Friday, November 04, 2005

Entering the property rights fray

A Marion County judge in my favorite home state ruled recently that citizens cannot tie the hands of the state legislature.

It started with a measure (Measure 37) that requires state and local governments either to waive the regulations or pay landowners if the landowners can establish that a state or local regulation diminishes the value of their property. In effect, it rolls back zoning and state environmental standards.

I saw the appeal, but I think it takes a simple approach to a complex problem, so I voted against it. Nevertheless, it passed, and if constitutional, it is the law in Oregon. It's a multi-faceted decision with a variety of implications, and I am glad I do not have to puzzle it through by myself.

I will be eager to see what the Oregon Supreme Court does with it.

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