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Argument in Opposition As a former Mayor and land use hearings officer I understand the frustration many citizens have with overbearing land use regulations and the Department of Land Conservation and Development. I did not vote for Measure 37 but represent some Measure 37 claimants. In doing so, I have been appalled at how poorly citizens have been treated by the State (DLCD). I believe DLCD has deliberately violated the law and put elderly ordinary citizens, in a position where they have to sue the State in court for relief. Last May, DLCD, in collusion with a small number of legislators, concocted Measure 49 behind closed doors. They are now asking the voters to pass a measure that is flawed and will not work. Measure 49 designates as high value farmland most properties in Central Oregon even though there are no water rights on the land or soils to support agricultural activity. Sagebrush and juniper as high value farmland? Nonsense! Measure 49 penalizes innocent citizens who, in reliance on Measure 37 waivers, spent their hard earned resources to file land use applications. Measure 49 does not grandfather those persons in as has been done in the past. Instead, your fellow citizens will lose not only their rights but also their hard earned savings. There is a better approach. The State can reform our land use system by allowing a certain level of rural development on lands that do not have high value for agricultural or forest uses or are in sensitive environmental areas. The State has rejected innovative measures and believes that the overbearing regulations that were the cause of Measure 7 and Measure 37 must stand. Do not be deceived. If Measure 49 passes, there will be no incentive for the State to initiate reform. Vote No on Measure 49 and force the State to initiate meaningful reform in our land use system. Edward Fitch, Attorney at Law, Redmond (This information furnished by Edward Fitch, Attorney at Law.) This space purchased for $500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. Argument in Opposition ISSUE: COMPENSATION If Measure 49 passes, government can take your home and property without compensation. Why? Because if Government takes your property, and you ask for it back, Measure 49 requires you to pay for two appraisals of the property. Section 12(2). Your appraiser is required to determine the fair market value that’s been taken from you using an interest rate for a one-year Treasury Bill. Section 12(2). Unfortunately, one-year Treasury Bills haven’t been sold since 2001! That means your appraiser can’t calculate the value of your property that has been taken. Measure 49 makes it impossible to prove your case! That’s just the beginning.Measure 49 allows the government to charge you a “fee” to “review your claim.” Section 13(3). That “fee” will include charges for the government’s appraisers to review your claim, the government’s lawyers to review your claim, the government’s planners to process your claim, and the government’s hearings officer to conduct a public hearing on your claim. And all this because you dared to ask for your property back! But that’s not all.If government takes your property, and you file a claim to get it back, you will have to endure at least one government hearing on your claim, where anyone can show up and oppose you. Section 14(1). If the government decides to give you your property back, anyone who appeared at the public hearing (even if they just sent an e-mail) can sue you in the local court! Section 16(1). It gets even worse.Even if you win, and the government gives you your property back, you will still have to pay your attorneys and appraisers and the government’s attorneys and appraisers. Why? Because Measure 49 changes Oregon law to eliminate your right to recover your costs to get your property back! Section 4. The point is simple. Nobody will have any protection for their home and property if Measure 49 passes. Dale Riddle, Attorney at Law, Eugene (This information furnished by Dale Riddle, Attorney at Law.) This space purchased for $500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. Argument in Opposition ISSUE: WHY WAIVERS AREN’T TRANSFERABLE UNDER MEASURE 49 Supporters of Measure 49 are making claims about Measure 49 that are simply false. Supporters of Measure 49 claim that Measure 49 makes “waivers” transferable Read the text of Measure 49 and decide for yourself: For Measure 49 claims made before June 28th, 2007, Section 11.(6) says: (6) An authorization to partition or subdivide the property, or to establish dwellings on the property, granted under section 6, 7 or 9 of the 2007 Act runs with the property and may be either transferred with the property or encumbered by another person without affecting the authorization. Nowhere in this section does it say “Waivers are transferable”. The term “waiver” is specially defined in Measure 49 in Section 2.(21). If the Legislature meant for “waivers” to be transferable, the Legislature would have said so. Instead, this section says that “authorizations” (i.e. permits) are transferable. Permits are transferable under current law. Measure 49 does not change the current law to allow for “transferability of waivers”. For Measure 49 claims made after June 28th, 2007, Section 12.(6) of Measure 49 says (6) A use authorized by this section has the legal status of a lawful nonconforming use in the same manner as provided by ORS 215.130…..When a use authorized by this section is lawfully established, the use may be continued lawfully in the same manner as provided by ORS 215.130. What this means is that property owners who file a Measure 49 claim after June 28, 2007, must establish the use of the property (i.e. build the house) before the property can be sold. This is exactly what supporters of Measure 49 say is the status of the current law. Measure 49 does not change the current law, which means Measure 49 does nothing to change transferability. When you take the time to read Measure 49, you realize that Measure 49 simply doesn’t work. Measure 49 Arguments Official 2007 November Special Election Voters’ Pamphlet 60 | State Measures continued September 24, 2018, Meeting - Item 3