Senate Bill 505 grants more “property rights” to Measure 37 claimants
February 10th, 2007
Just because the Bill came from Democrats and is supported by 1000 Friends, don’t be so sure that it does anything to curtail Measure 37.
In fact, Senate Bill 505 goes out of its way to appease the property rights crowd. And, sadly, it does absolutely nothing to reign in Measure 37 except to “put on hold” more extreme claims for a few months.
Reading the tea leaves, one sees a frantic attempt by M37 opponents to get a few months suspension of the more odious claims. There seems to be a desperate hope that they will be able to do in 5 months what they can’t do now: assuage on-the-fence lawmakers that reforming M37 won’t come back to bite them at the ballot box. Why else would 1000 Friends support this terrible Bill unless they knew that a few month suspension is literally all that they can get. And given how much they must give up in 505 just to get that suspension, the possibilities of future coalitions seem slim indeed.
What does the property rights crowd get?
- Property owners can now “fast track” single home development. Any requirements under Measure 37 for such claimants to make written demands for compensation and then wait up to 180 days are, poof!, gone. Indeed, to get the waiver, the owner simply has to sign a release.
- Waivers for such developments are transferable. As the Bill specifically states: “[…] the right to prosecute the claimant’s written demand and any rights to use private real property provided by waiver […] pass to the person who acquires the private real property by devise or by operation of law.”
These are two major give-ups. The transfer issue has been one of the main reasons that widespread Measure 37 development hasn’t occurred. And the recent ruling in Jackson County denying waiver transfers was a real setback to Measure 37 proponents. For SB 505 to grant this is big news, and, under normal circumstances, it would not be unreasonable to expect considerable scale back of other Measure 37 aspects in compromise.
So what do Measure 37 opponents get?
- All other M37 claims and waivers will effectively be put on hold until June 30, 2007.
Opponents have nothing to cheer about. This Bill is grim, not least in that it grants significant new rights such as transferability, but, more, in that it suggests that any real chance of reform is Dead on Arrival. What can be done in the next 5 months to form a coalition that can’t be done immediately? And, with the bargaining chip of transferability already granted, what can borderline Dems take back to their constituents as a compromise? What additional bargaining chips must be granted?
One wonders if, at this stage, it might not be better to let the Counties face their mountain of claims alone. And only when they see the true damage and burden will they then loudly press for something far better than this hokum. Or, if legislators are so scared of the specious “61%” specter, to refer a fairly worded initiative back to the people.
Related posts: The curious case of the Clackamas claimant, Measure 37 is back..., LNG and the Columbia: bad news
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