Measure 37 and the Oregon Land Use Planning System: Impacts and opportunities for planners within the new regulatory landscape

The passage of Measure 37 in 2004 represents a major shift in the way land use is regulated and decisions are conducted throughout the state of Oregon. Measure 37 requires that, subject to specific exemptions, when any government entity imposes a regulation that diminishes property value by any amount, compensation must be provided to the affected property owner, or the regulation must be waived. This thesis will explore the reasons why the measure was passed, how it conflicts with existing state statutes mandating the incorporation of nineteen statewide planning goals in every comprehensive plan, and the potential strategies available to planners and policymakers so that the comprehensive management of land uses is able to continue through Oregon. The thesis argues that Measure 37 was sold to voters on a platform of fairness, but instead it seems to create more inequity than it seeks to solve. The measure takes power over land use decisions away from local governments, and gives it to individual property owners, who do not necessarily have any incentives to consider the long-term impacts of their developments on the region or the public.; This study is significant because compensating property owners for any decrease in property values due to a government regulation is controversial and relatively little academic literature has been written about it. This thesis seeks to contribute to this growing discussion. Additionally, the study will seek to provide policymakers and those working within city governments in Oregon with tools and tactics that they can use to work around or within Measure 37.