Measure 49 Fixes Measure 37

The Oregonian: Measure 37 Maps Elicit Shock Among Residents

Response - Officials say the public is often unaware of the land-use effects of the measure

Most Clackamas County residents are uninformed about Oregon's Measure 37 property rights law and had a "shock-and-awe" experience when they discovered the scale of claims around the county.

That's according to the county's analysis of hundreds of phone calls, e-mails and letters from people responding to a map detailing the Measure 37 claims affecting the county.

In February, officials sent the map to 182,000 county residents and businesses. The mailing costs, including printing and postage, totaled about $124,000, or about 68 cents a map.

"Most of the responses to the map were of a 'wow' nature, which essentially translated to a realization of the significance of the number, size and distribution of the claims," John Borge, principal planner of the Clackamas County Planning Division, wrote in a memo to the county commissioners.

"Almost all of the respondents were not well-informed about Measure 37 or the current land-use system," the memo added.

Measure 37, which passed statewide with a 61 percent yes vote in November 2004, allows for a waiver of land-use restrictions put in place after property owners acquired their land. Approval of a claim restores a property owner's right to develop land according to the rules in place at the time of purchase.

Clackamas County says it has received more than 1,000 Measure 37 claims, which are valued at $1.6 billion and scattered across the county. They cover an area that's between one-third and one-half the size of the city of Portland.

The response to the mailing shows that when county residents voted for Measure 37, they were unaware of the possible unintended consequences, said Martha Schrader, chairwoman of the Clackamas County Board of Commissioners.

The law could mean that people living in rural areas will have large developments sprouting up next door to them, resulting in clogged roads, falling water tables and greater costs to the county and its taxpayers as the county tries to extend services to distant places.

"Our best hope is that the Legislature can find a fair way to fix it," Schrader said.

Rather than rewriting the property rights law themselves, legislators plan to ask Oregon voters to dramatically scale back rural development.

People who responded to the map gave mixed reviews of Measure 37.

"I can't tell you how delighted I am to see that the county will be experiencing so much development in the next few years," says one letter to the county. "Besides restoring property rights to deserving property owners, it looks like the county will be benefiting from a great deal of increased property taxes in the future."

But another letter reads, "As it apparently stands, Measure 37 has given us as adjacent property owners no rights or options . . . to protect our investment or quality of life."

Peter Zuckerman: 503-294-5919; peterzuckerman@ news.oregonian.com

©2007 The Oregonian