Measure 49 Fixes Measure 37

The Haffners Hurry to Begin Construction Before It's Too Late

Wesley and Juanita Haffner were among the first to file a claim after the passage of Measure 37 in 2004. For 14 months, the claim was held-up by paperwork, the county's waiver-approval process and legal challenges. The wait ended Tuesday, when a Lane County Circuit Court judge ordered the county to issue the final permit. For the Haffners, the decision couldn't have come sooner- Measure 49 would limit the number of houses they could build on the property. But with the okay from the county, the Haffners rushed to begin construction on their 178 acres southwest of Eugene, off Gimpl Road.  Before Measure 37 passed in 2004, land-use laws did not allow a subdivision on the Haffner's property.  According to the Register-Guard, the Haffner's Measure 37 claim demanded compensation of $4.2 million or permission to create 1-acre lots, with a dwelling to be built on each.

If Measure 49 passes in November, it will not be implemented until the next month. The Haffners are rushing to get construction crews working because, according to a common-law concept known as "vesting rights," if they have made significant headway in their plans, the county or state cannot stop them from continuing. However,the line drawn by the "vesting rights" concept remains vague; most agree that in order for the law to apply, the claimant must make significant progress - i.e.the building of roads, sewer, water and septic systems, and/or foundations - in order to be protected under the vesting rights statute.

Of the 393 Measure 37 claims in Lane County affecting about 34,000 acres, 326 were awarded development waivers from the county.