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Agenda Packet 9-24-18 Meeting
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Agenda Packet 9-24-18 Meeting
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Please vote NO on Measure 49 <br />Cameron Krauss, Attorney at Law, Glendale <br />(This information furnished by Cameron Krauss, Attorney at Law.) <br />This space purchased for $500 in accordance with ORS 251.255. <br />The printing of this argument does not constitute an endorsement by the <br />State of Oregon, nor does the state warrant the accuracy or truth of any <br />statement made in the argument. <br />Argument in Opposition <br />ISSUE: WHY THE “1 TO 3 HOME EXPRESS LANE” <br />DOESN’T WORK <br />Supporters of Measure 49 are making claims about Measure 49 <br />that are simply false. <br />Supporters of Measure 49 who drafted the Explanatory <br />Statement for Measure 49 say “Claimants may build up to three <br />homes if allowed when they acquired their properties.” <br />Read the text of Measure 49 and decide for yourself: <br />Under Measure 49, there are different requirements for the <br />“1 to 3 home option” depending on where you live. <br />If you live outside a UGB, Section 6(6) of Measure 49 says that <br />in order to get 1 to 3 homes you must prove 6 things, including: <br />(d) One or more land use regulations prohibit establishing <br />the lot, parcel or dwelling; <br />Under Measure 49, in order to get 1 to 3 homes, you must have <br />1) already filed a Measure 37 claim, and 2) prove there is one <br />or more land use regulations that prohibit establishing the lot, <br />parcel or dwelling. <br />That is a much tougher standard than current law, which <br />requires you to show that a land use regulation “restricts” <br />the use of you property. <br />The distinction is critical because most rural families are <br />prevented from building one home on their property by a <br />restriction,like LCDC’s $80,000 rule or a wildlife habitat <br />overlay. <br />These are examples of restrictions – they don’t stop you from <br />building, they tell you under what conditions you can build. <br />These restrictions have led to most Measure 37 claims. <br />There are many other laws out there that are restrictions, not <br />prohibitions, on your ability to use your land. Those laws are <br />NOT subject to Measure 49. <br />Which means that if at the time you bought your <br />property you could have built three homes, but you <br />can’t build three homes now because of a land use <br />restriction, Measure 49 wipes out your claim. <br />Take the time to read Measure 49. It simply doesn’t work. <br />Dave Hunnicutt, Attorney at Law, Tigard <br />(This information furnished by David J. Hunnicutt, Attorney at Law.) <br />This space purchased for $500 in accordance with ORS 251.255. <br />The printing of this argument does not constitute an endorsement by the <br />State of Oregon, nor does the state warrant the accuracy or truth of any <br />statement made in the argument. <br />Argument in Opposition <br />Do you need more information about Measure 49? <br />Go to www.stoptakingourproperty.com and you can find <br />out what Measure 49’s supporters aren’t telling you. <br />You can also read the text of Measure 49 for yourself, and hear <br />what experts say about Measure 49 and what changes it makes <br />to Oregon law using the exact language of the measure. <br />The exact language of Measure 49 is important, because it’s the <br />language of Measure 49 that judges and lawyers are required to <br />follow if they are asked to sort out the mess that Measure 49 <br />would create. <br />www.stop49.com <br />MEASURE 49 – A WOLF IN SHEEP’S CLOTHING <br />(This information furnished by David J. Hunnicutt, Director, Stop Taking <br />Our Property PAC.) <br />This space purchased for $500 in accordance with ORS 251.255. <br />The printing of this argument does not constitute an endorsement by the <br />State of Oregon, nor does the state warrant the accuracy or truth of any <br />statement made in the argument. <br />Argument in Opposition <br />PLEASE VOTE NO ON MEASURE 49 <br />“IF WE CAN STACK PEOPLE UP IN TOWN AND PUT THEM <br />IN A FOOD LINE WE WILL HAVE COMPLETE CONTROL,.” <br />These were the words of a head land use planner in Polk County <br />about 30 years ago. I have seen nothing contrary to that <br />statement in 30 years. The agenda is to limit housing growth to <br />the designated urban areas, and restrict rural housing to a <br />minimum. <br />In 1973, passage of Senate Bill 100 initiated that process for <br />Oregon. To preserve beautiful Oregon, “PLANNING” (land <br />control) was initiated. Property rights were sacrificed without <br />compensation to the landowner for loss of use or value. <br />Enron people have gone to jail for manipulating values of <br />people’s investments in stocks. “PLANNING” has caused a <br />manipulated loss of value for owners of rural land in this State <br />since 1973 without compensation to the owner. <br />M-49 <br />1. Land applications will be made to the State, rather than to <br />the counties in which the land and usually the owner exists <br />(state control rather than local control.) <br />2. One to three parcels will be hard to get and the State will <br />designate where the parcels will be. They will contain a <br />maximum of two acres, clustered together to make a <br />mini-town, at a State designated spot on the property. <br />3. There is no time limit as to when the parcels will be approved <br />by the State. <br />4. If there is an appeal, which can be brought by anyone, the <br />applicant will be required to pay the government appraiser and <br />attorney plus his own representation with no allowance for <br />collection of those funds, even if the applicant prevails. <br />5. Vested use is mentioned several times but never defined, <br />nor has it been for 30 years. <br />6. The legislature has completely disregarded the voice of the <br />people in the Oregon Supreme Court upheld law of M-37 and <br />the initiative process enacted by her citizen’s. <br />VOTE NO ON M-49. <br />(This information furnished by Vern Ratzlaff.) <br />This space purchased for $500 in accordance with ORS 251.255. <br />The printing of this argument does not constitute an endorsement by the <br />State of Oregon, nor does the state warrant the accuracy or truth of any <br />statement made in the argument. <br />Measure 49 Arguments <br />Official 2007 November Special Election Voters’ Pamphlet <br />62 | State Measures September 24, 2018, Meeting - Item 3
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