Mayor of Oregon City
Virginia Carnes, Mayor of Pilot Rock
Craig Dirksen, Mayor of Tigard
Brad Boyd, Mayor of Sisters
Charlotte Lehan, Mayor of Wilsonville

(This information furnished by John McArdle, City Leaders of Oregon PAC.)

Argument in Favor

The Oregon Chapter of the American Institute of Architects represents individuals from throughout the state who depend on development and construction. We believe Measure 37 has been an attack on the orderly development that is important for the quality of life enjoyed by Oregonians. Measure 49 restores balance between the rights of individual property owners and the broader welfare of the community.


Would you buy a home if you knew that someone could build anything they wanted next door? Many Oregonians now face the shadow of uncertainty created by potential uncontrolled large developments adjacent to their homes and neighborhoods. Property owners who are now exempt from any regulations can impact the value of your home and entire neighborhood. Before Measure 37, land use regulations provided stability for our property values. Measure 49 will restore reasonable controls on inappropriate large commercial and residential development.


Measure 49 grants special rights to longtime property owners while halting the land rush into Oregon's farmlands and natural areas. Most large Measure 37 claims have been from large timber, mining, and development interests who are interested in large scale development without environmental regulation. These large companies are poised to reap huge rewards while taxpayers foot the bill for roads and infrastructure to support uncontrolled development.


Oregon architects strive every day to create vibrant urban areas, liveable communities, and sustainably designed buildings. We owe much to an earlier generation of leaders from across the political spectrum who created Oregon's visionary land use planning laws. Measure 37 has been a wrecking ball to that vision. Measure 49 creates fairness to property owners while preserving Oregon's system of land use planning that has become a model for the nation.


American Institute of Architects Oregon Chapter

(This information furnished by Tom Pene, AIA, President, American Institute of Architects Oregon Chapter.)

Argument in Favor

American Heart Association/American Stroke Association
Urges You to Vote "YES" on 49

Protect Public Health

How and where Oregon communities grow has an obvious impact on our future. It also has a significant impact on our health.

Poorly-planned growth caused by Measure 37 forces people to drive everywhere—even for simple errands. Clackamas County alone estimates an increase of at least 400,000 vehicle trips a day from the far-flung development proposed through Measure 37 claims.

Poorly-planned sprawl development due to Measure 37 means more driving and less walking and biking, which correlates to higher rates of obesity and heart disease. The American Heart Association/American Stroke Association supports well-planned communities because it knows that residents will be healthier as a result.

Unchecked development unleashed by the flaws of Measure 37
undermines zoning laws that protect our health.

Protecting public health is an important consideration of the rules that govern how we plan for growth. Reducing the need for automobile trips means a healthier future for us, our children and grandchildren.

Measure 49 will help promote active healthy communities and prevents development that could hurt public health.

Protect Oregonians' Health
Vote Yes on Measure 49

(This information furnished by John Valley, American Heart Association/ American Stroke Association.)

Argument in Favor

Washington County Farmers and Foresters Urge a YES Vote on Measure 49

As farmers and foresters, we treasure Oregon's scenic forests, wildlife habitats and open green spaces. We take pride in the diversity of crops grown throughout Oregon and we are proud to provide Oregonians with locally grown agricultural products.

But all that could change if the fatal flaws of Measure 37 are not fixed. Instead of growing crops and timber, our resource lands are destined to become massive subdivisions.

Here are the facts we are facing in Washington County:

  • 902 Measure 37 claims have been filed.

  • 73,899 acres are covered by these claims (115 square miles).

  • Claims on 56,287 acres are for housing subdivisions (the equivalent of 5 Beavertons).

  • Claims for development cover 70,370 acres of existing farmland and forests.

  • Stimson Lumber Co. has submitted claims for subdivisions that would be larger than the city of Forest Grove.

These facts show us that Measure 37 allows much more large-scale development than we were told as voters in 2004.

This is destructive to commercial agriculture not only in Washington County, but throughout the state as well. Other Willamette Valley counties particularly hard hit by Measure 37 are Benton, Lane, Linn, Marion, Polk and Yamhill. These six counties face claims on 167,000 acres (nearly the size of two Portlands). Across the state, Measure 37 claims will take hundreds of thousands of acres of farm and forest land permanently out of production.

Measure 49 is our last chance to protect Oregon's farms and forests from the large-scale commercial and residential development allowed under Measure 37.

Please join us in protecting Oregon's quality of life and natural resources by voting YES on Measure 49.

Keith Fishback, farmer
Eric T. Sahnow, farmer
David A. Vanasche, farmer
Marie P. Finegan, farmer
Larry Duyck, farmer
Edmund Duyck, farmer
Terry Peters, farmer
Tad VanderZanden, President, Washington County Farm Bureau

(This information furnished by Tad VanderZanden, President, Washington County Farm Bureau.)

Argument in Favor

Measure 37 and the Oregon Coast:

Here are just a few claims for development that would change the Coast- forever.


Astoria, Clatsop County, 203 acres zoned exclusive farm use
Intent: Single-family/multi-family residential and industrial development

Gearhart, Clatsop County, 25 acres zoned residential
Intent: Residential development onto beach, in violation of the Public Beach Law

Hallstrom Road, Tillamook, 137 acres zoned exclusive farm use
Intent: Subdivision in 100 residential lots

Otis (all of it) Lincoln County
182 acres zoned forest use, exclusive farm use, etc.
Intent: Unspecified development

North Widow Creek Road, Otis, 113 acres
Intent: Rock crushing operation along Widow Creek
less than 1 mile from Salmon River

Bayview Road, Waldport, 862 acres
Intent: Residential subdivision


These are among the largest development claims. Numerous small claims will likely make as large an impact or greater: building large homes or condos blocking scenic vistas or disrupting the character of local communities.

Cape Blanco, Port Orford
722 acres zoned beaches and dunes conservation, forestry grazing, shoreland protection
Intent: 150-lot subdivision, hotel, parking lots, two golf courses, equestrian park

Hwy 101, Gold Beach, 1,610 acres zoned forestry, grazing etc.
Intent: Residential subdivision, hotels, hospitals, commercial retail, destination resort

Sixes, Curry County, 3081 acres
Intent: Residential subdivision

Powers, Coos County
8604 acres zoned exclusive farm use, forest use
Intent: Subdivide into 864 lots

Along South Slough of Coos Bay, Cape Arago Highway, Charleston, 236 acres zoned forest use, farm-forest use
Intent: Residential development, retail, hotel

Coquille, Coos County
1231 acres zoned forest use, exclusive farm use
Intent: Subdivide into 10-acre residential lots

Sea Lion Caves, Florence
119 acres zoned park and recreation, natural shorelands
Intent: Residential and commercial development

Florence, including land along Siuslaw River and South Inlet Slough, 1,040 acres zoned forest use
Intent: Residential subdivision
Claimant: Davidson Industries (timber company)

Stop the paving over of the Oregon Coast before it's too late.
Vote Yes on Measure 49.

(This information furnished by Elizabeth Carey.)

Argument in Favor

Vote Yes on 49 - Protect Oregon

Oregon is facing what will go down as its biggest challenge in history-that of the random and unplanned development invited by Measure 37. That's why I, a fifth generation Oregonian, and my wife are supporting Measure 49.

Measure 49 doesn't repeal Measure 37 but we think it is the best compromise that can be expected. Without the modifications Measure 49 brings to Measure 37, it is just a matter of time before wide swaths of Oregon's forests, farmlands and watersheds are ruined.

We, along with our neighbors, face a typical scenario for people living next to Measure 37 claims.

A timber company that owns land adjacent to us is demanding to convert more than 300 acres of timberland-about a square half a square mile-into a subdivision. This development, which we have no reason to doubt will proceed as laid out in the claim, will help destroy the rural Siltcoos watershed that also provides drinking water for the area.

Timber companies decades ago encouraged counties to implement the forest use zonings that they now are seeking to have waived via Measure 37. The companies have benefited from both the ability to cut and sell timber, as well as from a reduced property tax rate associated with lands zoned for forest use.

Changing the rules of the game in this way is not what Measure 37 was supposed to be about. Measure 37 was advertised simply as a way to help individuals who wanted to build a few homes on their land-NOT AS A GREEN LIGHT FOR LARGE BUSINESS INTERESTS TO EXPLOIT OUR LANDS, OUR OREGON!

I urge you to consider the consequences of Measure 37.
Please join us in voting "YES" on Measure 49. It restores a land use system that ensures balanced growth.

Rand and Kathryn Dawson, Westlake, Oregon

(This information furnished by Rand Dawson.)

Argument in Favor

Association of Northwest Steelheaders, Oregon Council of Trout Unlimited, and
Northwest Sportfishing Industry Association


Measure 37 threatens to degrade salmon and steelhead habitat throughout Oregon with poorly-planned development along our spectacular rivers, streams, and coastal estuaries.

Most of the 7,500 claims for development on 750,000 acres in Oregon are on forest and farmlands.

Measure 37 threatens the estuaries and streams that support salmon and steelhead fishing as part of Oregon's heritage. The flaws of Measure 37 have unleashed claims for:

  • 150 housing units, a 250-room hotel, parking lots, and two golf courses at the mouth of the wild Sixes River—threatening one of the greatest natural estuaries remaining on the Oregon Coast, adjacent to two state parks;
  • Development along the Nehalem River, Nestucca River, Sand Creek, the Little South Fork of the Kilches River, the Salmon River watershed, and the Siletz River;
  • 1,040 acres—including development along the Siuslaw River or South Inlet Slough—by timber company Davidson Industries;
  • 5,500 acres of unspecified development at the confluence of the Deschutes and Crooked rivers with Lake Billy Chinook.
  • Just two claims for 20,000 housing units in the rural Klamath Basin—exacerbating demand for water in a region already dealing with shortages.

Development of streamsides makes fish more vulnerable toxins, parasites and disease by increasing water temperatures and reducing water oxygen levels.

Habitat destruction caused by Measure 37 threatens fish runs that sustain commercial and sport fishing economies and that are at the heart of what makes Oregon special.

We can't let our salmon and steelhead fall prey to large subdivisions, and commercial and industrial development of our natural resource lands.

Protect our forests and water supplies that sustain our salmon and steelhead

(This information furnished by Phil Donovan, Association of Northwest Steelheaders.)

Argument in Favor

1000 Friends of Oregon Supports Measure 49

For over 30 years, 1000 Friends of Oregon has joined with citizens across the state to enhance the quality of life we all enjoy as Oregonians. We work to protect family farms and forests, conserve our natural resources and scenic areas, and build livable urban and rural communities.

Oregon has seen many changes over the years, but one thing remains constant: what unites us as Oregonians is far stronger than what divides us. Ranchers in eastern Oregon are as concerned about clean and adequate water supplies as residents of the Oregon coast. Those who live in central Oregon are just as worried about the effects of sprawl and unmanaged growth as are Portland-area residents.

That's why Measure 49 is so crucial to Oregon's future.

Measure 49 fixes the flaws of Measure 37. Measure 37 has given large timber companies special rights to turn thousands of acres of forestland into huge housing subdivisions. Measure 37 has given developers special rights to dig up precious farmland for strip malls, gravel pits and billboards.

Increased sprawl, traffic congestion, and loss of valuable farmland are NOT what voters had in mind when Measure 37 passed. That's not how Measure 37 was sold to voters.

That's why we need Measure 49. A YES vote on Measure 49 will fix the Measure 37 mess.

A YES vote on Measure 49 gives Oregon a responsible, common sense approach to planning. It balances the interests of small landowners with those of their neighbors and the local community. Measure 49 will ensure the fairness Oregonians want.

As Oregonians, we are proud of our history of responsible land use planning. A YES vote on Measure 49 continues the Oregon legacy for our children and grandchildren.

Please join 1000 Friends of Oregon in voting YES on Measure 49!

(This information furnished by Bob Stacey, 1000 Friends of Oregon.)

Argument in Favor

Douglas County's family farmers ask you to vote yes on Measure 49

Real family farmers say yes on 49
The phrase "family farm" is being used a lot in the debate over preserving Oregon's farms, forests, and water. Only one organization represents the breadth and depth of Oregon's family farms, and that's Farm Bureau. With Oregon roots back to 1919, Farm Bureau is a true grassroots organization representing nearly 328 farm families in Douglas County and over 8,000 farm families statewide.

Measure 49 fixes flaws
Measure 49 takes a comprehensive approach to addressing the major issues that Measure 37 left unaddressed. These include transferability, clarifying that a spouse at the time of purchase of the land in question has rights even if he or she was not named on the deed, and it allows a reasonable number of homes to be built. Without Measure 49, simple questions like these will clog the courts and go unanswered for years to come.

Measure 49 protects our Oregon home
We are a state where the family farm remains the rule. Measure 49 protects that heritage by allowing reasonable numbers of homes to be built but not big-box stores or strip malls. Oregon's family farmers are able to provide economic benefits like tens of thousands of jobs, quality of life benefits such as open space and ready availability of a wide variety of fresh fruits and vegetables close to town, and environmental benefits such as wildlife habitat. The key ingredients that allow farmers to continue providing these benefits include land, water, labor and reasonable regulatory and marketplace conditions. The first ingredient is land.

Restore balance by voting yes on Measure 49
Measure 49 answers questions left by flawed initiative petitions of the past. It answers those questions in a way that balances the need for land in agriculture with the needs of families who wish to build homes on their land.

(This information furnished by Rick Epp, president, Douglas County Farm Bureau.)

Argument in Favor

Religious Leaders Support Measure 49

Oregon's farmlands, forests and natural areas are central to our state's livability, prosperity, and uniqueness. Measure 49 is a much-needed corrective to the flaws of Measure 37, so that Oregon's lands may continue to be a blessing to future generations. As people of faith, we believe that the land is a gift from God, entrusted to our care and stewardship for the benefit of the common good.

The principles of many great faith traditions call us to love our neighbors as ourselves and to care for the Earth. Therefore, the actions of an individual landowner should not jeopardize the health and well-being of neighbors and communities. In Oregon, land use planning has evolved as a system to ensure fairness while protecting the values that bring us together.

If left unmodified, Measure 37 will cause scattered islands of incompatible uses in prime farm, forest and natural areas, making it difficult for many family farmers to stay in business, as well as threatening water supplies and wildlife habitats.

Measure 49 keeps the intent of Measure 37 by clarifying and streamlining the process for small-scale residential development, and closing the loopholes in Measure 37 that allow unchecked large-scale development. Without Measure 49, widespread development within exclusive farm, forest, and natural areas will establish the conditions and precedent for more development, thereby further undermining our land use planning system.

The quality of life in Oregon has never been more in the balance. We urge a "YES" vote on Measure 49.

David A. Leslie, Executive Director, Ecumenical Ministries of Oregon

The Rev. Kent Harrop, President of the Board, Ecumenical Ministries of Oregon, McMinnville

The Oregon Center for Christian Values

(This information furnished by Jenny Holmes, Ecumenical Ministries of Oregon.)

Argument in Favor



Dear Oregon Voters,

We join in the support of Measure 49 because it is our responsibility to uphold the mission of the Architecture Foundation of Oregon. That mission states that we "advocate the enhancement of our built environment, the livability of our communities, and preservation of our rich architectural heritage."

Support of Measure 49 is one of the clearest and most expedient ways we can uphold this mission.

Measure 49 will enhance our built environment by clarifying the right of families to build homes on their property.

Measure 49 will sustain the livability of our communities by protecting the forests, farmlands and rivers that surround our large and small cities, making Oregon the unique and special place that we all cherish.

Measure 49 will preserve our rich architectural heritage by protecting the settings in which many of Oregon's architectural treasures exist.

Please vote Yes on Measure 49.



Arthur W. Johnson, President
Carol Mayer-Reed, FASLA
G. Jane Jarrett, Executive Director
Jonah Cohen, AIA
Omid Nabipoor

Board of Directors:
Martha Peck Andrews, FAIA
Linda Barnes, FAIA
Kathy Shaloo Berg, AIA
Philip Beyl, AIA
Tom Braden
Tom Cody
Linda Czopek
Kent Duffy, FAIA
Bart Eberwein
Susan Stevens Emmons
Gaafar Gaafar
Jacklyn L. Hallock
Patrick C. Harrington
Neal Huston, AIA
Kevin Johnson, AIA
Nawzad Othman
Steve Poland, AIA
Bart Ricketts
Kurt Schultz, AIA
Richard Spies, AIA


(This information furnished by Arthur W. Johnson and Gloria Jane Jarrett, Architecture Foundation of Oregon.)

Argument in Favor

Please join Lane County farm and ranch families and vote yes on Measure 49

At the base of the Willamette Valley, Lane County farms produce many of Oregon's most treasured products: hazelnuts, berries, dairy, grass seed, tree fruit, wine and many more.

What makes these products possible is the same thing that contributes greatly to Oregon's quality of life: Minimizing conflicts over land uses. With clear ground rules and a fair process, we can avoid creating conflict. That approach is part of our heritage.

Unfortunately, the unanswered questions created by Measure 37 are sparking more and more conflicts. More court challenges. More disputes between neighbors. More uncertainty. The rules are not at all clear, and there are so many unanswered questions that many more conflicts are certain to arise. Without a fix, these conflicts will plug the courts for years to come. Without a fix, countless Oregonians won't have the certainty they need to make plans for their families, their homes, and their small businesses.

Luckily, we have Measure 49. Measure 49 addresses these unanswered questions. It clarifies the ground rules and the qualifications. Also important, it allows a reasonable number of homes to be built in agricultural areas without destroying the land base that farm and ranch families depend on. We could wait years for the courts to sort through all these disputes, but we don't have to wait. Measure 49 puts the power to fix these problems in your hands. You have the power to vote yes and fix what's wrong.

Over 400 farm and ranch families make up Lane County Farm Bureau. Our purpose is to ensure that family agriculture continues to be a vital part of Oregon life. That vitality depends on the availability of farm ground, and minimizing conflict in and around farm zones. Measure 49 helps us accomplish all of these.

Please join us in voting yes on Measure 49.

(This information furnished by Donna Corwin, president, Lane County Farm Bureau.)

Argument in Favor

Oregon's Conservation and Environmental Community Urge a "YES" Vote on 49

Oregonians share a steadfast commitment to the responsible stewardship of Oregon's natural legacy. After all, we only have one Oregon, one home, to defend.

To defend our home, please join us in voting "YES" on 49.

Measure 49 protects Oregon's farms, forests, and water supplies, as well as the rights of families to build a few homes on their own property.

It fixes flaws in Measure 37 that allow large housing subdivisions, big-box stores and strip malls where they don't belong.

For example, a Measure 37 claim has been filed at the mouth of the wild Sixes River—perhaps the greatest natural estuary remaining on the Oregon Coast. The claim threatens wild salmon and steelhead habitat with 150 housing units, a 250-room hotel, golf courses, and parking lots on land in a beach and dune conservation area.

Other examples include the claim to place a pumice mine inside the Newberry National Monument, as well as claims for massive development on Steens Mountain, Mt. Hood, along many rivers and streams and up and down the Oregon Coast.

Go to www.yeson49.com and see the literally hundreds of examples like these, across the state, in which Measure 37 is being abused by speculative developers and timber companies in ways that will permanently rob our children of their natural legacy.

While most areas of our country have lost farmland, forests and natural areas to development, Oregon has preserved the places that make our state special. Measure 49 is a critical chance to restore balance to Oregon and our last chance to save many of these areas for future generations.

Yes on Measure 49. Protect Our Home - Oregon.

Audubon Society of Portland
Environment Oregon
Friends of the Columbia Gorge
Kalmiopsis Audubon Society
Oregon Conservation Network
Oregon Environmental Council
Oregon League of Conservation Voters
Oregon Sierra Club
Oregon Shores Conservation Coalition
WaterWatch of Oregon

(This information furnished by Sybil Ackerman, Oregon Conservation Network.)

Argument in Favor

Central Oregon: How would you like to grow?

That's the question on this November's ballot.

Measure 37 has generated claims for large subdivisions and commercial development across swaths of Central Oregon where they are currently not allowed.

Measure 49 amends Measure 37 by limiting this large development: It allows landowners who want to add a few homesites to do so, if they could when they bought their land. And in an area with water shortages, it's just common sense to grow more gradually.

Measure 49 also prohibits using a Measure 37 claim to site an industrial or retail commercial development.

Subdivisions and strip malls? Or farmland, forest and deserts? You decide

Here are just a few of the claims for development Measure 37 would bring to Central Oregon:

Location: Knott Road, Bend, Deschutes County, 223 acres
Current zoning: exclusive farm use
Intent: Resort with horse ranches, golf course, 60 to 80-lot residential subdivision

Location: West Evergreen Avenue, Redmond, 815 acres
Current zoning: exclusive farm use
Intent: Destination resort, including residential units, lodging, commercial development, sewage treatment facilities.

Location: French Road, Prineville, 1,741 acres
Current zoning: exclusive farm use
Intent: 2,640 half-acre lot subdivision

Location: Newsome Creek Road, Post, Deschutes County
15,464 acres
Intent: 3,092-lot subdivision

Location: 1200 Bull Boulevard, Prineville, 4,404 acres
Current zoning: exclusive farm use
Intent: Subdivide into 1,003 residential lots

Location: Ashwood, Jefferson County, 6,240 acres
Intent: Destination resort, including residential subdivision and commercial development.

Location: Lake Billy Chinook, Jefferson County, 5,512 acres
Intent: Unspecified development

Location: Belmont Lane, Madras, Jefferson County, 752 acres
Current zoning: exclusive farm use
Intent: 244-lot subdivision

Location: Maupin, Wasco County, 1,051 acres
Current zoning: exclusive farm use
Intent: Surface mining, "dude ranches," hunting and fishing lodges, conference areas, residential subdivision, etc.

Location: Dufur Valley Road, The Dalles, Wasco County
4,074 acres
Current zoning: exclusive farm use
Intent: Subdivision into 200 20-acre "ranchettes"

(Information provided according to most recent data available as of Aug 20, 2007.)

(This information furnished by Lynn Greenwood.)

Argument in Favor

Help Protect Our River.
Vote Yes on Measure 49.

As retirees, my husband and I live in Oregon's beautiful Illinois River Valley where we enjoy the quiet and rural character of the area. We live along the Illinois River, and we cherish its clean waters and friendly community. Here, people can still swim, and salmon and steelhead still spawn.

We live here because unlike many parts of the country, Oregon has preserved its forests, farmland and land along rivers and water. That's important to us and to future generations. We never imagined that Oregon would lose this. But now a proposed development through Measure 37 on the Illinois River will forever undo this special place.

And if we don't fix it now - this November - it will be too late.

A local resident is proposing to build a commercial enterprise with a store, parking lot, and arena on his property by the river. The state has approved the claim because of Measure 37. This project threatens to generate fecal pollution and fertilizer directly into the Illinois River, threatening the recreational opportunities families enjoy and the wildlife habitat native fish need to survive.

And public drinking water may be threatened as well; our city's public water intake is directly downstream from this proposed development.

Our story is not unusual. Many Oregonians like us support the rights of families to build a home or two on their land - and that is protected with Measure 49. But we oppose the excesses and abuses of Measure 37 that allow commercial business uses where they don't belong.

Help keep our rivers and drinking water clean! Please support Measure 49.

Thank you,

D. Hover-Kramer

(This information furnished by Dorothea Hover-Kramer.)

Argument in Favor

Developers make the profits - and taxpayers get stuck with the bill.

Measure 49 will keep large developers from shifting their costs to taxpayers.

We all value public services in our communities - from reliable police and fire protection to safe roads, sanitation and water supplies.

And we all pay for those services through local property taxes and user fees. We are willing to pay our fair share. But we expect others to pay their fair share as well.

Under Measure 37, that's not going to happen.

Our cities and counties can barely afford to keep our police and fire departments properly equipped, our bridges and roads in good repair, and our water and sewer systems up to basic standards for health and safety.

New subdivisions and sprawling developments will make things worse.

If we continue to allow large developers to use Measure 37 like a bulldozer over our rural lands, they'll make a quick profit, but we'll end up footing the bill - either in higher taxes or fewer services.

  • Think of the costs of building safe new roads to far-flung housing developments on what is now farm and forest land.

  • Think of who pays when our cities and counties have to add police and fire coverage to reach distant housing tracts.

  • Think of who loses if we have to extend water and sewer lines to new developments and can't maintain the systems we have now.

Balance growth is important: We want to enjoy livable communities. But we want to make sure that all of us can afford to pay for the services that our communities require.

Measure 49 will rein in developers who are pushing for massive subdivisions on hundreds of thousands or acres of what is now rural land.

Measure 49 will discourage expensive, large developments that shift costs to us taxpayers.

Measure 49 will keep our communities livable and affordable - before it's too late.

Vote Yes on Measure 49.

(This information furnished by Rachel Grant.)

Argument in Favor

To produce and publish sound evidence on the question of whether land-use regulations in general cause economic loss in land value, the Gray Family Fund at Oregon Community Foundation funded two independent studies

The first was the June 2007 report by two OSU professors, Jaeger and Plantinga, How Have Land-use Regulations Affected Property Values in Oregon concludes: "Our analysis of Oregon land value data finds no evidence of a generalized reduction in value caused by Oregon's land use regulations, a result that is consistent with economic theory and with research in the economics field". Other excerpts are:

"Land values (adjusted for inflation) have generally risen since the introduction of Oregon's land use planning system in 1973, both for rural lands zoned for farm use and forest use and for developable lands both inside and outside the urban growth boundaries". --- "The data presented here do not, therefore, support the belief that Oregon's land-use system has systematically reduced the value of restricted properties. Oregon's land-use planning system is not intended to limit the amount of development that occurs, but rather it is intended to influence the location of development in ways that are consistent with various land-use planning goals".

The second study published in June 2007 by the Georgetown University Environmental Law and Policy Institute, Washington, D.C. - Property Values and Oregon's Measure 37 - reached similar conclusions:

"A comparison of statewide agricultural land values in Oregon and (California and Idaho) shows that Oregon experienced comparable, and generally somewhat higher, rate of appreciation as its neighbors, again despite Oregon's stricter regulation of rural development".

These research studies have convinced me to urge a Yes vote for M-49 to help preserve our state's nature and health. Please vote Yes and thank you.

John D. Gray
Retired Chairman, Omark Industries; Developer of
Salishan, Sunriver, Skamania Lodge and Johns Landing

(This information furnished by John D. Gray.)

Argument in Favor

The Gray Family Fund of the Oregon Community Foundation funded work by the Institute of Metropolitan Studies, Portland State University, to compile, analyze and publish information about the number, type, and county of 7,462 Measure 37 claims filed between December 2004 and March 12, 2007. This information may be reviewed at http://www.upa.pdx.edu/IMS/currentprojects/m37/index.php.

All claims show the number of acres affected and the county. The vast majority of claims also show how the land is zoned, and the kind of land division the claimant demands. Estimates of what all the 7,462 claims will do, based on the proportion of claims which do specify zoning and division type, shows the following:

3,153 claims (42%) seek 1-3 home sites.

4,309 claims (58%) seek subdivisions on farm and forest land averaging between 128-154 acres.

61% of the farmland subdivision claims are in Willamette Valley, mostly on "high value" land.

Measure 49 fixes Measure 37 in at least two ways. First, M-49 helps the "little guy" by approving 1-3 lot claims without proof of loss, and by giving transferability which M-37 did not. Second, M-49 limits subdivisions on high value land and in groundwater restricted areas to 3 lots. On other lands M-49 limits subdivisions to 4-10 lots, based on proof of loss which must be shown by an appraisal.

These and other facts have convinced me to support M-49. If you want to modify M-37 to help the little guy and to limit big subdivisions on Oregon's best farm and timber land. I urge you to vote Yes on M-49.

John D. Gray
Retired Chairman, Omark Industries
Developer - Salishan, Skamania Lodge,
Sunriver and Johns Landing

(This information furnished by John D. Gray.)

Argument in Favor

When our forests are gone, we'll never get them back.
Protect our forests.
Vote Yes on Measure 49.

Forests have always been a special part of Oregon's natural heritage, and they can continue to be a special part of Oregon's future - if we vote Yes on Measure 49.

When properly managed, forests provide habitat for fish and game, year-round recreation and jobs that sustain local communities.

But claims filed under Measure 37 threaten to turn tens of thousands of prime forest land into housing subdivisions and commercial projects, each of which will require roads, water lines and utilities that will magnify their impacts on the land.

Once our forests are gone, we will never get them back. We have seen that happen in other parts of the country. We don't want to see it happen here.

Measure 49 will protect private forest lands for both recreation and forestry.

Forest land owners are given new protections under Measure 49 to protect their investments far into the future. When we are fair to forest owners, we provide greater incentives to manage our forests for sustainable yields and maximum benefits for all Oregonians.

That's the reason we provide special designations for forest land.

Measure 49 will keep those designations in place and protect our forests for generations to come.

Protect our forests. Protect our future. Vote Yes on Measure 49.

(This information furnished by Carly Jean Birkey.)

Argument in Favor

Farm families in Clackamas County ask you to vote yes on Measure 49

Sandwiched between a thriving metropolis on the valley floor and the forested slopes of the Cascades, Clackamas County agriculture is a great example of why Oregon needs Measure 49.

Clackamas County is an integral part of the Portland metro area and home to about 375,000 Oregonians. Complementing that urban character is a thriving family farm economy. Farm families in our county produce nearly $400 million in sales each year, not including off-farm businesses like transportation, processing, marketing, restaurants, and retail. Blessed with some great soils, Clackamas County is the second most productive agricultural county in Oregon.

Clackamas County is a virtual who's who of beloved Oregon products. Strawberries, Christmas trees, blueberries and blackberries, ornamentals and shade trees, fresh vegetables, hazelnuts, wine, and many more Oregon farm favorites are grown here. Clackamas County is also home to tulip-filled fields, a sea of colors that so beautifully represents Oregon in calendars, posters, and cards.

How can Clackamas County be such a family farm success story? The farm answer is that we have the quality land, water, labor, and know-how to be successful. The public policy answer is balance. Oregon needs laws that emphasize balance among different kinds of uses for our irreplaceable land. With balance, family farming can continue to thrive for decades to come, in harmony with flourishing urban areas.

Measure 49 brings balance to the heart of our public policy. It allows a reasonable number of homes to be built in farming areas while protecting these areas from runaway development. A lack of balance breeds conflict. Conflict undermines the quality of life enjoyed by all who call this wonderful place home. By bringing balance, Measure 49 will reduce conflicts. We all benefit from that.

Clackamas County Farm Bureau has more than 650 farm families working together toward positive solutions. We ask you to join us in voting yes on Measure 49.

(This information furnished by Joe Casale, Jr., Clackamas County Farm Bureau.)

Argument in Favor

Oregon's Fire Chiefs Urge You
to Vote Yes on Measure 49

It may seem unusual that Oregon Fire Chiefs would weigh in on an issue like Measure 49. After all, what does firefighting have to do with who gets to build what buildings, and where?

The answer is: it matters a lot.

Our job is to protect the structures, and the people who live and work inside them. That job can be made much more difficult if those structures are not built with fire protection in mind. And even if those homes and businesses are well-built, they can be at risk if they are built in the wrong places.

That is what is happening with Measure 37. And Measure 49 will help fix it.

Many Measure 37 claims are for massive housing subdivisions on remote farm and forestland that are not appropriate from a fire protection standpoint.

  • They are isolated from fire stations and other services.
  • They are often in places at risk for wildfires.
  • These areas have limited water supplies, and housing developments could drain them even further. It's very hard to put out a fire without enough water.

It would be very difficult, and in some cases perhaps impossible, to provide adequate fire protection for the kinds of large development Measure 37's loopholes are now allowing. And to the extent that we can, it will be very expensive - an expense that will be born by local property taxpayers.

Measure 49 will protect the rights of landowners to build a few houses on their land, if the law allowed them to when they bought it. But it will also help us protect you, by preventing the wrong kind of development in the wrong kinds of places.

Roy Hari
Fire Chief - retired, Marion County Fire District 1

Larry D. Eckhardt
Retired Fire Chief, Sheridan Oregon

(This information furnished by Liz Kaufman, Yes on 49 Campaign.)



Elections Division, Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722