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

Measure 49 - The Express Lane To Nowhere.......

One of the arguments that pro-49ers make in support of Measure 49 is that Measure 49 provides "[A] streamlined process". If Measure 49 represents a "streamlined process" to the pro-49 crowd, I would hate to see what they would consider to be a "slow process.

Under Measure 37 (2004), claimants were guaranteed a decision from the government within 180 days (that deadline was extended to 540 days for claims filed after November 1 of 2006).


But under Measure 49 there is no requirement that the government EVER make a decision on your Measure 49 claim.


First, in Section 4 of Measure 49, the 180-day guarantee of Measure 37 is repealed. So the only time-certain guarantee for property owners is repealed completely.

Then, in Section 8.(6) of Measure 49, says

(6) The department or county shall review claims as quickly as possible, consistent with careful review of the claim. The department shall report to the Joint Legislative Audit Committee on or before Measure 31, 2008, concerning the department's progress and the counties' progress in completing review of claims under sections 6 [the 1 to 3 home option] and 7 [the 4 to 10 home option] of this 2007 Act.

In other words, there is nothing in Measure 49 that requires the government to EVER make a decision on a Measure 49 claim! A county like Multnomah can simply sit on your Measure 49 claim, and claim that it is "reviewing your claim as quickly as possible, consistent with careful review of the claim."

Gee, think about it for a moment. The folks at Multnomah County, two members of the Clackamas County Commission, and the Department of Land Conservation and Development (just to name a few) hate property owners and property rights. They are going to take as long as they can, and delay...delay...delay.

But lets assume that a county (say, Jackson County) reaches a decision on a Measure 49 claim in 180 days. There is another problem with Measure 49. You see, Measure 49 allows ANYONE who submits a comment on a Measure 49 claim has standing to sue in state court. You can bet that any county that issues a decision in a timely manner is going to be sued by one of your "friends" here in Oregon, claiming that the government hasn't considered the challenged Measure 49 claim "consistent with careful review...."

The fact is there is no streamlined process in Measure 49. Quite the opposite. There is nothing in Measure 49 that requires the government to EVER make a decision on your Measure 49 claim.

That isn't an express lane, it is a road to nowhere.

If you are a surviving spouse, look out, Measure 49 will get ya!

Supporters of Measure 49 claim that Measure 49 will “extend” benefits to surviving spouses.

Read the text of Measure 49 and decide for yourself:

Section 21.(2) of Measure 49 says:

(2) if the claimant is the surviving spouse of a person who was the owner of the property in fee title, the claimant’s acquisition date is the date the claimant was married to the deceased spouse of the date the spouse acquired the property, whichever is later

This hypothetical will help you understand how Measure 49 works.

Suppose Husband purchases property in 1960. In 1970, Husband marries Wife and Wife moves onto the property with Husband. In 1980, Husband adds Wife’s name to the deed to the property. In 1990, Husband dies. On January 3, 2008, Wife makes a claim for compensation.

Under current law, because Wife moved onto the property in 1970, she became an “owner”, which means the rights she is entitled to are the rights on the property in 1970.

Wife was married in 1970, but acquired the interest in the property in 1980. Which means Wife gets the rights to develop the property that were on the property in 1980. This is a big difference, because in 1973 many property owners lost their rights when the state of Oregon adopted a centralized statewide land use planning system.

Measure 49 actually hurts surviving spouses, it does not help them.

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

The No on Measure 49 Website is Up!

Well, this is good news. The No on Measure 49 website is up and running. I think it looks great, and the tag line really captures what is wrong with Measure 49 - the tricks and traps that make Measure 49 nothing more than pie in the sky for Oregonians.

Now go over to the No on Measure 49 website (aka stop49.com) and sign up to volunteer to stop this horrible measure!

Don't forget to go over to NWRepublican for more information on Measure 49!