NYT: Property Rights Law May Alter Oregon Landscape [View All]

[DeepModem Mom]

Property Rights Law May Alter Oregon Landscape
By FELICITY BARRINGER

Published: November 26, 2004


PORTLAND, Ore., Nov. 20 - Over the past three decades, Oregon has earned a reputation for having the most restrictive land-use rules in the nation. Housing was grouped in and near the cities, while vast parcels of farmland and forests were untouched by so much as a suburban cul-de-sac.

Environmentalists and advocates for "smart growth" cheered the ever-growing list of rules as visionary, while some landowners, timber companies and political allies cried foul.

But in a matter of days, the landowners will get a chance to turn the tables. Under a ballot measure approved on Nov. 2, property owners who can prove that environmental or zoning rules have hurt their investments can force the government to compensate them for the losses - or get an exemption from the rules.

Supporters of the measure, which passed 60 percent to 40 percent, call it a landmark in a 30-year battle over property rights....

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Both sides expect the measure to survive judicial scrutiny, and the state and local governments are to start fielding claims on Dec. 2. If claims are found to be valid and the government will not or cannot pay, it must instead waive any restrictions that went into force after the owners - or their parents or grandparents - acquired the land.

Some fear that the state will be unable to pay and that hillsides in the Cascades now bristling with fir trees and pear orchards could sprout a crop of McMansions, Wal-Marts or resort condominiums in a few years....


http://www.nytimes.com/2004/11/26/national/26property.html?hp&ex=1101445200&en=05090a0a2879e31f&ei=5094&partner=homepage