Measure 37 and a Spoonful of Kelo: A Recipe for Property Rights Activists at the Ballot Box

22 Pages Posted: 2 Oct 2014

See all articles by Patricia Salkin

Patricia Salkin

Touro College - Jacob D. Fuchsberg Law Center

Amy Lavine

Albany Law School

Date Written: 2006

Abstract

This article discusses Measure 37, Oregon's initiative that entitles property owners to compensation for decreases in fair market property values due to land use regulations passed after their acquisition of the subject property. The article also explains the impact of Measure 37, describing how it has effectively paralyzed the state, local, and regional land use authorities, and that it overwhelmingly favors claimants. The article further discusses similar regulatory takings initiatives that are being proposed and passed in other states.

Keywords: Measure 37, land use, regulatory takings, Oregon, ballot measures

Suggested Citation

Salkin, Patricia E. and Lavine, Amy, Measure 37 and a Spoonful of Kelo: A Recipe for Property Rights Activists at the Ballot Box (2006). 38 Urban Lawyer 1065 (2006); Touro Law Center Legal Studies Research Paper Series. Available at SSRN: https://ssrn.com/abstract=2483444

Patricia E. Salkin (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

Amy Lavine

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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