Court Rules Measure 37 Unfair, Unconstitutional, and Invalid

Judge James concluded that the law is unconstitutional because it grants special privileges and immunities, impairs the legislative body's plenary power, suspends laws, and violates the separation of powers. In addition, Judge James ruled that the law violates substantive and procedural due process guaranteed by the United States Constitution.

The law -- passed as Measure 37 on the November 2004 ballot -- requires that state and local governments either compensate land owners when regulations lower property values or waive the rules.

The litigation was brought by 1000 Friends of Oregon, Senator Hector MacPherson (who was an original sponsor of SB100 in 1973) and other landowners and farmers. The State of Oregon defended the measure, as it is now state law. The plaintiffs had argued that Measure 37 was unconstitutional because the measure: (1) curtails the state's ability to protect the health and welfare of Oregonians, (2) grants privileges to a select class of landowners and (3) violates separation of powers by giving the legislature the authority to enforce the law, a power that is restricted to the executive branch of government.

An appeal to the Oregon Court of Appeals and eventually to the Oregon Supreme Court was expected no matter which way the trial court ruled.

For more information: www.friends.org
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