The Oregon Supreme Court today reversed a lower court judgment that had invalidated Measure 37, the ballot initiative that requires compensation to be paid to landowners when land-use regulations reduce property values. The opinion is available here. The Oregonian also has a story on the opinion.
I've linked to recent essays on Measure 37 here and here. I've noted before that although I tend to be relatively pro-property rights on takings issues, I think Measure 37 is overbroad and a really bad idea. But the voter anger behind Measure 37 is real, and combined with the post-Kelo backlash should cause land-use planners to question whether consistently sticking it to property owners is a good long-term strategy. Oregon land-use planners probably wouldn't be facing potential disaster if they had made some modest accommodations to property owners' interests from the outset.
I have been waiting for someone to put a property rights amendment on the ballot here. But so far, nothing doing.
