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Oregon Supreme Court invalidates Measure 7
and overturns will of people

In a disappointing but not unsurprising decision, the Oregon Supreme Court struck down Ballot Measure 7, Oregon’s landmark property rights compensation measure. The Court’s ruling is a further blow to Oregon’s initiative system and to voters rights.

Measure 7, which was approved by Oregon voters in November, 2000, required state and local governments to provide compensation to landowners whose property was devalued as a result of changes to state or local land use laws. Current Oregon law allows state and local governments to adopt regulations which destroy nearly all value of private property, so long as the regulations do not destroy all of the property’s value.

The Oregon Supreme Court invalidated Measure 7 on the ground that it made two changes to the Oregon Constitution that were not "closely related." After a series of ballot measures were passed which amended the Oregon Constitution to limit the size of government and provide relief to crime victims, the Oregon Supreme Court stepped in and decided that the Oregon Constitution did not allow voters to vote on more than one constitutional amendment in one ballot measure. Measure 7 became a victim of the Court’s recent rulings.

According to the Court, Measure 7 made two changes to the Oregon Constitution. First, Measure 7 lowered the compensation threshold, so that landowners would not have to lose all value of their property in order to receive compensation. Second, the Court held that Measure 7 also affected the free speech provisions of the Oregon Constitution, as Measure 7 did not require compensation for owners of pornography stores whose property was devalued as a result of regulations targeted at their operations.

"I guess the Oregon Supreme Court believes that porn store owners are on an equal footing with little old widows whose property is stolen from them," said Larry George, Executive Director of Oregonians In Action. "This is a sad day for us all."

Although the Court pointed out that Measure 7 did not in any way regulate the siting or operation of adult businesses, the Court held that if voters wanted to compensate landowners, they must compensate all landowners, including porn shop owners.

"We never set out to regulate porn shop owners in any way," said George. "But the environmentalists defeated a measure in Washington that was similar to Measure 7 by arguing that if Washington voters approved their takings measure, they would have to pay porn shop owners whose property was regulated. We wanted to take that argument away from them."

The Court’s ruling did not come as a surprise to the supporters of Measure 7. "The Oregon Supreme Court is a typical, liberal activist court," continued George. "They claim to care about the rights of the individual, but they’re only interested in protecting the rights of certain individuals. Unfortunately, the Court doesn’t seem to care about the right of landowners to use their land, unless those landowners happen to own a porn shop."

Although the Court invalidated Measure 7, Oregonians In Action will ask the Oregon Legislature to refer a compensation measure to the voters for approval in the November, 2004 election. In the meantime, OIA will prepare an initiative petition for the November, 2004 election, and will ask voters to once again approve a compensation measure.

"As Measure 7 proved, the Oregon voters understand that it is unfair for state and local governments to pass laws which destroy land values without providing the landowner any relief," said George. I think almost everyone can visualize how they would feel if the value of their home was reduced to almost nothing, not as a result of the change in the real estate market, but as a result of a change in the law. If private property isn’t protected, our whole economy is in danger."

Still no word on Measure 7 Lawsuit
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Measure 7 litigation moves to Oregon Supreme Court
Legislature gives up on Measure 7
OIA defends Measure 7 in courts, State Capitol
Measure 7: The peoples response to gov't shenanigans
Passage Of Measure 7 Plugs An Unfair Loophole --
Critisims mount over Measure 7 judge


Text of Measure 7