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 http://www.stop49.com/ and then volunteer to help defeat this awful measure.
