The Oregon Supreme Court unanimously upheld the constitutionality of Measure 37 Tuesday, reviving the property rights initiative in Jackson County after it lay dormant for four months.

"Bring ’em on," said county Commissioner C.W. Smith, who said the county will begin taking new claims immediately.

Measure 37 did not violate any state or federal laws as a Marion County judge decreed in October, Supreme Court justices said in their ruling.

Approved by 61 percent of voters in November 2004, the measure gives property owners the right to ask a government agency to either pay for lost property value because of zoning changes or provide a waiver of the offending land-use regulation.

Marion County Circuit Court Judge Mary James had found Measure 37 strips the Legislature of its power and unfairly created two classes of landowners in Oregon.

Advertisement

Supreme Court justices disagreed, saying, "We find none of these arguments persuasive."

The justices said that if the people of a state want to require a government to compensate landowners whose interests are damaged by a new regulation, they have every right to do so.

They shot down each of the legal points upheld by James, but noted, "Whether Measure 37 as a policy choice is wise or foolish, farsighted or blind, is beyond this court’s purview."

Smith said the property rights initiative is an attempt to make complex land-use regulations fairer for landowners throughout the state.

"We’re still going to have land-use planning," said Smith. "It’s just not going to be as intrusive or Draconian as it has in the past."

The county has received a total of 189 claims. Apart from the 89 already approved, eight have been withdrawn and eight have been denied. The remaining 84 will now be processed by the county.

Owners of the 250-acre Hillcrest Orchards in east Medford were prepared to file a Measure 37 claim before the Marion County ruling.

Now that the Supreme Court has declared the measure constitutional, Jack Day, one of Hillcrest Orchards’ 11 property owners, said they plan to file their claim this week.

Day, who was in Mexico when he heard about the ruling, said the family doesn’t plan to develop the property immediately, but wants the claim as an insurance policy in case it does decide to develop at a later date.

"It is a prudent thing to do if you want to protect your interests," he said.

Even if the family’s claim is approved, Day said any potential development likely would not occur until about 2020.

"I have to say there is not total concurrence in the family to do anything," he said.

The vineyard and winery would remain, but Day said clusters of homes could be built around the vineyard, adding it would be similar to developments in San Luis Obispo, Calif.

1000 Friends of Oregon, which sought to overturn Measure 37, stated in a prepared release that Oregon voters will come to realize how unfair the measure is. According to 1000 Friends, 66,000 acres — including 5,500 in Jackson County — would be affected by claims already filed with the state.

The Supreme Court ruling may affect a suit filed last year against Jackson County by the city of Ashland, which if successful could have called into question the validity of all claims already approved.

Ashland specifically challenged the county’s approval of a Measure 37 claim to build a welcome center, grocery store and restaurant on an 18.40-acre property on South Valley View Road, just off the west side of Interstate 5. The city claimed in its suit that Jackson County did not have the authority to approve the claim in light of the Marion County ruling.

Ashland City Attorney Mike Franell said the city may not pursue the suit because of the Supreme Court ruling, but added he still needs to discuss the matter with the City Council.

"Most likely (the ruling) will make (the suit) moot," he said.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

The Associated Press contributed to this report.