Property Pieces in Compensation Statutes: Law's Eulogy for Oregon's Measure 37

Keith H. Hirokawa

Albany Law School

August 11, 2008

Environmental Law, Vol. 38, No. 4, p. 1111, 2008

Compensation statutes (such as Oregon’s Measure 37) attempt to elevate the importance of private property by insulating property value from any negative effects that land use regulations may have, typically by awarding compensation where property owners are required to suffer limitations in their land use choices. Although the efforts of compensation statutes may appear reasonable at first glance, a closer examination reveals difficulties in implementing such schemes. Using Measure 37 as a leaping point, this Article inquires into the relationship between compensation statutes and the property such legislation purports to protect. This Article compares the Measure to traditional property doctrines and property rights among competing claims. From a coherence perspective, this Article then argues that the 'property' protected under Measure 37 created internal conflicts throughout the law, piecing property rights apart from property duties in land uses, rendering incoherent the bundle of existing property expectations.

Number of Pages in PDF File: 55

Keywords: compensation statutes, lans use regulation, Measure 37

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Date posted: August 13, 2009 ; Last revised: October 20, 2012

Suggested Citation

Hirokawa, Keith H., Property Pieces in Compensation Statutes: Law's Eulogy for Oregon's Measure 37 (August 11, 2008). Environmental Law, Vol. 38, No. 4, p. 1111, 2008. Available at SSRN: http://ssrn.com/abstract=1447331

Contact Information

Keith H. Hirokawa (Contact Author)
Albany Law School ( email )
80 New Scotland Avenue
Albany, NY 12208
United States

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