Saturday, September 8, 2007

Oregon's Ballot Measure 49 - Nov. 6, 2007.

Our first blog. It might as well be as close to home as possible. Oregon voters go to the polls November 6th! That's a Tuesday. Two of the top Ballot Measures that are coming up are:

  • Ballot Measure #49;
  • and Ballot Measure #50.;

Ballot Measure 49: CLARIFIES RIGHT TO BUILD HOMES; LIMITS LARGE DEVELOPMENTS; PROTECTS FARMS, FORESTS, GROUNDWATER.

A "YES" VOTE: modifies Measure 37 (2004);
  • Clarifies private landowners' rights to build homes;
  • Extends rights to surviving spouses;
  • Limits large developments;
  • Protects farmlands, forestlands and groundwater supplies.
A "NO" VOTE: Leaves Measure 37 unchanged;
  • Allows claims to develop large subdivisions, commercial, industrial projects on lands now reserved for residential, farm and forest uses.
In a nut shell, this is what 49 is about.
Back in 2004 ballot measure 37 passed which stated
(1) If a public entity enacts or enforces a new land use regu-lation or enforces a land use regulation enacted prior to the effective date of this amendment that restricts the use of private real property or any interest therein and has the effect of reducing the fair market value of the property, or any interest therein, then the owner of the property shall be paid just compensation.

(2) Just compensation shall be equal to the reduction in the fair market value of the affected property interest resulting from enactment or enforcement of the land use regulation as of the date the owner makes written demand for compensation under this act

So, people who live on EFU (Exclusive Farm Use) land want to build on it for various reasons. They might want to put up some houses for their kids, build a convenience store, put up some homes to sell for retirement. They might also want to build a strip mine next to a river, or a timber company might want to turn a farm into a multi housing subdivisions so it looks like parts of Beaverton.

Well, 37 was a measure that was to compensate farmers in the event that their property has had a reduction in fair market value due to a local governments restriction. If a property owner feels that their property has been decreased in fair market value, they get to submit a Claim to the county and state. The claim will be worth a certain dollar amount and will most likely be requesting to build something on the property. The state and county then decide to either pay the claimant or let them develop the land.

Unfortunately, there was not enough foresight when developing ballot measure 37 which resulted in not only legitimate claims for farmers to build some homes but spurious claims for the sake of milking the government as well as industrial claims for things such as:
  • A Strip Mine near Molalla River where Charles and Wanda Daugherty were approved a claim to build close to Teasal Creek, within a mile of the Molalla River.

  • A 281 Exclusive Farm Use Acreage that is a claim submitted by John Rosebrook which is intended to be "divide[ed] into maximum utilization" for multiple condensed housing complexes. Keep in mind, this claim is to build as many houses as possible on a zoned Exclusive Farm Use (EFU) land.

  • A 286 Acre Exclusive Farm Use land claim from Richard and Shirley Gingerich where they are expecting $25,282,787 from the tax payers simply because they feel that they can put up 286 one acre parcel home lots. Again, this is on Exclusive Farm Use (EFU) land.

  • Carl Fischer wants to turn 20 acres of forestland near Colton into a residential subdivision, RV park and rock quarry. This is on Exclusive Farm Use (EFU) land.

  • Avison Lumber Co. intends to develop over 930 acres into massive housing subdivisions on farm and forest land, EFU zoned land.

  • Terry Emmert is threatening a huge subdivision lot along the Clackamas River, intending to build more than 185 houses on Exclusive Farm Use land.

There are more than 7,500 claims for development covering over 750,000 acres of Oregon farm and forest land. Most of this land is protected and in areas that have limited groundwater for the families and wildlife that are already there. This sprawling development has a documented potential cost of $15 billion Oregon taxpayer dollars! Remember, this is the total number of dollars that are attached to the claims.

Commercial and industrial developments such as mines, strip malls and big-box stores like Wal-Mart are being pursued in completely inappropriate areas. There is currently limited farmland out there. Each year it is getting smaller and smaller.

What Measure 49 Does For Oregon
Measure 49 protects the property rights of small individual landowners by immediately allowing them up to 3 houses on their property, if the law allowed it when they bought their land.

Measure 49 will pass these same claimant rights, to build up to 3 houses, on to the surviving spouse - something that Measure 37 did not provide!

Measure 49 will also allow farmers to build up to 10 homes if they can document an equivalent financial loss to their property and the extra houses are not on prime farm or forest land and do not threaten water supplies.

Measure 49 will also protect the Exclusive Farm Use lands by keeping huge housing subdivisions, strip malls, strip mines and industrial developments out of our farm and forest lands.

Read up on Measure 49, which is to become House Bill 3540. Learn about what was wrong with 37 (2004) and remember to vote on November 6th, Tuesday!

Vote yes on 49. Save our farms from being developed.



=======================================

Ballot Measure 50: AMENDS CONSTITUTION: DEDICATES FUNDS TO PROVIDE HEALTHCARE FOR CHILDREN, FUND TOBACCO PREVENTION, THROUGH INCREASED TOBACCO TAX OF (84.5 CENTS/PACK).

This is pretty much a no-brainer. Put an 84.5 cent tax on packs of cigarettes and the money goes to kids. Pretty much only the right wing/Big Business agenda is against this measure. You can find out more here at HealthyKids-Oregon.org

51 comments:

Unknown said...

So is this what you aspire to be?

Another partisan hack. No depth, no perspective, no special opinion. Your not going carve out your own angle from which you analyze the world.

Just a voter pamphlet cliff notes. I hope your at least a paid staffer for work like this. At least someone could pay you not to think for yourself.

Come on. Give us a real reason why you support it. A vision for Oregon. A reason for government intervention. A perspective on what SB100 or 1000 Friends really means for preserving Oregon's agricultural heritage. Admit that M49 is a compromise with M37 and though you disagree even with M49 you consider it fair (being this is what Democrats I respect are saying).

Tell us the truth.

Your scared of rural Oregon developing its own economic base. You support M49 because its less change.

Your scared that Portland's smartgrowth will impload as people leave the city for cheaper houses and better jobs. Just like Clark County draws jobs out of Portland the rest of Oregon will see the same trend.

This isn't a blog post. It isn't what you think. Its what someone told you to think. Its the talking points from the Democrats running for reelection.

Your a little chimp. Look in the mirror chimpy chimp. Chimpy, chimp, chimp, chimp....

BatmanTempest said...

Dare!pdx - So is this what you aspire to be?

Another partisan hack. No depth, no perspective, no special opinion. Your not going carve out your own angle from which you analyze the world.

Just a voter pamphlet cliff notes. I hope your at least a paid staffer for work like this. At least someone could pay you not to think for yourself.

Since when do I need more than the facts to support a ballot measure? Unlike conservatives, neocons and republicans of all color… (excuse me, I guess that would just be one color) I don’t simply make stuff up and fling it around. I go to the source, read it, see what the monkeys say, read some more, type up some venom, spell check and then post like there’s no tomorrow! Who needs opinion when you have facts?

Come on. Give us a real reason why you support it. A vision for Oregon. A reason for government intervention. A perspective on what SB100 or 1000 Friends really means for preserving Oregon's agricultural heritage. Admit that M49 is a compromise with M37 and though you disagree even with M49 you consider it fair (being this is what Democrats I respect are saying).
Government intervenes when it needs to. Do you consider a “Ballot Measure” from the people to be government?? Or do you consider it to be a measure that is channeled through the government by the people for the people, giving THE PEOPLE what they want... which is a compromise with 37. But we already know that neocons don't compromise. You guys don't give an inch. As long as you got yours, the rest of the community can go screw themselves.

You’re right, 49 isn’t perfect. I said it. Can you say the same for 37? “Tell us the truth” In Oregonian’s rush to throw up 37, unforeseen consequences arose. 49 is an opportunity to set them right. It is a compromise. You just don’t want to see it.

Widow Holton might not get to build all 15 homes on her property, but she can get 10 up, at least you can see that unlike your groundhog buddy Anonymous who doesn’t know when he’s being passively ridiculed if you put a gun to his head. Jeepers… he still thinks she’s only getting two houses. But you know better. I know you do because we both have read the fine print. At least I hope you’ve done more than just merely “glanced” at it as you admitted.

Your scared of rural Oregon developing its own economic base. You support M49 because its less change. Your scared that Portland's smartgrowth will impload as people leave the city for cheaper houses and better jobs. Just like Clark County draws jobs out of Portland the rest of Oregon will see the same trend.
I am scared only of two things. One is a drastic loss of my net worth. The other is warewolves…and sharks. Oh, and alligators and crocodiles, but I would lump them as one. And spiders. But that’s it. Public speaking would be up there too, which is why I still haven’t gone door to door canvassing for 49 and 50 yet. But that’s it.

I support 49 because the change that 37 allows is too great. The change that 37 allows is large housing projects, strip mines and box stores as well as industrial parks in farming communities where they don’t belong. I don’t want to see change to the point that local use of groundwater depletes the aquifer. It’s basic biology and scarcity of resources as well as an appreciation for our rural farming and forest land with a desire to not see too much urban sprawl.

“I personally believe…” (ref. Ms. Teen S. Carolina) that you want urban sprawl to occur so that maybe it would affect the property value within the city as people move out. Houses go up.. people move out, fewer buyers on the market, prices drop. Or something like that. I’m real fuzzy on that whole thing since a republican guy was the one who actually brought it up.

This isn't a blog post. It isn't what you think. Its what someone told you to think. Its the talking points from the Democrats running for reelection.

Your a little chimp. Look in the mirror chimpy chimp. Chimpy, chimp, chimp, chimp....

That’s pretty funny.. hee hee. Really, I’m cracking up over here. I think I’ll start calling you a flip flopping tie dye hippy. Stinky hippy. Maybe next time you’ll vote hippy.

Unknown said...

I'm not a neocon.

In fact I doubt you can even point to one neocon in Oregon.

Sure you could cut a wikipedia post out and slap it up and think you know something but its not actual knowledge. You wouldn't be able to apply it in any context beyond what is told to you.

Tell me what is a neocon?

What is a progressive?

I bet you can't describe it in your own words. You will probably use a buch of foul language to attempt to distract from your intelectual shortcomings and call it an answer.

BatmanTempest said...

Neocon: Republican, conservative who blathers on about everything pro-conservative, which is usually about hating the brown man, minimum wage, women's rights, pro oil, pro debt, pro max deficit, etc., and pretty much stand in direct opposition to anything anybody with reason has to offer.

Progressive: Some other word for democrat/liberal. It's a new word, nothing new. It's a marketing term to try and increase market share, to gobble up the lemming fence sitters who don't know how to think for themselves.

And yes you are a neocon. You're in direct opposition to any, and every, thing I say which puts you firmly in the neocon, white hooded fascist camp.

Now, just to be clear, there are plenty of "progressive/ultra-liberal", extremist lefties that I totally disagree with, (in fact one stayed at our house just the other week, a poetry professor who was in such a camp that her opinions made me out to look like a neocon myself).

So just because your in opposition to my stance is not enough to warrant being labeled a neocon. No... it takes a special type of opposition. One involving the complete and utter incapability of listening to any sort of opinion other than your own.

You deny it, but it's what you are. "Pro Bush, pro war, Giddie Up, Yahoo War, anti anything resembling regulation or accountability for the private sector and Small Government all the way... except for when it's your agenda then you support Big Brother invading people's privacy, tapping phones, monitoring genitles and gays and supporting big oil!"

Did I leave anything out?

Unknown said...

I'll take that as a no, you don't know what a neocon is.

You also don't know what a progressive is being that historically it doesn't necessary qualify someone as a liberal. Think Ross Perot or Jesse Ventura who are progressives but far from liberal.

As for your definition of neocon. First off you can't seriously believe the crap you've just spewed forth. Do you really believe that all Republicans are neocons? Do you really believe that all neocons hate people of color, oppose a minimum wage, hate women, hate alternatives to petroleum and like public debt?

So if I support equal opportunity hiring practices, support a minimum wage, love alternative fuels, and want a constitutional cap on federal spending I would not be a neocon?

Given your own definition I am not a neocon nor have I ever came forward on any of these topics since you've been a lurker on NWR.

To educate you:

A neocon is a strain of conservatism that has embraced a strong and widespread government as the solution for many social problems. Essentially they are very socially conservative yet fiscally liberal for the right issue. They also usually believe in supply side economics (that low taxes will eventually grow us out of the druken spending).

Neocons are usually former extreme liberals (even a few were communists) that became dissolutioned with government's with the failure of the New Deal and Great Society to achieve its goals. Google Irving Kristol as the gold standard in neocon thinkers.

Typcially they push for government programs that still spend large sums but attempt to connect these policies with individual responsiblity or local buy in. They still want the goals of the New Deal but without a federal bureau involved.

Look at Iraq. The policy begins in ends with delegating the goals to the Iraqi government. Look at 'No Child Left Behind' - again begins and ends with state's implementing but the feds managing via the purse strings.

The government coffers are a weapon. Tax code is an incentive.

If you notice George W for instance. He begins and ends every policy with a role for government. This is distinctly different than Reagan whose policies actually sought to restrain, limit, and define a role for government. He has more in common with Clinton or Johnson managerially than Ronald Reagan.

Bush has sought to expand the actual role of our government. Reagan sought to define a limit on it.

Bush spends money on everything (the longest record without a veto). Reagan cut substantially into non-military spending and shifted many responsiblities to states.

Bush attempts to pull responsiblity from the states. Bush pushes funding from the feds and micromanages with this funding in a way only Democrats had done in the past. He engineers results using federal budgets as a policy weapon.

This is starkly different than Reagan and most of the other candidates currently running for President.

Neocons rose to significance with the Movement Conservatives inspired by Barry Goldwater and Ronald Reagan. They were there but aren't the defining characteristic. They also are an extreme minority in the Oregon party. The Oregon Republican party still be significantly influence by the more progressive leanings of Mark Hatfield, Bob Packwood and Tom McCall.

No contributor to NW Republican would qualify as a Neocon.

Only one statewide Republican candidate in recent Oregon history would. That being Kevin Mannix.

For more read your favorite source for ditto think. Wikipedia.

Anonymous said...

Thanks for the common sense description and advice on Measure 49. And you've got the opposition pegged. Acting in the guise of "property rights," they're demeaning the compromise of 49 for a few selective reasons:

1. to bash any societal plan that maintains a sustainable balance; they’re cheering on their apocalypse!

2. a jealousy of those who have; while assuming massive rural subdivisions will give them a crack at what they're actually destroying... rural life.

3. pawns of money. "Funny" how Oregon's 'Realtors' have come down on Measure 49... Like there's a hell of a lot more money to be made selling a 100 lots on a hundred acres than only 3.

4. corporate interests; as measure 37 will 'die off' with its human claimants, it will live on in corporate portfolios. So what they 'don't do' now will remain an option, right up until they're bought out by another "Enron."

5. and let's not forget 'the Builders.' Those guys who don't make money unless they're continuously replacing open land with houses; be they Mcmansions or crackerboxes.

So, Republican in denial - get lost! If you like what you see in Washington (state) - go for it! This native Oregonian's watched it being trashed for decades - they'll soon run out of productive land -- but you'd have yours!

Unknown said...

Funny.

I thought M49 gave rural land owners a "crack" at development. Are you telling me it now doesn't propose to allow exclusive farm use land to develop?

Obviously you haven't read the posts farther up about the lumber outfit.

They happen to preexist M37 and yet rural neighbors complain about their rural and consistent use of their land. M49 will allow these rural ag/timber landuses to expand and update. M49 will only exacerbate these issues you claim to say it cures.

M49 does nothing to curb the supposed sprawl you see in Washington (which has landuse laws similar to Oregon just without LUBA).

Tell the truth. M49 is a last ditch effort for the Democrats to hook up enough special interest groups to avoid M37's complete implementation. If the large timber and home ag companies get their development they don't care about small homeowners.

Thats why the democrats did M49 in a closed door without any opposition present. It is the best example of a smoke filled room I've ever seen this side of Bush admin Enron negotiation.

Shoes on the other foot....

Anonymous said...

Here you go, the official word: "Ballot Explanatory Statement
Ballot Measure 37 (2004) requires governments to pay landowners or forgo enforcement when certain land use regulations reduce their property values. This measure modifies Measure 37 to give landowners who have filed Measure 37 claims the right to build homes as compensation for land use regulations imposed after they acquired their properties."

"Claimants may build up to three homes if allowed when they acquired their properties.”

“Claimants may build up to 10 homes if allowed when they acquired their properties and they have suffered reductions in property values that justify the additional home sites." (but you already knew this)

Now which part of that do you claim not to understand? Any restriction that existed before an owner purchased land remains in effect, just like M-37. And that also applies to anyone unable to make an M-37 "Claim" – if they couldn't do it before, they can't do it now; and what applies to some should apply to all.

M-49 clarifies M-37; creates a fast-track approval process for the people Oregonian's thought they were providing 'relief'; and it establishes "Transferability,” something M-37 lacked. And, it will alleviate the current 300+ court cases across Oregon linked to M-37 claims.

You say: "M49 does nothing to curb the supposed sprawl you see in Washington (which has landuse laws similar to Oregon just without LUBA)" --- Are you kidding! No, I understand you completely; you're being purposefully deceptive, just like the "Oregonians In Action" member you likely are...

#1 your beloved measure 37 was meant to be a body blow to Oregon's land use planning system; Measure 49 lessens its severity without eliminating it completely (as they could have, being it was only a statute). #2 M-49 WILL CURB the rural sprawl M-37 has unleashed in Oregon. #3 All our surrounding states are late implementing land use restrictions... too bad for them. But each state (WA, ID & CA) defeated "M-37-like" measures on last year’s ballots -- using Oregon's MISTAKE of M-37 as their example.

And ‘God Bless’ the Democrats! Your Republican land-abuse crew (back when they had the majority, yet did nothing more than take pot-shots at our land use laws) sat back and grinned (like Larry George) while they let Measure 37 fester. So Oregonians kicked their worthless butts out last November and the Democrats went to work cleaning up your mess. Now you’re screaming "CONSPERICY"???|

Hey Bud - your Republican cronies walked out after countless public hearings and public testimony working to Fix M-37 -- NOT the Democrats! They stuck it out, and like I said - could have killed it then and there. But they modified it to fit ‘those it was sold to help,’ and eliminated the open-ended loopholes your pals left to abuse it - thus us.

So you’d better write another check - fast ... you'll have to do something drastic to kill the true grass-root coalition’s working this very moment to pass Measure 49. So folks -- give it a YES!

BatmanTempest said...

Damn good post. Some stuff in there I didn't even know. Amen brother.

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