There are considerably too many questions in regards to Measure 37 and the very soon to be effective Measure 49. Even attorneys and the greatest legal minds of Oregon cannot answer all of the questions that we all currently face. There is one fact though, Measure 49 goes into effect on Wednesday evening, December 5th at midnight, are you ready? You as a Measure 37 Claimant and maybe now a Waiver Holder have owned your property for years and you need answers quickly.
PRO-MEASURE 37 Backers will tell you that as long as you have your first permit application filed for your development that you may qualify under the "vested right" provisions of Measure 49. So as long as you have your Waivers and your application filed, you may be good to go.
Although all Measure 37 backers would love to believe this is how everything will be determined, there have been no Oregon attorneys that have put this Legal Opinion into written form. This creates a lot of anxiety as we are discussing the very livelihood of more that 6,500 Older Oregon landowners.
As we all are finding out there is no guaranties with Measure 37, neither will there be with Measure 49.
Since there are very few, if any Measure 37 projects that meet the criteria of those in opposition to Measure 37, and backers of Measure 37 have a difficult time getting good written legal instruction because Measure 37 was just too new, WE NEED TO DO SOMETHING!!
This site is to help you look at the options, before it is too late.
PRO-MEASURE 49 Legal Consultants have written extensive legal opinions stating that Measure 37 Waiver Holders that want to build more than 10 homes on separate lots will have to have “Common Law Vested Rights”. These parties that spearheaded Measure 49 believe you have to meet at least the following to meet the “Vested Interest” Provisions:
1) Both State and County Waivers had to be approved before 6-15-07;
2) A Building Permit for the whole development, including each home to be built had to be applied for, and probably approved before 6-15-07;
3) 7% of the overall construction had to be completed by 6-15-07, without site work being included that could have been used if this claim/waiver was transferred to a Measure 49 1-10 lot subdivision.
4) There written opinion is that after Measure 49 goes into effect that local governments are required to issue "STOP WORK ORDERS" on all Measure 37 projects until the State of Oregon interprets through its court process what the legal meaning of "Vested Rights" means.