Abstract

http://ssrn.com/abstract=1005549
 
 

Citations (1)



 
 

Footnotes (315)



 


 



Measure 37's Federal Law Exception: A Critical Protection for Oregon's Federally-Approved Land Use Laws


Rebecca L. Puskas


Boston College Law Review


Boston College Law Review, Vol. 48, No. 5, 2007

Abstract:     
Ballot Measure 37, a property rights initiative passed by Oregon voters in November 2004, requires Oregon governments to compensate landowners for any reduction in the value of real property due to land use regulation or else to waive the offending regulations. This Note addresses the scope of an important exception to Measure 37: the law does not apply to the extent that the land use regulation is required to comply with federal law. Many federal environmental laws, some with significant land use implications, involve a partnership approach called cooperative federalism where federal agencies set broad goals and states are responsible for on-the-ground implementation. Measure 37's federal law exception thus raises the question of whether Oregon's state and local governments have a continuing obligation to enforce land use regulations administered under such cooperative frameworks because they are required to comply with federal law. This Note answers that question in the affirmative. It surveys Measure 37's federal law exception in its textual, regulatory, and constitutional contexts and concludes that the most tenable interpretation is a broad one: Measure 37 does not apply to land use regulations in federally-approved plans and programs that represent Oregon's efforts to comply with federal law. This interpretation is reinforced by a clarifying definition of federal law in Ballot Measure 49, an initiative subject to a November 2007 special election vote.

Number of Pages in PDF File: 42

Keywords: land use, environmental law, Measure 37, Measure 49, cooperative federalism

Accepted Paper Series





Download This Paper

Date posted: August 17, 2007  

Suggested Citation

Puskas, Rebecca L., Measure 37's Federal Law Exception: A Critical Protection for Oregon's Federally-Approved Land Use Laws. Boston College Law Review, Vol. 48, No. 5, 2007. Available at SSRN: http://ssrn.com/abstract=1005549

Contact Information

Rebecca L. Puskas (Contact Author)
Boston College Law Review ( email )
885 Centre Street
Newton, MA 02459-1163
United States
Feedback to SSRN


Paper statistics
Abstract Views: 444
Downloads: 32
Citations:  1
Footnotes:  315

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.375 seconds