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Measure 49

Arguments in Opposition

We urge you to read Measure 49 very carefully before voting.

Measure 49 is not what it appears to be.

Measure 49 passed by a single vote in the Oregon Legislature. It is poorly drafted and will lead to years of litigation and political infighting in Salem.

The Ballot Title Is Intentionally Misleading:
What you read on your ballot for Measure 49 was not written by the Attorney General or Secretary of State. It was not reviewed by the Oregon Supreme Court for neutrality and objectivity. The legislature used a rare political trick to draft the language using public opinion polls -- to find the most deceptive "political" language. Why? Because special interest groups don't want you to know what is really in Measure 49.

They Had To Mislead Voters To Hide The True Intent Of Measure 49
Measure 49 will allow state and local government to take your home and property without compensation, wiping out laws that require government to pay fair value for what it takes.

Measure 49 Repeals Your Vote On Measure 37
Section 4 of Measure 49 repeals your vote on Measure 37 and replaces it with a complex process for property owners, which experts say will not work, and opens property owners up lawsuits, fees, and years of frustration. The most offensive part is that Measure 49 was forced through the Legislature without a single public hearing!

Implementing Measure 37
Our job this session was to implement your overwhelming votes supporting Measure 7 and Measure 37 to protect property owners. The Legislature ignored your votes, invented a crisis, and sent you Measure 49 - forcing you to vote a third time!

Measure 37 can be fairly implemented without stealing your property - but Measure 49 is not the answer. Please join us in voting No on 49.

Senator Larry George           Representative Bill Garrard

(This information furnished by Senator Larry George and Representative Bill Garrard.)


Argument in Opposition

MEASURE 49 HURTS FAMILY FARMERS - PLEASE VOTE NO

The Oregon Family Farm Association PAC asks you to vote NO on Measure 49.

Current Oregon law requires government to pay you fair value when it reduces the value or takes away your right to use your property -- a core protection for property owners. Measure 49 guts these basic protections for our property and life-savings.

Measure 49 is a radical change to state law that allows the government to take your property without any compensation.

We rely on our property for our livelihood, and unlike large corporate farms, every new regulation makes it harder to stay in business.

Corporate farmers and their lobbyists got loopholes for themselves in Measure 49 - but small farmers and ranchers got left out and now face lawsuits and years of frustration if Measure 49 passes.

Voters asked the Legislature to implement Measure 37, instead they manufactured a fake crisis and crafted Measure 49.

There is no problem in Measure 37 that cannot be addressed by proper implementation by the Legislature. Oregon voters passed Measure 37 in 2004, and the Legislature refused to implement it in both the 2005 and 2007 Legislative Sessions. The politicians refused to implement Measure 37 in order to create a false crisis - so they could justify Measure 49's radical changes.

Measure 49 will have a detrimental affect on family farmers:

Today, property owners have protection in state law. If Measure 49 passes, those protections will be gone. In addition:

  • We will have to pay the government's attorneys and appraisers to get our property back;


  • Those of us who have permits to build a house or two on our property will have those permits wiped out, and be forced to start all over;


  • We will have to prove that we made $80,000 per year in order to build a farmhouse to live in on our property.

MEASURE 49 HURTS FAMILY FARMERS - PLEASE VOTE NO

(This information furnished by Matt Cyrus, Oregon Family Farm Association PAC.)


Argument in Opposition

MEASURE 49 IS BAD FOR OREGON'S ECONOMY

I am a professional economist. In my career, I have served as an advisor for central banks, businesses, governments, and developing countries. It is my job to know how to balance economic growth with concerns about the natural environment.

Economists know that protection of property rights is central to the health of the economy and the environment.

Anyone who wants to take your property-whether a private party or a government-should compensate you at the market value of the property taken. Otherwise, uses of known value will be lost to uses of unknown, and untested value.

I have examined Measure 49 in detail. Under Measure 49, if your home or property is taken by a new government regulation, you will not receive fair compensation for the lost opportunities. Thus, there is no guarantee that the public use of your property has sufficient value to the Oregon economy to offset the uses that have been lost.

If government takes $50,000 of your property for, say, open space or views, under Measure 49 you may receive far less than $50,000, if you receive anything at all. If a private party wanted to buy your property for open space or views, it would have to pay fair market value for the land. Government should have to play by the same rules.

Measure 49 uses an arbitrary scheme to determine how much, if anything, you will receive in compensation for taken property. That scheme has almost nothing to do with the impact a new government action has on the value of your property. It does not employ accepted, valuation principles.

First year economics students learn that the economies of many countries around the world suffer because of poorly-protected rights to private property. Measure 49 contains policy errors in this regard that a first year economics undergraduate would not make.

We should expect more from our elected leaders. Vote NO on 49.

(This information furnished by Randall Pozdena, Ph. D, Quantecon Incorporated.)


Argument in Opposition

Oregon Sportsmen, Hunters, and Fishermen
Urge A No Vote On Measure 49

Dear Friends:

Measure 49 could cost Oregonians their whole life-savings when government takes their property without compensation. Measure 49 is unfair and terrible public policy.

Oregon sportsmen work closely with Oregon property owners to make sure we protect and promote wildlife and the protection of the environment - Measure 49 would completely undermine those collaborative efforts.

Furthermore, Measure 49 would open up our property owner partners to lawsuits from anybody in the entire United States…a disastrous (and expensive) provision in Measure 49.

Measure 49 is so poorly drafted that it would tie-up property owners in court for years.

Please vote against this extreme change in state law - Please vote no on Measure 49.

Sincerely,

Glenn Cloyd
President, Oregon Sportsmen Assn.

(This information furnished by Glenn Cloyd, President, Oregon Sportsmen Association.)


Argument in Opposition

We are land use attorneys in Oregon. Combined, we have over 325 years of experience representing Oregonians.

We have each read Measure 49 and we all agree - Measure 49 is a dangerous proposal that will wipe out the property rights of those Oregon families who can least afford it.

In our careers, we have represented government, corporations, small businesses, environmental groups, farmers, ranchers, industries, developers, neighborhood groups, rural residents, urban residents, etc.

Measure 49 was drafted by legislators who know little about land use law or who have a special interest agenda. The Measure adds new provisions to Oregon law that fundamentally change the relationship between private citizens and state government, and weakens the rights of property owners in ways that are so unique and unfair that they seem unimaginable.

If Measure 49 passes:

  • State and local government will be able to pass new land use regulations that destroy the value of your home and property without compensation;
  • Property owners who have followed all of the land use rules and have received government approval to use their property will have their approval wiped out;
  • Property owners in cities will have fewer rights than property owners in rural areas;
  • If your property is taken and you demand compensation, you will have to pay your attorney, your appraiser, the government's attorney, and the government's appraiser, even if you win.

As the professionals who will have to make this new law work, we can only tell you that Measure 49 is not what it appears to be, will not work, and will do far more harm to Oregon property owners than good.

Please vote NO on Measure 49.

Mark Bartholomew - Medford
William Cox - Portland
James Dole - Grants Pass
Mark O'Donnell - Portland
John Pinkstaff - Portland
John Rankin - Sherwood
Michael Spencer - Klamath Falls
Robert Swift - Newberg
Meredith VanValkenburgh - The Dalles
Joe Willis - Bend
Jeffrey Wilson - Prineville

(This information furnished by Mark S. Bartholomew; William C. Cox; James R. Dole; Mark O'Donnell, O'Donnell & Clark LLP; John C. Pinkstaff; John A. Rankin; Michael L. Spencer; Robert E. Swift; Meredith D. VanValkenburgh, VanValkenburgh & Associates PC; D. Joe Willis, Attorney at Law; Jeffrey M. Wilson.)


Argument in Opposition

The Oregon Cattlemen's Association
Asks You To Vote No On Measure 49

Measure 49 is about one simple issue: Should government be able to take your property without paying for it?

Measure 49 would allow Oregon's state, regional, and local governments to take your private property - and take your property with zero compensation for your loss. And if you demand your property back, you will have to pay the government's lawyers and appraisers to get it back - even if you win!

We believe that if government wants your property, then they must pay you for it. If you agree with us, please join us in voting No on Measure 49.

You will read rather unbelievable statements that Measure 49 will protect farmland, forestland, and groundwater - those statements are used to fool you. Politicians and special interests groups used polling to find out what words to use to best manipulate Oregon voters. Measure 49 is not about protecting those resources, it is about changing the law to allow government to take your property without compensation.

Nobody relies more on the protection of land and water than Oregon's ranchers and cattlemen. We are committed to conserve these resources and ensure that they last for generations - many of us are fourth and fifth generation ranchers.

Measure 49 undermines those efforts - if our property is not safe from government takings, then we cannot make long-term plans for future generations and we wipe out generations of ranchers. Measure 49 is a direct assault on Oregon's family farmers and ranchers and traditional agriculture.

Those that support Measure 49 may think that we can be replaced with mega-corporate farms, but we believe that small-scale, family-based agriculture is best for our state, our natural resources, and our environment.

Please reject the misleading campaign and help us protect Oregon agriculture for future generations. Vote No on Measure 49.

www.orcattle.com

(This information furnished by Kay Teisl, Oregon Cattlemen's Association.)


Argument in Opposition

The Hood River Agriculture, Forestry, and Landowner's Association Asks You to Vote NO on Measure 49

We are all long time agricultural and forest property owners. Together we represent the vast majority of EFU land in Hood River County. We own orchards, vineyards, hay fields, and forest acreage. We raise kids and pears and apples and grapes and cherries and fir trees and cows. We are all farmers with "family farms." The next time you read in the newspaper about agriculture in the Hood River Valley, they are talking about us.

We are also unanimously opposed to Measure 49. Why? Because Measure 49 strips us of our most valuable commodity - the right to control how we operate our farms and use our land.

Today, foreign competition along with state and federal laws are slowly combining to put us out of business. In order for us to compete, we must be able to make changes to the way we use our land based on economics, not how pretty the view is or the soil type.

But Oregon's statewide, centralized land use laws, the only ones of their kind in the nation, prevent us from making changes based on economics.

To them, it is all about protecting "farmland." But no one cares about protecting the "farmer."

Measure 49 strips us of our property rights. It is a cruel blow to an industry that is already struggling to stay alive. If Measure 49 passes, we will be unable to diversify our operations, and to use our unproductive areas for higher economic uses, which allow us to keep farming on the productive parts of our farms.

We are proud to be Americans working in the natural resource industry. It is our hope that our children and grandchildren will continue our heritage. But Measure 49 and Oregon's ridiculous land use laws make that unlikely.

Please vote NO on Measure 49.

(This information furnished by John M. Benton, Sr., Hood River Agriculture, Forestry and Landowner's Association.)


Argument in Opposition

Legislators ignored Oregon Voters too long and Measure 37 passed. A hidden agenda begins. First a "head fake" saying its finally past time to rework our land use laws and SB 82 in the 2005 session authorizes a volunteer task force of 10, "The Big Look Task Force". With questionable support by the state, the hard working task force appears wandering. In the process Department of Land Use Conservation, (DLCD) Governor's Office, Metro, and the Task Force are receiving facts indicating that the planning function is far more suspect than ever imagined. Extreme errors were cited in Metro Government Planning. Metro which governs 40% of Oregon's Population had apparently frivolously extended the Urban Growth Boundaries (UBG) especially along Mt. Hood Highway east of Gresham also Damascus to be important sources of tens of thousand of industrial and high technology jobs. (Metro's Title 4 map of Significant Industrial Lands). Then Oregon's DLCD "acknowledges" their plans to officially meet state goals. ODOT even jumps in and starts spending Federal Funding to pursue transportation studies for Metro's exuberance. This sets the stage for damage control. Promptly at the legislature Metro gets the legislature to delay its 5 year cycle requirement to review the urban growth boundary by adding another 2 years. I say no wonder they are clueless on how to fix their last mistakes let alone update the UGB. Then curiously the potential 'whistle blowing' Big Look Committee gets the axe. The weak excuse is that Oregon voters are not "sophisticated enough" to think about more than just M-37 (i.e. Task Force puts our intelligence on overload). Lastly, damage control makes sure that the land use committees in the House and Senate avoid even the routine land use problems normally addressed. Then, finally, in the late hours with problems swept under the rug, and under false pretenses of "clarifying", M-37 gets a 'hatchet' job renamed M-49.

Robert Butler, President, Butler Brokers Inc., Commercial Realtors

(This information furnished by Robert Butler, Butler Brokers Inc., Commercial Realtors.)


Argument in Opposition

Measure 49 has never had a public hearing.

Measure 49 is so bad, legislatures would only vote for it if it was referred back to the voters.

Measure 49 is 24 pages of tricks and errors, including:

-If you are inside the UGB, you are guaranteed 0 lots
(Section 9(2) "… may not exceed the lessor of…")
(Section 9(6) "The reduction in fair market value…") (see financial formula!)

-If you are outside the UGB, you are guaranteed 1 lot
(per application, not lots owned!) Section 6(2)(c)

-If your "highest and best use" is not residential, you will get 0 lots; for residential or otherwise. Section 7(8)

-If you try to use the financial formula, you will fail- it was designed that way! A CPA firm was hired to run many examples; highest value was 1 lot, usually 0 lots.
Section 7(6)  Out UGB    Section 9(6)  In UGB

-You can't use the financial formula if you are in "high value" farm or forest (90% of buildable Clackamas, Washington, Yamhill, etc) - OR if you are:

Section 2(c)(A) "…water irrigation"

Section 2(c)(D) "…five acres planted in wine grapes"

Section 2(e) "Land that is exclusive farm use zone and is at an elevation between 200 and 1000 feet above mean sea level, with an aspect between 67.5 and 292.5 degrees and a slope between zero and 15 percent, and located within…") (5 million acres of viticulture areas!)

-Appraisal is required for financial formula. Few firms are willing, data is scarce, and you will be sued! Section 9(7)

-This Measure beefs up lawsuits against you; eliminates your right to collect legal costs- even if you win!

-see our website for other examples of disqualification!

www.fix49.com

Darrin Black
Matthew L. Green-Hite, CPA

(This information furnished by Matthew Green-Hite, Fix Measure 49.)


Argument in Opposition

FAMILY OWNED TIMBER COMPANY OPPOSES MEASURE 49

Stimson Lumber is a family owned, Oregon based company, committed to protecting Oregon and the beauty of our state.

Our company has roots dating back to the 1850's. We are one of the oldest, continuously operating forest products companies in the United States. We are proud of our Oregon legacy.

Now, our company and our thousands of employees are being attacked for our opposition to Measure 49. Consider what Measure 49 will do:

  • Measure 49 takes away property rights from hard working Oregonians.


  • Measure 49 allows government to reduce your land value. It gives them unbridled authority to lower property values. That's just not fair.


  • Measure 49 is too extreme. Not only does it take away rights recently given back to property owners, it takes away all future protection you might have from government taking the value of your land.


  • Measure 49 treats property owners different. If you own farm or forestland, or if you live in an urban area, you have no rights under Measure 49.


  • Measure 49 had no public input in the Legislature. Perhaps that's why it treats property owners unfairly.

Stimson has donated millions of dollars to charities, supports high school apprenticeship programs where we are located and operates a sustainable timber program, with the goal of protecting the environment. We would not be able to operate five Oregon mills, providing family wage jobs, unless we were stewards of Oregon's valuable timber resource land.

Measure 49 is complicated, it is cumbersome, and all it will do is create more bureaucracy, less protections of private property and more confusion about land use regulations in our state.

Please, join me and vote NO on Measure 49.

Andrew Miller, President
Stimson Lumber
Portland

(This information furnished by Andrew Miller, Stimson Lumber Company.)


Argument in Opposition

The Oregon Association of REALTORS® asks you to please vote NO on Measure 49.

The Oregon Association of REALTORS® is the trade association for Oregon's REALTORS®, real estate professionals who help Oregonians achieve the American Dream of homeownership.

We believe that property ownership is the cornerstone of our democratic society. Property ownership allows people from all walks of life to build economic security for themselves and their families.

We believe that one of the primary responsibilities of the government is to ensure that property owners are treated fairly. Measure 49 is very unfair to many property owners. Therefore, we are asking you to please vote NO.

Measure 49 replaces Measure 37, the land use compensation measure that was passed by Oregon voters in 2004, and ruled to be constitutional by the Oregon Supreme Court. We did not support Measure 37, but we recognize the issues that led to its passage.

Measure 49 would eliminate most Measure 37 claims, even claims that have already received approval. Measure 49 ignores the many Oregonians who relied on the existing law and spent tens or hundreds of thousands of dollars merely following the law. This is not fair.

The Oregon Association of REALTORS® proposed a balanced five-point plan to the Legislature for dealing with Measure 37 that would have reduced its impact, while still being fair. Unfortunately, this balanced plan was rejected.

Even worse, the Legislature cut funding for the Big Look Committee, the non-partisan, non-political committee created to recommend improvements to Oregon's land use system. If Measure 49 passes, it is unlikely that there will be any improvements to Oregon's land use system for many years to come.

Please vote NO on Measure 49.

(This information furnished by Art Kegler, President, Oregon Association of REALTORS.)


Argument in Opposition

MEASURE 49 WILL SHUT DOWN OUR WASHINGTON COUNTY U-PICK FRUIT FARM

Jossy Farms is a family run u-pick apple, peach and pear farm in Washington County. Every year we open our farm to thousands of customers who seek quality local produce.

Our 67 acre farm is zoned AF-5. This zoning allows for 5-acre parcels, with homesites on each parcel. Under current zoning, we can create 13 home sites, but we'd have to eliminate our u-pick farm.

When voters passed Measure 37, we were thrilled. Measure 37 allowed us to create smaller rural parcels that we could cluster together. By clustering our parcels, we could use a smaller portion of our property and leave the orchards in place for the next generation of Jossy's to offer fruit to the public.

But if Measure 49 passes, our claim will be wiped out, and our orchard will shut down.

Measure 49 is just the latest in a series of blunt instruments that show what is wrong with Oregon's land use planning laws. The current planning laws force us to tear out our orchards in order to divide our property. If we had more control over our property, like Measure 37 provided for us, we could create the lots for our family and keep the orchards intact as well.

It's a win-win for everyone, except for Measure 49 supporters. Small farmers like us, and every other farm family who want some control over their farm operations, are called "greedy developers" and "speculators" by the Measure 49 supporters who don't have the first clue about our business. It is totally unfair, and makes us mad.

We've been here for generations. We want to be here for generations to come. But Measure 49 and ill-conceived land use laws force us out of business. What a shame.

Please vote NO on 49.

(This information furnished by Robert Jossy and April Jossy, Jossy Farms.)


Argument in Opposition

The Oregon State Grange, Rural Oregonians, and Oregon Farmers Ask You To
Please vote No on Measure 49.

Tell the Politicians and Special Interests NO! - we have already voted to protect our homes and property 3 times on statewide ballot measures since 2000. How many more times do we have to say it - Stop Trying To Take Our Homes and Property!

Measure 49 is a deceptive Measure that makes dramatic changes to Oregon law.

Not only will Measure 49 allow government to take your home and property without compensation, if approved Measure 49 will:

  • allow government to change the rules after you buy your property to take away rights that you paid for.


  • allow you to be sued by anyone in the United States if you try and defend your property from government taking.


  • force you to pay lawyers and appraisers to defend your property, and you will also have to pay the government's lawyers and appraisers who are trying to take your property from you, even if you win!


  • change the rules for people who have already received approval to build a home or two on their property. Despite what Measure 49 supporters claim, Measure 49 will not let these people build a home or two on their property.


  • require property owners in rural areas to make $80,000 from farming for at least two years before they can build a farmhouse on their property.


  • expose property owners in urban areas to huge financial danger - for example, if your non-conforming home or business is destroyed by fire, Measure 49 allows cities to stop you from rebuilding without compensation.

This is a short list of what is hidden inside Measure 49's complicated language. Measure 49 simply will not work for anyone. We deserve better.

Vote NO on Measure 49.

(This information furnished by Phyllis A. Wilson, President/Master, Oregon State Grange.)


Argument in Opposition

The Josephine County Farm Bureau
Asks All Oregonians to Vote NO on Measure 49!

We are farmers and ranchers in rural Oregon. Oregon's land use laws affect everything we do with our land. A radical change like Measure 49 will only cause more grief, stress, and problems as farmers and ranchers in Oregon continue to work to make ends meet.

Measure 49 will make it nearly impossible for farm families to continue. Under Measure 49, a farmer who wants to build a home or two on his property for his kids is going to be faced with:

  • New requirements just to build two or three homes on his property;


  • Paying exorbitant fees to the government just to get permission for his kids to live on the family farm


  • Lawsuits from people as far away from him as possible, who simply don't want family farms to continue in Oregon.


  • Uncertainty and confusion as the courts try to make sense of 21 pages of legalese, mistakes and confusion

Family farms face enough uncertainty in this day and age. Measure 49 will only result in more heartache and frustration for farm families trying to make a living off the land. Current law makes it easier for family farms to be passed down through the generations. Measure 49's burdensome and confusing language will result in years of litigation - years that family farms simply do not have.

That is why the Josephine County Farm Bureau opposes Measure 49. Measure 49 is another attack on rural Oregon by extremists who do not approve of our way of life.

Please join the Josephine County Farm Bureau in voting NO on Measure 49.

(This information furnished by Bud Combe, Vice President, Josephine County Farm Bureau.)


Argument in Opposition

ATTENTION ALL FARMERS AND RANCHERS
The Jackson County Stockmen's Association Asks You to Vote NO on Measure 49!

Some farming groups think that Measure 49 won't hurt agriculture. Some farming groups don't know how to read.

Measure 49 is full of tricks and traps for everyone in Oregon, but there is a giant trap in Measure 49 waiting for Oregon's farmers and ranchers.

Section 12.(6) of Measure 49 says that any use of land as a result of a Measure 49 claim made after June 28th, 2007 is a non-conforming use.

This is a HUGE wolf in sheep's clothing.

Imagine the Legislature passes a 50-foot streamside setback in 2009 for all agricultural uses. If that happened, farmers and ranchers would all file claims under Measure 49, seeking a "waiver" from the 50-foot setback rule. The state would grant the "waiver", which would then make the farmer or rancher's use of the property a "non-conforming" use.

In Oregon, a non-conforming use must be used continuously, otherwise you lose that use of your property. In the context of farming and ranching, this means that the property you received a waiver for must be farmed or grazed continuously. That means no crop or livestock rotation, otherwise you will lose the non-conforming use that Measure 49 established on your property.

And what happens if you lose the non-conforming use? That's right, you would have to abide by the 50-foot setback rule.

And under Measure 49, there is nothing you can do about it because under Measure 49, property owners can only make one claim. Ever.

Remember the attempt to "Fence In Oregon", and how much time and effort Oregon agriculture had to put in to defeat that awful idea.

The same people who backed that measure are backing Measure 49.

Do you have to guess why?

Please join the Jackson County Stockmen's Association and vote NO on Measure 49.

(This information furnished by Mike Daunehauer, Jackson County Stockmen's Association.)


Argument in Opposition

WHY DID THE LEGISLATURE STOP THE OREGON ATTORNEY GENERAL
AND THE OREGON SUPREME COURT FROM REVIEWING THE
OFFICIAL" BALLOT TITLE?

Be very careful when you read the "official" ballot title for Measure 49. Our colleagues are trying to fool you.

When you read the voters' pamphlet or look at your ballot, you see a ballot title for each ballot measure. The purpose of the ballot title is to give you accurate and unbiased information about the measure, so that you can make an informed choice with your vote.

The ballot title is normally prepared by the Oregon Attorney General. The public is then given an opportunity to comment on that ballot title.

At the request of a member of the public, the Oregon Supreme Court will then review the Oregon Attorney General's ballot title to make sure it is fair and accurate. If it is not, then the Court will ask the Attorney General to rewrite the ballot title.

This process has been in place for decades. It ensures that voters are not misled by politicized or inaccurate ballot titles.

With Measure 49, the legislature has completely ignored our tried and tested ballot title process. Instead of allowing the Oregon Attorney General, the public, and the Oregon Supreme Court to perform their normal roles, the legislature created its own ballot title for Measure 49.

The legislature then barred the Oregon Supreme Court and Attorney General from reviewing its ballot title, and it barred the public from challenging the ballot title.

Why did the legislature do this? Because legislative leaders were taking polls to determine what language would be most likely to convince voters to vote for Measure 49, not what was unbiased and accurate.

This is shameful. That's not what the ballot title is supposed to do. Before you vote, please study Measure 49 and don't rely on the politicized ballot title.

Representative Patti Smith
Senator Roger Beyer

(This information furnished by Senator Roger Beyer and Representative Patti Smith.)


Argument in Opposition

HOW MANY TIMES DO WE HAVE TO TELL THE LEGISLATURE THAT
OUR PROPERTY SHOULD NOT BE TAKEN WITHOUT JUST
COMPENSATION?

How many times do we have to vote to protect our home and property? How many times until the legislature gets the message?

As ranchers, we face all kinds of threats to our livelihood. The one threat that we fear the most is the legislature.

After all, most legislators know absolutely nothing about our industry and the hard work we do to provide the best product we can to American consumers. But they make the laws that make the difference between whether we stay in business or lose our ranches.

In the last decade, Oregon voters have voted twice to protect private property from being taken by government without just compensation. These laws are very important to ranchers, as they guarantee that our rights to farm and ranch will continue on, provided our ranching operations comply with all health and safety regulations.

But now, a group of politicians want to overturn our votes once again. Measure 49 is their latest effort.

The worst part is, these same politicians refused to allow the public to testify on Measure 49. I guess they don't care about what we think.

We're really tired of being told that we don't know what we're voting for. Measure 49 is a bad law. Please vote no.

Grant County Stock Growers Association

(This information furnished by James Welsh, Grant County Stock Growers.)


Argument in Opposition

As a law professor and former law school dean, I believe that property rights are an essential part of American society. The ability to purchase and use property in pursuit of a multitude of purposes drives our economy and provides Americans with the most freedom and the best standard of living in the world. Property rights provide for homes, places of employment and recreation, and for personal privacy. Private property is also the tax base which funds many public services.

This does not mean that property rights are absolute. There must be a balance between the rights of private citizens to own and use their property and the rights of the public to be free from property uses that endanger health and safety. The public must also have the authority to purchase private property for public uses.

That balance currently exists in Oregon. Oregon law (ORS 197.352) protects property owners' rights to use their property in the way it could be used when it was acquired, but does not allow property owners to use their property in ways that would create a nuisance or endanger the public's health and safety.

Measure 49 destroys that balance. Under Measure 49, state and local governments will be able to enact land use regulations that take the property rights of every private property owner in Oregon without just compensation.

That means that your backyard can be declared "open space," your business property can be declared "wildlife habitat," and your farm can be declared a "scenic view."

There is nothing wrong with these choices if they are what the people of Oregon want. But it is wrong to demand that the property owner bear the entire cost to provide these choices. Under Measure 49, that is exactly what will happen.

Measure 49 is a significant change in Oregon law that will fundamentally weaken the property rights of every Oregon property owner.

Jim Huffman

(This information furnished by James L. Huffman.)


Argument in Opposition

OREGON EMPLOYERS OPPOSE MEASURE 49

As some of Oregon's largest employers, we oppose Ballot Measure 49.

Our companies employ thousands of Oregonians throughout the state at family wages. Each of us has been in business for decades in Oregon.

Our employees serve on the local school board. They coach little league baseball. They sit by you at church. They shop in local stores. Their children go to public schools. They pay taxes.

In short, we are part of your community. Many Oregon communities were formed around our industries.

We believe that a fundamental key to a healthy economy is a respect for the ability of every citizen to own and use property.

Without this ability, our companies would not be successful, we would not have jobs for our employees, and we would be unable to serve our communities.

Measure 49 strikes at the heart of your ability to own and use your property. That is why we vigorously oppose it.

If Measure 49 is approved, the investments we make in our companies and our property are in jeopardy. Measure 49 allows government to take our property and businesses without compensation. If our property is taken, so are the jobs we provide.

What Measure 49 supporters fail to realize is that in a competitive global market, one regulation can wipe out an industry. Measure 49 makes it far more likely that such a regulation will be adopted.

So while Measure 49 supporters call us names and ridicule us for standing up for free enterprise and the right to use our property in the manner we could when we purchased it, we'll continue to do what we can to defend every Oregonian's right to own and use their property.

Please vote No on Measure 49.

Aaron Jones, President, Seneca Sawmill Co.
Michael Fahey, President, Columbia Helicopters
Robert Freres Jr., Freres Lumber Co.
Joan Austin, Executive Vice President, A-dec
Steven Swanson, Swanson Group

(This information furnished by Aaron Jones, President, Seneca Sawmill Co.; Michael Fahey, President, Columbia Helicopters; Robert Freres, Jr., Freres Lumber Co.; Joan Austin, Executive Vice President, A-dec; Steven Swanson, Swanson Group.)


Argument in Opposition

ATTENTION SENIORS - MEASURE 49 WILL RAISE PROPERTY TAXES

One of the hidden dangers of Measure 49 is the impact it will have on your property tax bill.

Measure 49 allows government to pass new land use regulations that destroy the value of private property. For example, in 2004, Metro proposed to designate nearly 80,000 acres of private land in the Portland Metropolitan area as "wildlife habitat." If Metro would have forced cities and counties in the region to adopt these designations, the property value of the thousands of private property owners who were affected would have been drastically reduced.

For the owners of the property, the impacts would have been devastating. Their property would have been taken with no compensation.

But you would have paid too. Your property taxes would have been raised to make up the difference!

That's what Measure 49 will do - allow government to take your neighbor's property without just compensation and force you to pay higher property taxes at the same time!

Measure 49 is a bad idea! For more information, go to www.oregonwatchdog.com.

(This information furnished by Jason Williams, Taxpayers Association of Oregon PAC.)


Argument in Opposition

If there's only one thing that you remember about Measure 49, remember this: If Measure 49 passes, state and local government can and will take your home and property without just compensation.

Senator Ted Ferrioli, Senate Minority Leader
Representative Wayne Scott, House Minority Leader

(This information furnished by Senator Ted Ferrioli, Senate Republican Leader; Representative Wayne Scott, House Republican Leader.)


Argument in Opposition

In 1973, I voted for Senate Bill 100, the bill that created our statewide, centralized land use system.

I knew that SB 100 could allow state and local governments to take people's homes and property. I hoped that would not happen, but was persuaded to vote yes because of Section 24 in SB 100. This section directed the legislature to find a way to compensate property owners for any property that could be taken.

If you want to see for yourself, look at Section 24(4) of Senate Bill 100 (1973). Without that section, I would never have voted for Senate Bill 100.

In short, the legislature made a promise to Oregonians. If Measure 49 passes, that promise will be broken.

Measure 49 is an extreme response to your vote on Measure 37. If Measure 49 is approved, what we tried to prevent in Senate Bill 100 will occur - homes and property will be taken by state and local governments without just compensation.

Measure 49 supporters will tell you that Measure 49 will restore Oregon's land use planning laws. But these people weren't in the legislature in 1973, and apparently have never read Senate Bill 100, or choose to ignore what it says.

If Measure 49 passes, we are destroying the very balance that we tried to make when we created Senate Bill 100. That would be a terrible shame.

Vote NO on Measure 49.

Roger Martin
Former State Representative

(This information furnished by Roger Martin.)


Argument in Opposition

MEASURE 49 HURTS NEIGHBORHOODS

Between 2000-2025, one million new people are expected to come to Oregon. In some parts of the state, we're already noticing the impacts:

  • Long established residential neighborhoods are being dramatically changed, with skinny houses, condos, and rowhouses stacked into places that used to be open spaces or backyards;


  • Traffic congestion on main roads is becoming unbearable, and parking spaces near home are impossible to find;


  • New subdivisions are being built with big homes on small lots with no yards for kids and no privacy;


  • Urban streets, water, and sewer infrastructure, designed for fewer residents, is being torn up and replaced (at taxpayer expense) to handle the new apartments placed in existing neighborhoods;


  • Neighborhoods are being gentrified, as people on modest incomes can no longer afford the costs of living in areas where they grew up;


  • Schools in suburbs are becoming overcrowded, as people look desperately for places where home prices are lower, there's a little more space, and traffic isn't as bad.

These impacts are partly the result of our existing land use system. If Measure 49 passes, you can expect that these problems will only get worse.

Measure 49 allows Metro, state government, and cities to take your home and property without just compensation. If Measure 49 passes, it will be nearly impossible to find a new home with a large yard, a home in the country, or something affordable for the working family.

If you live in town, look at the new developments being built. Do you see any that have a yard, or a place to play? Are you really being given a choice? Is there any balance? The people that brought you the current system that forces these developments are trying to get you to support Measure 49. Don't be fooled.

Protect your neighborhood, your property, and your choices. Vote No on Measure 49.

(This information furnished by James Karlock.)


Argument in Opposition

Please vote NO on Measure 49
Here we go again

I live in Medford, in your typical suburban neighborhood. I am now retired, but for decades I served as a city and county employee. There are several property owners in my area whose property rights have been restored by Measure 37.

I am asking that you join me in voting NO on Measure 49 for several reasons. First, Measure 49 is a radical change from the current law. My neighbors simply ask that their property rights be restored, and I don't think that is asking too much. Measure 49 will take away those rights, which just isn't fair.

Second, Measure 49 is completely unworkable. It was written behind closed doors, without any public input. I am concerned that Oregon's dedicated public servants will not be able to apply Measure 49 because the measure is so poorly written.

When that happens, city, county and state employees often bear the brunt of the public's frustration for the mistakes of politicians. Given how poorly written Measure 49 is, I am afraid there will be many frustrated Oregonians.

Third, Oregon has a proud tradition of open and transparent government. But the process used to draft Measure 49 was anything but open or transparent. In fact, the public was never allowed to testify on Measure 49! If Measure 49 passes, I can guarantee that in the future the public will be excluded from the process. Oregonians cannot let that happen.

Finally, Oregonians have already spoken with one loud and clear voice on this issue. How many times are the politicians going to try to override the will of the people, and how many times are we - the people - going to have to reaffirm our vote before the politicians finally get the message?

Please join me in voting NO on Measure 49.

Ken Marshall, Medford

(This information furnished by Ken Marshall.)


Argument in Opposition

PLEASE, treat others the way you would like to be treated!

In 1921, President Harding, using the Homestead Act, created our private land. For over 35 years, this beautiful and pristine land, brimming with wildlife, has been home.

We are conservationists, having protected over 170 acres of this spectacular habitat. Our dream is to develop a small Eco Retreat Center for others to experience God's beauty, refreshment, solitude, and inspiration.

We join 7,000+ families, filing M#37, who have dreams for their land. We have invested our lives and thousands of dollars, expecting fair treatment, jumping every "hoop". Now, M#49 threatens to sweep it all away. Below are 3 reasons why we believe you should consider voting No.

1) In 1973, the State of Oregon made a promise to its citizens: When property rights are taken away, those experiencing loss will be fairly compensated. This never happened, until M#37. Now, M#49 further dishonors and buries those promises. When our Government does not honor its' word with any one group, we are all threatened.

2) M#49 supporters throw around the number of acres for proposed development, trying to create shock value. The truth is that Government owns and controls over one-half of all Oregon land. The truth is that the 7,000+ claims represent less than 1.25% of Oregon's land. Not mentioning this is like selling a car at so much a month, with no mention of the number of months or total price. Private landowners have a conscience: we care about a healthy, balanced, beautiful Oregon environment, without heaping more M#49 government restrictions.

3) We all need good development: Homes, food production, sanitation, medical/dental, clean water, etc. In our free society, there are always a few folks with low morals: people in development being no different. We all take off our shoes at the airport because of the few: we don't close the airports.

M#49 is a destroyer of integrity, incentive, and fairness. Thank you for caring!

(This information furnished by Jesse and Elaine Pattison.)


Argument in Opposition

The Holtan Family Asks You to Vote "NO" on Ballot Measure 49

My name is Eric Holtan. Our family farm is located in rural Yamhill County. Our farm has been in the Holtan family for three generations.

In 2003, my father became very sick, and my mother needed help taking care of my father and the family farm. My wife and I wanted to move to the farm to help my mother and father, but land use laws would not allow it.

My father passed away just after the November 2004 elections, that's when Oregonians changed the law to make is possible for families like mine to move back to the family farm. Measure 37 made it possible for us to build a home on the farm, and be there for my mother.

Measure 49 will change all of that, by making radical changes to the law. Measure 49 would make it nearly impossible for young families like mine to ever be able to move back to the family farm because of Measure 49's hidden costs:

  • Measure 49 allows government to charge families any amount just to build one home.
  • Second, Measure 49 allows anyone in the entire state of Oregon to file a lawsuit to stop family farms from passing on to future generations, forcing young families like mine to bear the cost of expensive attorneys, just because they want to preserve their family's farm!
  • Finally, Measure 49's filing requirements are so burdensome that the cost of complying with Measure 49 would make it impossible for young families living on the family farm.

Measure 49 is a bad idea, and will change the law so dramatically that young families will never be able to move out to the family farm.

Please join my family in voting NO on Measure 49

(This information furnished by Eric Holtan.)


Argument in Opposition

As a former Mayor and land use hearings officer I understand the frustration many citizens have with overbearing land use regulations and the Department of Land Conservation and Development.

I did not vote for Measure 37 but represent some Measure 37 claimants. In doing so, I have been appalled at how poorly citizens have been treated by the State (DLCD). I believe DLCD has deliberately violated the law and put elderly ordinary citizens, in a position where they have to sue the State in court for relief. Last May, DLCD, in collusion with a small number of legislators, concocted Measure 49 behind closed doors. They are now asking the voters to pass a measure that is flawed and will not work.

Measure 49 designates as high value farmland most properties in Central Oregon even though there are no water rights on the land or soils to support agricultural activity. Sagebrush and juniper as high value farmland? Nonsense!

Measure 49 penalizes innocent citizens who, in reliance on Measure 37 waivers, spent their hard earned resources to file land use applications. Measure 49 does not grandfather those persons in as has been done in the past. Instead, your fellow citizens will lose not only their rights but also their hard earned savings.

There is a better approach. The State can reform our land use system by allowing a certain level of rural development on lands that do not have high value for agricultural or forest uses or are in sensitive environmental areas. The State has rejected innovative measures and believes that the overbearing regulations that were the cause of Measure 7 and Measure 37 must stand. Do not be deceived. If Measure 49 passes, there will be no incentive for the State to initiate reform. Vote No on Measure 49 and force the State to initiate meaningful reform in our land use system.

Ed Fitch, Attorney at Law, Redmond

(This information furnished by Edward Fitch, Attorney at Law.)


Argument in Opposition

The Jackson County Farm Bureau Asks Oregonians to Please Vote NO on Measure 49

Please Do Not Hurt Oregon Agriculture!

Ballot Measure 49 is a radical departure from the current law in Oregon. Under current law, farm families can easily hand down the family farm through the generations.

But Measure 49 changes all of that. If Measure 49 passes, the ability of farms to stay in the family will be put in jeopardy. And all of Oregon agriculture will be seriously hurt.

Under Ballot Measure 49, if a farmer wants to pass his farm down to his children or grandchildren, anyone in the state of Oregon can sue the farmer to stop him! That means a farmer in Jackson County can be sued by someone all the way up in Portland, just because the farmer wants to build a home for his daughter or son on the family farm!

Farming is hard, honorable work. Do Oregonians really want to repay farmers with the threat of years of endless lawsuits?

When will the attack on rural Oregon ever stop?

Oregon's land use system is seriously broken. Measure 49 only makes things worse for those of us who make our living off of the land.

Many in Oregon's farming industry tried to tell the Legislature that Measure 49 would seriously hurt farming and farm families in Oregon, but the Legislature wouldn't allow ANY public comment on Measure 49 during the committee process.

Don't fall for the trickery behind Measure 49. If you take the time to read all 21 pages of the Measure, you will find out Measure 49 isn't all that it is cracked up to be.

Please join President Ron Bjork and the Jackson County Farm Bureau and vote NO on Measure 49!

(This information furnished by Ron Bjork, Jackson County Farm Bureau.)


Argument in Opposition

MEASURE 49 MAKES PARENTS AND GRANDPARENTS CHOOSE
Vote NO on Measure 49

As parents and grandparents, we are asking that you vote NO on Measure 49.

We are the proud parents of five children, and grandparents of five grandchildren. We have owned our property in Clackamas County since 1960. Recently we received permission under the current law to allow us to divide up our property so that we could give each child and grandchild a piece of our property to call their own.

More importantly, the current law allows us to keep our property in the family.

Measure 49 will not allow us to pass our property on to our children and grandchildren. Measure 49 is a drastic departure from current law. Under Measure 49, we may only be able to divide our property into two parcels - in addition to the parcel our home currently sits upon.

Measure 49 is so poorly written, no one can say with any certainty that Measure 49 would help us at all.

That means that we are going to have choose which of our children and grandchildren will get one of the two parcels that Measure 49 might allow.

We have already invested our life's savings into our property. Measure 49 will force us to re-file with the government, with no promise that we will get any relief whatsoever. Measure 49 allows the government to regulate virtually all the value of your property without providing any compensation. The only thing we are guaranteed is that under Measure 49, we stand to lose everything we have invested.

Measure 49 is a very bad idea. Measure 49 will force families like ours to make choices that the current law does not. There is no reason why the current law should be changed so radically and in such a way that penalizes families like yours and ours.

Please join us in voting NO on Measure 49.

Mr. and Mrs. Gerald Curry
Estacada

(This information furnished by Gerald Curry and Roberta Curry.)


Argument in Opposition

Dear Oregonians:

Many constituents claim Legislator's don't think of the long term consequences of votes in the House of Representatives. Now it is your turn.

Think before voting. Measure 49 repeals the intent of Measure 7 struck down by an activist Supreme Court thwarting the will of the people. Measure 37's implementation was partially blocked by the Attorney General's February 24, 2005 legal opinion thwarting the will of the people. Our Democrat Governor talks about flawed language in his letter to your home but helped block fixes in the Legislature.

Think before voting. The ballot title, measure text, and explanation statement are not neutral or bipartisan in any manner as normally required by the law. The Democrat controlled House inserted this Measure into the Voters' Pamphlet based on a party line vote. Every House Republican opposed stacking the deck against the public. The Democrat controlled Joint Committee on Land Use Fairness amended what you read without a public hearing, with only three hours public notice, and on a pure Democratic party line vote. Check the public record at www.leg.state.or.us.

Think before voting. Rhetoric reigns. Chicken little claims the sky is falling as irreplaceable agriculture and forest lands are decimated. Fact or fiction? The public record shows the forest industry opposed the House bill creating this Measure. Farm organizations are on the public record as opposing the same. Federal records show Oregon farmers were subsidized $74 million dollars in 2006. Farmers were paid not to plant crops on Oregon lands. State records show 500,000 acres in conservation reserves. Another 2.1 million acres sit fallow according to official State documents.

Think before voting. Do you own your home? Do you really own your land? Should citizens have property rights? Can a father allow his son to build a home for his children on the family farm? The governing elite and bureaucracy have said no. You should say No to Measure 49.

Respectfully,

Brian J. Boquist
State Representative

(This information furnished by Brian J. Boquist, State Representative.)


Argument in Opposition

Americans for Prosperity - Oregon Urges a "No" Vote on Measure 49

Measure 49 would allow the government to take your property without paying you for it.

The U.S. and Oregon Constitutions guarantee that you will be compensated if government takes your property. For almost 40 years, Oregon's land use system has refused to recognize this simple Constitutional guarantee.

Under current law, if government takes an action that reduces your property value, they have to pay you.
Measure 49 would undercut our own Constitution.

Measure 49 would allow government to take your property for the benefit of private companies -
including out-of-state companies.

Please join us in voting "No" on Measure 49

Americans for Prosperity - Oregon
www.americansforprosperity.org
Oregon_AFP@yahoo.com

(This information furnished by Jeff Kropf and Matt Evans, Americans for Prosperity - Oregon.)


Argument in Opposition

Laws that affect important public issues, like Measure 49, deserve the full protection of the legislative process. The people of Oregon may disagree as to whether Measure 49 is good or bad public policy, but public testimony before the Legislature assures the integrity of the process. In refusing to allow a single substantive public hearing on Measure 49, the Legislature violated a fundamental principle: the people's business requires the input of the people.

Equally disturbing is the Legislature's actions to prevent judicial review of the Measure 49 ballot title. The people of Oregon may contest a ballot title if, in a citizen's judgment, the title is unfair (ORS 250.085). For Measure 49, the Legislature used a separate bill (HB 2640) to FORBID a challenge to the ballot title. Specifically, the Legislature stripped the Oregon Supreme Court of the power to review. This intentionally negates the people's ability to contest a ballot title that, by any objective measure, does not fairly describe Measure 49.

All Oregonians should be concerned about the "jurisdiction stripping" provisions attached to Measure 49. It is fundamentally bad policy for the Legislature to strip away Court jurisdiction over a specific matter and prohibit Court review of a ballot title. It takes little imagination to see how the Legislature's abuse of "jurisdiction stripping" provisions can lead to fundamental breaches in the rights we all enjoy as Oregonians.

Measure 49 has pros and cons depending on one's perspective. However, the Legislature's refusal to allow a discussion of the pros and cons and its prohibition of Court review for the ballot title is not consistent with what we must demand of our elected officials. The people's business is too important to be held captive to partisan politics in Salem. Vote NO on Measure 49 and send the Legislature a message that the integrity of the legislative process and judicial review must always be preserved for the people.

(This information furnished by Paul Hribernick.)


Argument in Opposition

OREGON ORCHARDISTS ASK YOU TO VOTE NO ON MEASURE 49

We raise a diverse range of crops including pears, apples, and hazelnuts.

Although we don't raise the same types of crops, we do have one thing in common: We all oppose Measure 49.

When you commit to planting an orchard, you commit to years of expenses before you get a crop. Like timber, our type of farming is a long-term investment. We consider all the risks when we make those investments in the future.

Measure 49 would grant the government the power to take the value and use of private property without compensation.

That risk would jeopardize future investment by family orchardists. We already make long term investments facing the uncertainty of global competition, changes in climate, and uncertain government labor policies. If government can take our property without compensation, the risk becomes too much.

Who would make long-term plans if you will lose your investment with the stroke of a bureaucrat's pen?

That's why we urge a No Vote on Measure 49!

What About Subdivisions and Farmland?

It is laughable that those supporting Measure 49 are talking about farmland and subdivisions.

These are the same people and special interest groups that have supported the state land use regulatory system, a system which has forced large scale development onto the prime farmland around Portland, Salem, Eugene, and Medford for over 30 years.

Measure 49 will force large scale developments onto prime farmland near cities and lock away unproductive areas, all at the expense of the property owner, Oregon agriculture, and those of you sitting in traffic.

Measure 49 undermines Oregon agriculture. Please Vote No on Measure 49.

Debra Laraway, apple grower, Hood River County
Phil Downing, hazelnut grower, Washington County
Frances Y. Benton, pear grower, Hood River County

(This information furnished by Debra Laraway, Laraway & Sons Inc.; Phil Downing, Downing Nut Farm; Frances Y. Benton, Benton Orchards.)


Argument in Opposition

THE ALBANY DEMOCRAT-HERALD CALLS THE YES ON MEASURE 49 CAMPAIGN
"A PILE OF BALONEY"

The Albany Democrat-Herald said this about supporters of Measure 49: "The campaign for Measure 49 has begun, and if the start is any indication, you are in for a pile of baloney." Albany Democrat-Herald, August 10th, 2007.

Supporters of Measure 49 will say just about anything to scare you about Measure 37. Here are the facts about Measure 37:

  1. There have been approximately 7,562 claims filed under Measure 37. (Source: Portland State University Measure 37 Database Website, http://www.pdx.edu/ims/m37database.html, last visited August 30th, 2007).


  2. The amount of land that is subject to Measure 37 claims is approximately 1% of the land in Oregon. (Source: Portland State University Measure 37 Database Website, http://www.pdx.edu/ims/m37database.html, last visited August 30th, 2007). That means 99% of Oregon is unchanged by Measure 37.


  3. The average home site created by Measure 37 is 13 acres. Source: Portland State University website, http://www.pdx.edu/ims/m37.html, last visited August 30th, 2007). 13 acres is roughly the size of 13 city blocks. These are the "massive subdivisions" that opponents keep talking about. Look around, have you seen these massive subdivisions?


  4. Measure 37 doesn't allow any use that will endanger the public's health or safety. See ORS 197.352(3)(B). In order to make a Measure 37 claim, you must prove there is adequate water (you can't dry up your neighbor's wells), adequate sewer disposal (you can't pollute), adequate roads, adequate fire/police protection etc. All health and safety regulations must be complied with.

As the Democrat-Herald notes, "The idea now is to scare us about Measure 37's effects." Albany Democrat-Herald, August 10th, 2007. These are the tactics of Measure 49 supporters. Now that you know the facts, you shouldn't be scared.

(This information furnished by Ross Day, Director of Legal Affairs, Oregonians In Action.)


Argument in Opposition

MEASURE 49 SIMPLY DOES NOT WORK!
Don't vote to penalize Oregonians who followed the law!

Thousands of your fellow Oregonians have spent a lot of money - some people have invested their entire life savings - following the current law, trying to get their property rights back.

These Oregonians have followed the rules, jumped through all the hoops the government put in their way, all just to get their rights back. Measure 49 threatens everything your fellow Oregonians have worked so hard for.

Under Measure 49, property owners who have received waivers to use their property under current law will have to re-file their applications, satisfy a whole new set of criteria, and run the risk of the government denying any relief whatsoever.

It's the language of the Measure that counts:

Supporters of Measure 49 claim that Measure 49 does not require any property owners to re-file anything. But a quick read of Measure 49 shows that Measure 49's supporters simply are wrong:

  • Section 6(6)(d) requires claimants to re-file their claims using tougher new standards that weren't required under Measure 37
  • Section 8(2)(b) requires the Department of Land Conservation and Development to identify the information that a property owner has to file under Measure 49
  • Section 8(3) explains that a property owner must file the form requirement by the Department of Land Conservation and Development, along with any information required by the form.

By requiring new information, and new filings, Measure 49 puts at risk the investments of thousands of Oregonians who have done nothing more than follow the law and played by the rules.

Despite what supporters of Measure 49 are claiming, the fact is that Oregonians are going to have to go through the application process yet again if Measure 49 passes. This is simply not fair.

When you read Measure 49, it is easy to see that Measure 49 simply will not work.

Please vote NO on Measure 49.

(This information furnished by Frank L. Nims, President, Oregonians In Action.)


Argument in Opposition

Don't Let Out-Of-State Corporations Take Your Property!
Stop the Measure 49 Trojan horse!

Measure 49 will allow government to take your private property, without compensation, to benefit a single corporation.

They didn't tell you that in the misleading ballot title did they?

Here's what happens if Measure 49 passes:

Let's say that some local politicians want to help a big corporation. The big corporation says that it wants your property as a "buffer," the local politicians can pass a law or regulations that prohibits you from using your property - without one dime of compensation. You paid for the land with years of hard work, and the corporation gets all the benefits. The politicians pay you nothing for the use of your land…and you lose your life's savings.

That is why Measure 49 is so unfair.

That is why so much money is pouring in from corporations and their front groups to pass an Oregon ballot measure, its why Measure 49 was so controversial that it only passed the Legislature by a single vote, that is why the Legislature refused to hold even one public hearing to expose the real intent.

Measure 49 is a Trojan horse - it is what is hidden inside the measure that will steal the property and life work of thousands of real Oregonians.

Don't let them fool you with talk of farmland and groundwater - this Measure is about one thing, letting government take your property without compensation. The farmland talk is the "Trojan Horse" to get you to grant them the power to take your property!

Please Read Measure 49 carefully, and we are positive that you will join us in voting No on Measure 49.

(This information furnished by Ashley Overman.)


Argument in Opposition

PLANNING OFFICIALS ASK YOU TO VOTE NO ON 49

As planning commissioners/community planning organization presidents, we have a unique understanding of how zoning and planning works in our areas, and of Oregon's unique and controversial land use laws.

We have each examined Measure 49 in detail, and urge you to vote NO on this badly flawed measure.

Measure 49 erases what little control Oregon property owners maintain in their property. It allows state and local governments to take your property without just compensation.

We have seen countless examples in our duties as planning commissioners of property owners making perfectly reasonable requests to use their property which were not allowed by our current land use system.

It is very frustrating to have to tell a property owner that they can't do something that makes perfect sense.

If Measure 49 passes, we'll be doing that a lot.

Matt Green-Hite, Gladstone Planning Commissioner
David Jaques, Douglas County Planning Commmissioner
Don Moore, Josephine County Planning Commissioner
Jerry Olsen, Estacada, Community Planning Organization President
Rich Raynor, Douglas County Planning Commissioner

(This information furnished by Matthew Green-Hite, CPA, Gladstone Planning Commission Chair; David Jaques, Planning Commission Chairman 12 years, Douglas County Planning Commission; Don Moore, Josephine County Planning Commission; Jerry Olsen, CPA; Rich Raynor.)


Argument in Opposition

Please vote No on Measure 49.

Big Money Special Interests, Backed by Out-of-State Corporations are Supporting Measure 49…
      …here are a few reasons we recommend a No vote on Measure 49:

#1  They Have Tried To Fool You:
The Oregon Legislature narrowly passed Measure 49 by one vote, but refused to allow even 1 public hearing on this very controversial bill. They also drafted a title for the ballot that was completely misleading, and then added a provision stripping Oregonians the fundamental right to appeal for a fair and unbiased ballot title.

#2  They Have Tried Mislead You:
The ballot title states that Measure 49 will protect farmland, forestland, and ground water. This is untrue. Look around, over the past 30 years Oregon's state land use laws has directed the building of subdivisions around Portland, Hillsboro, Salem, Albany, Eugene, and Medford on "prime farmland." That continues whether Measure 49 passes or not. Why would the Legislature need our statewide vote to protect groundwater? It is condescending that they think they can mislead Oregon votes with a ballot title would insult us with this ballot title.

#3  What Do They Have To Hide??
Measure 49 makes a dramatic change to property law in Oregon. It would allow state and local governments totake your property without compensation. If you vote for Measure 49 you are surrendering the protections in current law for the property you own, or every property you or your children hope to own in the future.

Measure 49 is a radical change to state law that allows government to literally steal private property. We cannot give up such precious protections.

Please Vote No On Measure 49

(This information furnished by Frank Mills.)


Argument in Opposition

Before voting on Measure 49, ask yourself these questions:

  1. Why did the legislature refuse to hold even one public hearing on Measure 49 before they sent it to voters?


  2. Why did the legislature reject the Oregon Attorney General's neutral and unbiased ballot title for Measure 49?


  3. Why did the legislature refuse to allow the public to comment on the ballot title they prepared for Measure 49?


  4. Why did the legislature refuse to allow the Oregon Supreme Court to make sure the ballot title for Measure 49 was not biased misleading or inaccurate? Every other ballot title can be reviewed by the Supreme Court, why not Measure 49's ballot title?


  5. How is Measure 49 a "compromise" when the Measure was approved by the legislature along party lines? Why didn't the legislature pass a proposal that had broad, bipartisan support?


  6. Why won't Measure 49 supporters tell you that any property owner in Oregon can be sued by anyone for wanting to put just one home on their property?


  7. Why won't Measure 49 supporters tell you that under Measure 49, your home and property can be taken by the government without compensation, and if you try and get your property back, you will have to pay your attorney, your appraiser, the government's attorney, and the government's appraiser, even if you win your case?

Unfortunately, there are no good answers to these questions. Which is part of the reason why we urge a NO vote on Measure 49.

Measure 49 is no "compromise." It doesn't fix anything. It makes sweeping changes to Oregon law. Please reject Measure 49.

(This information furnished by David J. Hunnicutt, Stop Taking Our Property PAC.)


Argument in Opposition

As a former Mayor and land use hearings officer I understand the frustration many citizens have with overbearing land use regulations and the Department of Land Conservation and Development.

I did not vote for Measure 37 but represent some Measure 37 claimants. In doing so, I have been appalled at how poorly citizens have been treated by the State (DLCD). I believe DLCD has deliberately violated the law and put elderly ordinary citizens, in a position where they have to sue the State in court for relief. Last May, DLCD, in collusion with a small number of legislators, concocted Measure 49 behind closed doors. They are now asking the voters to pass a measure that is flawed and will not work.

Measure 49 designates as high value farmland most properties in Central Oregon even though there are no water rights on the land or soils to support agricultural activity. Sagebrush and juniper as high value farmland? Nonsense!

Measure 49 penalizes innocent citizens who, in reliance on Measure 37 waivers, spent their hard earned resources to file land use applications. Measure 49 does not grandfather those persons in as has been done in the past. Instead, your fellow citizens will lose not only their rights but also their hard earned savings.

There is a better approach. The State can reform our land use system by allowing a certain level of rural development on lands that do not have high value for agricultural or forest uses or are in sensitive environmental areas. The State has rejected innovative measures and believes that the overbearing regulations that were the cause of Measure 7 and Measure 37 must stand. Do not be deceived. If Measure 49 passes, there will be no incentive for the State to initiate reform. Vote No on Measure 49 and force the State to initiate meaningful reform in our land use system.

Edward Fitch, Attorney at Law, Redmond

(This information furnished by Edward Fitch, Attorney at Law.)


Argument in Opposition

ISSUE: COMPENSATION

If Measure 49 passes, government can take your home and property without compensation.

Why? Because if Government takes your property, and you ask for it back, Measure 49 requires you to pay for two appraisals of the property. Section 12(2). Your appraiser is required to determine the fair market value that's been taken from you using an interest rate for a one-year Treasury Bill. Section 12(2).

Unfortunately, one-year Treasury Bills haven't been sold since 2001!

That means your appraiser can't calculate the value of your property that has been taken. Measure 49 makes it impossible to prove your case!

That's just the beginning. Measure 49 allows the government to charge you a "fee" to "review your claim." Section 13(3). That "fee" will include charges for the government's appraisers to review your claim, the government's lawyers to review your claim, the government's planners to process your claim, and the government's hearings officer to conduct a public hearing on your claim.

And all this because you dared to ask for your property back!

But that's not all. If government takes your property, and you file a claim to get it back, you will have to endure at least one government hearing on your claim, where anyone can show up and oppose you. Section 14(1). If the government decides to give you your property back, anyone who appeared at the public hearing (even if they just sent an e-mail) can sue you in the local court! Section 16(1).

It gets even worse. Even if you win, and the government gives you your property back, you will still have to pay your attorneys and appraisers and the government's attorneys and appraisers. Why? Because Measure 49 changes Oregon law to eliminate your right to recover your costs to get your property back! Section 4.

The point is simple. Nobody will have any protection for their home and property if Measure 49 passes.

Dale Riddle, Attorney at Law, Eugene

(This information furnished by Dale Riddle, Attorney at Law.)


Argument in Opposition

ISSUE: WHY WAIVERS AREN'T TRANSFERABLE UNDER MEASURE 49

Supporters of Measure 49 are making claims about Measure 49 that are simply false.

Supporters of Measure 49 claim that Measure 49 makes "waivers" transferable

Read the text of Measure 49 and decide for yourself:

For Measure 49 claims made before June 28th, 2007, Section 11.(6) says:

(6) An authorization to partition or subdivide the property, or to establish dwellings on the property, granted under section 6, 7 or 9 of the 2007 Act runs with the property and may be either transferred with the property or encumbered by another person without affecting the authorization.

Nowhere in this section does it say "Waivers are transferable". The term "waiver" is specially defined in Measure 49 in Section 2.(21). If the Legislature meant for "waivers" to be transferable, the Legislature would have said so. Instead, this section says that "authorizations" (i.e. permits) are transferable.

Permits are transferable under current law. Measure 49 does not change the current law to allow for "transferability of waivers".

For Measure 49 claims made after June 28th, 2007, Section 12.(6) of Measure 49 says

(6) A use authorized by this section has the legal status of a lawful nonconforming use in the same manner as provided by ORS 215.130…When a use authorized by this section is lawfully established, the use may be continued lawfully in the same manner as provided by ORS 215.130.

What this means is that property owners who file a Measure 49 claim after June 28, 2007, must establish the use of the property (i.e. build the house) before the property can be sold. This is exactly what supporters of Measure 49 say is the status of the current law.

Measure 49 does not change the current law, which means Measure 49 does nothing to change transferability.

When you take the time to read Measure 49, you realize that Measure 49 simply doesn't work.

Ross Day, Attorney at Law, Tigard

(This information furnished by Ross A. Day, Attorney at Law.)


Argument in Opposition

ISSUE: WHY MEASURE 49 WILL MAKE YOU PAY THE GOVERNMENT TO GET YOUR RIGHTS BACK

Supporters of Measure 49 are making claims about Measure 49 that are simply false.

But here is something the Supporters of Measure 49 are not telling you.

Under Measure 49, you are no longer able to recover your attorney fees. What is worse, under Measure 49, you may have to pay for the government's attorney fees and appraisals.

Read the text of Measure 49 and decide for yourself:

Section 4 of Measure 49 repeals your right to recover your attorney fees.

Section 8.(5) of Measure 49 allows the government to collect the "actual and reasonable cost of the review [of your claim]".

Section 13.(3) of Measure allows the government to "impose a fee for review of a claim filed under [Measure 49] in an amount not to exceed the actual and reasonable cost of reviewing the claim."

Under Measure 49, not only do you lose your right to recover attorney fees, but the government can actually charge you for the cost of reviewing your claim - which will include, undoubtedly, the cost of having the government's lawyers review your claim.

Also, under Measure 49, the government will be able to charge you for other costs like land use planners and the government's own appraisal. The government's appraisals alone will cost thousands of dollars that the government can make you pay for under Measure 49 before you can get your right to do anything on your property.

When you take the time to read Measure 49, you realize that Measure 49 simply doesn't work.

Please vote NO on Measure 49

Eric Winters, Attorney at Law, Wilsonville

(This information furnished by Eric C. Winters, Attorney at Law.)


Argument in Opposition

ISSUE: WHY THE GOVERNMENT WILL NEVER PAY YOU
COMPENSATION FOR TAKING YOUR PROPERTY

Supporters of Measure 49 are making claims about Measure 49 that are simply false.

Supporters of Measure 49 claim that it entitles you to compensation when government takes your property, if you can prove the value of what they've taken.

The problem is that Measure 49 creates a formula that makes it impossible to prove how much the government has taken from you.

Read the text of Measure 49 and decide for yourself:

Section 7.(6) says:

"The reduction in the fair market value of the property caused by the enactment of one or more land use regulations that were the basis for the claim is equal to the decrease, if any, in the fair market value of the property from the date that is one year before the enactment of the land use regulation to the date that is one year after enactment, plus interest;" and,

"Interest shall be computed under this subsection using the average interest rate for a one-year United States Government Treasury Bill on December 31 of each year of the period between the date the land use regulation was enacted and the date the claim was filed, compounded annually on January 1 of each year of the period."

This formula won't work because one-year Treasury Bills haven't been sold since 2001. Second, by limiting the amount of decrease to a single year after its adoption the market won't have adjusted to reflect the regulation's long term impact.

Under Measure 49 your loss is limited to one year's decrease in value, even if you have owned the property for 30 years. But even that won't work because you can't calculate your loss.

In plain English, you get nothing.

When you take the time to read Measure 49, you realize that Measure 49 simply is not as advertised.

Vote NO on 49

Sean Smith, Attorney at Law, Cottage Grove

(This information furnished by Sean Smith, Attorney at Law.)


Argument in Opposition

ISSUE: MAKING PROPERTY OWNERS
RE-FILE THEIR MEASURE 37 APPLICATIONS

Supporters of Measure 49 are making claims about Measure 49 that are simply false.

Supporters of Measure 49 claim that current Measure 37 claimants will not have to re-file applications under Measure 49.

Read the text of Measure 49 and decide for yourself:

Section 8.(2)(b) of Measure 49 requires the Department of Land Conservation and Development to identify the information that a property owner has to file under Measure 49.

Section 8.(3) of Measure 49 explains that a property owner must file the form requirement by the Department of Land Conservation and Development, along with any information required by the form.

But the worst part is this. Not only do you have to re-file your claim, but Measure 49 significantly changes the rules that you must meet, meaning many Measure 37 claimants will lose their claim.

By requiring new information, and new filings, Measure 49 puts at risk the investments of thousands of Oregonians who have done nothing more than follow the law and played by the rules.

Despite what supporters of Measure 49 are claiming, the fact is that Oregonians are going to have to go through an application process yet again if Measure 49 passes.

When you take the time to read Measure 49, you realize that Measure 49 simply doesn't work.

Please vote NO on Measure 49

Cameron Krauss, Attorney at Law, Glendale

(This information furnished by Cameron Krauss, Attorney at Law.)


Argument in Opposition

ISSUE: WHY THE "1 TO 3 HOME EXPRESS LANE" DOESN'T WORK

Supporters of Measure 49 are making claims about Measure 49 that are simply false.

Supporters of Measure 49 who drafted the Explanatory Statement for Measure 49 say "Claimants may build up to three homes if allowed when they acquired their properties."

Read the text of Measure 49 and decide for yourself:

Under Measure 49, there are different requirements for the "1 to 3 home option" depending on where you live.

If you live outside a UGB, Section 6(6) of Measure 49 says that in order to get 1 to 3 homes you must prove 6 things, including:

(d) One or more land use regulations prohibit establishing the lot, parcel or dwelling;

Under Measure 49, in order to get 1 to 3 homes, you must have 1) already filed a Measure 37 claim, and 2) prove there is one or more land use regulations that prohibit establishing the lot, parcel or dwelling.

That is a much tougher standard than current law, which requires you to show that a land use regulation "restricts" the use of you property.

The distinction is critical because most rural families are prevented from building one home on their property by a restriction, like LCDC's $80,000 rule or a wildlife habitat overlay.

These are examples of restrictions - they don't stop you from building, they tell you under what conditions you can build. These restrictions have led to most Measure 37 claims.

There are many other laws out there that are restrictions, not prohibitions, on your ability to use your land. Those laws are NOT subject to Measure 49.

Which means that if at the time you bought your property you could have built three homes, but you can't build three homes now because of a land use restriction, Measure 49 wipes out your claim.

Take the time to read Measure 49. It simply doesn't work.

Dave Hunnicutt, Attorney at Law, Tigard

(This information furnished by David J. Hunnicutt, Attorney at Law.)


Argument in Opposition

Do you need more information about Measure 49?

Go to www.stoptakingourproperty.com and you can find out what Measure 49's supporters aren't telling you.

You can also read the text of Measure 49 for yourself, and hear what experts say about Measure 49 and what changes it makes to Oregon law using the exact language of the measure.

The exact language of Measure 49 is important, because it's the language of Measure 49 that judges and lawyers are required to follow if they are asked to sort out the mess that Measure 49 would create.

www.stop49.com

MEASURE 49 - A WOLF IN SHEEP'S CLOTHING

(This information furnished by David J. Hunnicutt, Director, Stop Taking Our Property PAC.)


Argument in Opposition

PLEASE VOTE NO ON MEASURE 49

"IF WE CAN STACK PEOPLE UP IN TOWN AND PUT THEM IN A FOOD LINE WE WILL HAVE COMPLETE CONTROL,." These were the words of a head land use planner in Polk County about 30 years ago. I have seen nothing contrary to that statement in 30 years. The agenda is to limit housing growth to the designated urban areas, and restrict rural housing to a minimum.

In 1973, passage of Senate Bill 100 initiated that process for Oregon. To preserve beautiful Oregon, "PLANNING" (land control) was initiated. Property rights were sacrificed without compensation to the landowner for loss of use or value.

Enron people have gone to jail for manipulating values of people's investments in stocks. "PLANNING" has caused a manipulated loss of value for owners of rural land in this State since 1973 without compensation to the owner.

M-49

  1. Land applications will be made to the State, rather than to the counties in which the land and usually the owner exists (state control rather than local control.)


  2. One to three parcels will be hard to get and the State will designate where the parcels will be. They will contain a maximum of two acres, clustered together to make a mini-town, at a State designated spot on the property.


  3. There is no time limit as to when the parcels will be approved by the State.


  4. If there is an appeal, which can be brought by anyone, the applicant will be required to pay the government appraiser and attorney plus his own representation with no allowance for collection of those funds, even if the applicant prevails.


  5. Vested use is mentioned several times but never defined, nor has it been for 30 years.


  6. The legislature has completely disregarded the voice of the people in the Oregon Supreme Court upheld law of M-37 and the initiative process enacted by her citizen's.

VOTE NO ON M-49.

(This information furnished by Vern Ratzlaff.)

 

 

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