He is not a farmer. He is an insurance agent. He owns his own insurance company called Day & Associates located in Sherwood, Oregon. He lives out in the country, enjoys the country lifestyle and culture, apparently wants his daughters to be able to live out in the country.
He moved out into the country in 1986. He wants to divide a couple of lots off his property, maybe give them to his daughters, maybe sell them for his retirement. His neighbor, whom he now complains about, has lived on his property since 1962, and wants to sell his property for his reitrement. But Dick Day doesn't want that to happen. This is the face of a NIMBY.
Anyway, Dick Day is also a Measure 37 claimant and he supports Measure 49. In the July 12th, 2007 edition of the Portland Business Journal, Dick Day claims that Measure 49 won't affect his claim.
Good for him. As long as he isn't hurt, that must be all that matters.
Anyway, Dick Day is also a Measure 37 claimant and he supports Measure 49. In the July 12th, 2007 edition of the Portland Business Journal, Dick Day claims that Measure 49 won't affect his claim.
Good for him. As long as he isn't hurt, that must be all that matters.
Typical.
Ah, but Mr. Day, Measure 49 will affect your Measure 37 claim. Somebody at the pro-49 campaign lied to you. Which shouldn't come as a surprise to anyone else, after all, the entire "yes on 49" campaign strategy is to lie to the voters and hope no one figures it all out.
You see, according to the claim and staff report from Yamhill County, it is the state's farm income test that is preventing Dick Day from, as he puts it, dividing a couple of parcels off his property so his daughters could live on the property, or perhaps he could sell the parcels for his retirement.
Mr. Day, what they didn't tell you at pro-49 HQ is that in order for you to get your 2 homes for YOUR kids, you have to show that there is a law that prohibits residential development of your property. Like we said when we started this blog, we would cite to the actual language of Measure 49 to back up our arguments, so here is the applicable language:
Ah, but Mr. Day, Measure 49 will affect your Measure 37 claim. Somebody at the pro-49 campaign lied to you. Which shouldn't come as a surprise to anyone else, after all, the entire "yes on 49" campaign strategy is to lie to the voters and hope no one figures it all out.
You see, according to the claim and staff report from Yamhill County, it is the state's farm income test that is preventing Dick Day from, as he puts it, dividing a couple of parcels off his property so his daughters could live on the property, or perhaps he could sell the parcels for his retirement.
Mr. Day, what they didn't tell you at pro-49 HQ is that in order for you to get your 2 homes for YOUR kids, you have to show that there is a law that prohibits residential development of your property. Like we said when we started this blog, we would cite to the actual language of Measure 49 to back up our arguments, so here is the applicable language:
Section 6.(6) of Measure 49 states that a person who
wants to build three homes must show:(a) The claimant is an owner of the property;
(b) All owners of the property have consented in writing to the claim ;
(c) The property is located entirely outside any urban growth boundary and entirely
outside the boundaries of any city;
(d) One or more land use regulations prohibit establishing the lot, parcel or dwelling;
(e) The establishment of the lot, parcel or dwelling is not prohibited by a land use regulation described in ORS 197.352; and
(f) On the claimant’s acquisition date, the claimant lawfully was permitted to establish at least the number of lots, parcels or dwellings on the property that are authorized under this section.
Well guess what, the state's farm income test does not prohibit residential development! It is a restriction on development. See DLCD v. Polk County, 32 Or. LUBA 16 (1996)(holding that the farm income test (which is an adminsitrative rule) cannot prohibit development, otherwise the test would violate Oregon statute).
That means that Mr. Day will not get the two homes he wants for his daughters (or his retirement) if Measure 49 passes because the law that is preventing Dick Day from dividing his property does not prohibit residential development, it is merely a restriction on development, which does not trigger the "1 to 3 home" option under Measure 49.
That means that Mr. Day will not get the two homes he wants for his daughters (or his retirement) if Measure 49 passes because the law that is preventing Dick Day from dividing his property does not prohibit residential development, it is merely a restriction on development, which does not trigger the "1 to 3 home" option under Measure 49.
Somebody at pro-49 HQ has some explaining to do. Either they lied to Dick Day and told him Measure 49 wouldn't affect his claim (which is all Dick Day is concerned about), or Dick Day and the pro-49 crowd don't understand how Measure 49 will affect Oregonians.
My guess is the former. Given that the entire pro-49 Campaign is based on deceiving the voters. And it looks like Dick Day was that campaign's first victim.
