Wednesday, October 3, 2007

Measure 49 - Paying the School Yard Bully to Get Your Lunch Back

The deceptive ballot title for Measure 49 claims the measure "clarifies" the current law (Measure 37). However, Measure 49 does a lot more than just "clarify" the existing law, it repeals important protections FOR property owners, that exist in the current law. I heard one speaker use this analogy (which I think fits...) "Measure 49 forces you to pay to get your rights back. It's like forcing you to pay the school yard bully to get your lunch back!"

No supporter of Measure 49 will tell you about the fact that Measure 49 repeals the attorney fee provisions under the current law, which says that if you have to go to court to get your rights back, and you win, you get your reasonable attorneys fees. These types of attorney fee provisions are common in the law, especially laws designed to protect civil rights.

Why? Because typically civil rights litigants - like most property owners - don't have thousands of dollars to spend on lawyers. Recognizing they are fighting for rights that are lawfully theirs, the law awards attorneys fees to citizens who had to take the government to court in order to protect their rights.

But Measure 49 makes this significant change. And you won't read about that in the ballot title or the explanatory statement. Gee....I wonder why?

But its gets worse.

Under Measure 49, the government can (which means it will) charge you for the cost of ITS attorneys! Section 8 and Section 13 of Measure 49 authorize the government to charge you a fee and charge you for the costs of reviewing your claim!

This is the likely scenario under Measure 49: A property owner makes a claim with the County. The County charges the property owner a fee (probably around $1500, higher in some counties, lower in others). The County reviews the claim, denies the claim, and charges the property owner the costs of reviewing the claim. The Property Owner goes to court, pays HER attorneys fees, wins, gets her rights back, and could be on the hook for the COUNTY'S attorney fees again - EVEN THOUGH SHE WON! (remember, Measure 49 authorizes the county to charge her for the actual costs in reviewing the claim, which you know every county is going to argue includes defending the county's position in court).

Again, you won't read about this aspect of Measure 49 in the ballot title or the explanatory statement either.....I wonder why?

Take the time to read Measure 49. Do not rely upon the deceptive Ballot Title or Explanatory Statement because they don't paint the whole horrible picture that is Measure 49.
For more information, go to and then volunteer to help defeat this awful measure.


Anonymous said...

It never ceases to amaze me what the politicians in Salem are willing to do. Wow!

Why isn't any of this mentioned in the ballot title or explanatory statement? What are they hiding?

They are pathetic

Anonymous said...

Amazing. Its not enough that I pay taxes? Really, if this continues I will just leave Oregon. Sell my home (the family has lived there since 1870), pack up my kids and go to another state where they are not communists.

BatmanTempest said...

Notice how you don't talk about the "flaws of 49." You merely talk about court fees, as if they were free everywhere else.

Do you think going to court over a rejected 37 claim would be any cheaper?

The 49 opponents rely continuously show that there is little in their arguments other than fear mongering.

Why don't you pick specific issues that are wrong with 49 and address them?

In fact, why not make a laundry list of each one of the specific problems with 49?

I think it would be interesting to see how they stack up.

Vote Yes on 49 to keep Oregon Farm Land from being subdivided into a Orange County clone.

Vote Yes on 49 to maintain control of the UGB and to limit sprawl from happening in our Exclusive Farm Use land.

Vote Yes on 49 to preserve our limited forest land and limited ground water land.

Why not stick to the real issues instead of focusing on lawyer fees? This is an argument about our forest and farm land... not about lawyers.

jonno said...

I've been following this fact- and coherence-free blog since the first post Mr Tempest, you have a stronger stomach for opposing this mindless claptrap than I do, and for this I salute you.

To all those who oppose 49, I suggest you spend a year living in places like Orange County or Riverside, CA. Or Atlanta, Phoenix, Denver -- then come back up here and tell yourself, honestly, that life will be better once we get rid of all land-use restrictions in sight. Because that's what a No on 49 vote means.

Vote Yes on 49!

Anonymous said...

Its understandable why Measure 37 supporters (also known as Measure 49 opponents) would want to talk about lawyers' fees. Measure 37 lawyers are making a killing so far on Measure 37 claims, and would certainly continue to do so if this nefarious Measure 37 is not revised to provide a little sanity to the property rights debate in Oregon. Check out how the top five Measure 37 lawyers are handling about $300 million of the $15 billion in Measure 37 claims filed so far.

Peter Bray said...

Take a look at the anti-49 arguments in the voters pamphlet. See how many arguments against Measure 49 are from attorneys. Now ask yourself a question: do you think that those attorneys who are making a killing by filing Measure 37 claims want the good times to end? Of course not.

Measure 49 will reduce litigation, will restore community and property rights (such as transferability, which is totally missing from M37), and will protect farms and forests.

BatmanTempest said...

Yeah! You tell them Peter!

Anonymous said...

"bray" - the sound a jackass makes.

BatmanTempest said...

Wow, that's really convincing. I think I'll vote no on 49 after that.

Such wit, such masterful use of the English language. How convincing.

More hot air from the cowardly right.

Vote Yes on 49... Binky!

Anonymous said...

This stuff actually surprises you? You guys live in a Socialist state. The view of property rights in Oregon by many is not terribly far off with how it is viewed in Cuba.

BatmanTempest said...

for example?....

Please, I'm all ears. Or is this just another republican post that makes an empty statement thinking that by merely saying it makes it so?

I'm all ears, let us see you rationalize your statement, justify your wonderful thought process or even support your oh-so logical and righteous hypothesis.

Anonymous said...

You talkin' to me, you self-righteous liberal idiot?

In Cuba you are allowed to own a personal abode and some personal property, say a car and your broken down radio. Land? Forget about it. Can't own land.

Here, you people are moving to a point where folks cannot own land. If you live within the UGB, you get a POS house with no land for your kids. Luckily, I am not impacted by this, but far too many people are.

you guys want to preserve the farms for one reason and one reason only - to keep them from being developed all in the name of environmentalism. This allows you to force people to live in tight spaces like rats in a cage, never mind the fact that Oregon is the 10th largest state in the country, land-wise.

Oregon land-use laws are draconian and repressive, which is why people voted in M37 and it's predecessor. Oregon is filled with communists and socialists who want to dictate how everyone else lives. Of course, you idiots won't admit it, but you have no problem labeling and villifying anyone who disagrees with you. Well here is my non-Oregonian, transplanted message to you and people like you. F U. Got that? Bunch of mental midgets.

I know what is best for me and my family, not you farking idiots or your lackeys in office. Suck on that for awhile.

Ah, free speech. Censor that, dumbass. Try as you might to control people in this state, you will never actually control anyone. Guess you'll have to learn the hard way.

Anonymous said...

What is it with you people and Orange County? I moved up here from Orange County. Oregon will never be like Orange County. Whilee Orange County has it's problems like any other area with a dense population, it is not the disease you people make it out to be. You people remind me of those who sell cars and try to compare your models to BMWs. Why compare your model to the BMW? By doing that, you are telling me that the BMW must be good, so I should shop there. Same with Orange County. Your constant rants about OC tells me that you suffer from a serious inferiority complex and this how you make yourself feel better. Well, while you are worried about Orange County, I can assure you that no one in Orange County is worrying about your freak show little burg. Get over yourselves, peons.

BatmanTempest said...

My... Anonymous 8:20 you sure can get your panties in a wad. Do you always fly off the ranch dressing when someone asks you to merely back up your statement?... which you still haven't done. All vacuous rhetoric.

This isn't Cuba. Get over it. Don't be stupid with your analogies. Lest you forget... we can own land here so your lies are nothing but cowardice at most.

"Here, you people are moving to a point where folks cannot own land."
More lies. You conservative neocons consider any type of regulation to be Fascist at best... unless you have a vagina and you want an abortion or your gay and you want to marry another gay person, THEN it's time to bring down the hammer. Ha Haaa! God, don't make me laugh you goony birds.

"If you live within the UGB, you get a POS house with no land for your kids. "
Quit whining, exaggerating and lying you cry baby. And get a better job to support your family with. Now's the perfect time to go get a house. Heck, I think I'll get another one for my cats!

"you guys want to preserve the farms for one reason and one reason only - to keep them from being developed all in the name of environmentalism.
HEY! Them's fightin words. You know the "E" word's a fightin word... didnchya!? Nobody likes an environmentalist. Heck, we got plenty of forests and rivers and water and air... we dont need no stinking farms!

Is that what you're trying to say you coward? Ha Haa! "oooooh, watchout for the Environmentalists Virginia... they're gonna gitchya!!" "Boo" I think I'll dress up as one for halloween and go scare you whiney churchie neocons.

"Oregon is filled with communists and socialists who want to dictate how everyone else lives. "
No, we just don't want people like you here and we want our farms. Ask any farmer, last thing they want is their neighbor to go all urban on them. (they just want the right to do it on their own, not their neighbors. Called double standard Gomer.)

"you idiots won't admit it, but you have no problem labeling and villifying anyone who disagrees with you."
Yes, a tactic I've taken from republicans, eg. Larson.

"Well here is my non-Oregonian, transplanted message to you and people like you. F U. Got that? Bunch of mental midgets."

Like Fish in a barrel. Chimps is chimps.

Vote yes on 49 to save our farms, to limit urban sprawl, to preserve our limited ground water and forest land. It's that friggen simple folks.

OH.. Anonymous 1:03... We're not in love with Orange County, we just don't want to be like it. Packed in like rats (see hostile rant post above) with a bunch of Born agains. That's it.

Have a nice day.

Peter Bray said...

Measure 49 restores fairness, civility, and order to Oregon. Measure 37 has shown itself to be brutal to neighbors who have to wonder what might sprout up overnight next door: a gravel mine, a 100+ home subdivision, or what about a WalMart or stripmall.

Add to that that Measure 37 was all about meeting the needs of big business, not small claimants. Why else was the issue of waiver transferability left out of Measure 37: after all, big businesses can afford to develop themselves, while it leaves little claimants in the lurch.

Vote yes on Measure 49 to restore sanity to Oregon!

Anonymous said...

A person works 40 years, retires, and then the government take their land and doesn't even have to pay for it. That's fair. Funny how liberals love government to be able to control people. That's what it is. Control. Vote NO on 49.

BatmanTempest said...

A person wants to live on there farm for 40 years, plant corn, maybe grow some grapes, enjoy the scenery… then their neighbor decides to sell to a developer just so they can plant subdivisions instead of strawberries? Maybe make a bundle out of the deal.

Then the “farmer” moves out of the county, out of the state and all our Oregon green is gone? Sounds like conservatives doing more of the same, “I got mine, sucks to be you.”

That’s really what it comes down to. You and your money. Screw everyone else. Right? Have fun in your mobile home liar. The government doesn’t take your land. You still own it.