Posted on 10/14/2005 4:22:24 PM PDT by B Knotts
SALEM, Ore. - A judge on Friday overturned a voter-passed property compensation law as unconstitutional.
Marion County Circuit Judge Mary James struck down the law as violating five provisions of the state and federal constitutions.
The law, passed as Measure 37 on the November 2004 ballot, requires that state and local governments either compensate land owners when regulations lower property values or waive the rules.
James said the statute violates equal protection provisions of the Oregon Constitution and a state constitutional ban on suspending laws.
She also ruled it breaches the separation of powers between government branches, "intrudes on" legislative authority and violates due process protections under the U.S. Constitution.
Foes of the law argued that it violates the "equal privileges and immunities" provisions of the state constitution because it gives benefits to people who buy their land before regulations were applied but not to those who purchase property later.
The judge said the distinction between those groups "is not reasonably related to a legitimate state interest and, therefore, is unconstitutional."
An appeal to the Oregon Court of Appeals and eventually to the Oregon Supreme Court was expected no matter which way the trial court ruled.
The voters approved Measure 37 after the property rights group Oregonians in Action mounted a campaign that put the proposals on the ballot by initiative petition.
Voters approved a similar property compensation measure in 2000 as a constitutional amendment. But the state Supreme Court threw it out, ruling that it contained too many changes to be rolled into a single amendment.
This is why so many of us are so concerned about getting the right people on the Supreme Court.
FYI PING
This judge is totally wrong. She must not be able to read the Constitution which states in the fifth Amendment that "nor shall private property be taken for public use without just compensation."
If the government uses its guns to force private property owners to do things that will diministthe the value of their property then the government is responsible for either paying for the property or changing the requirments.
Looks as if this judge and many others are totally left wing and do not care for the supreme law of the land.
Of course.
Only legislators can tack a dozen totally unrelated riders onto a bill; the people via an initiative are limited to what the court says is a "single subject".
Talk about "unequal protection", "intrusion on separation of powers" (on the theory that The People are the primary sovereign power) and a dozen other hypocrisies.
County Circuit judge? This one is nowhere near done.
http://www.sos.state.or.us/elections/may182004/guide/np/james_m.htm
She claims to be nonpartisan, whatever the hell that means these days.
---Foes of the law argued that it violates the "equal privileges and immunities" provisions of the state constitution because it gives benefits to people who buy their land before regulations were applied but not to those who purchase property later---
How does that violate equal protection? What idiocy.
"nonpartisan" is a short way to say "liberal who wants to hide their true beliefs".
kind of like Decline to state.. got it.
"Foes of the law argued that it violates the "equal privileges and immunities" provisions of the state constitution because it gives benefits to people who buy their land before regulations were applied but not to those who purchase property later."
What a dumbass.
People who buy it afterward aren't harmed - the regulations already exist.
Expect this to go to the state supreme court.
Wow, judicial fiat wins again and the common man gets cornholed one more time. Color me surprised. Someone ping me when it's time to storm the "halls of justice" with pitchforks and torches.
When you make political change impossible, what is the alternative?
Judgeships and municipal/county offices in Oregon are non-partisan, like they are in California.
I think this genius judge doesn't understand the legal concept of "similarly situated."
The State and Local governments were naturally against this voter passed measure. So the foes go judge shopping knowing that the State will not present a credible defense of the measure. And, like the other measures opposed by the State, it is overturned. Voting means nothing in Oregon right now unless it fits into the Rats plans. The rot runs very deep.
The envirofascists are firmly in control. I don't know how to dislodge them.
Judgeships and municipal/county offices in Oregon are non-partisan, like they are in California.
----
Thanks.
If only that were really true in actuality.
I am hoping that the Rats have a bloody primary over the governor this time so we can gain some traction. Otherwise most of Oregon is going to end up like Sisters(freakin tourist sideshow trap, all done politically correct).
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