55 Pages Posted: 13 Aug 2009 Last revised: 20 Oct 2012
Date Written: August 11, 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.
Keywords: compensation statutes, lans use regulation, Measure 37
Suggested Citation: 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: https://ssrn.com/abstract=1447331