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Voter-Passed Measure 37 Law Is Overturned
KATU-TV/AP ^ | 10/14/2005 | Charles E. Beggs

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.


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Government; News/Current Events; Politics/Elections; US: Oregon
KEYWORDS: blackrobedtyrant; dictator; judge; measure37; propertyrights
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Why do we bother having elections anymore? We are ruled by petty tyrants in black robes who will impose their will, regardless of the wishes of the voters.

This is why so many of us are so concerned about getting the right people on the Supreme Court.

1 posted on 10/14/2005 4:22:29 PM PDT by B Knotts
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To: Salvation

FYI PING


2 posted on 10/14/2005 4:27:53 PM PDT by B Knotts
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To: B Knotts
apparently, a "vigilante" concept is foreign to the good judge.
3 posted on 10/14/2005 4:29:20 PM PDT by TheOracleAtLilac
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To: B Knotts

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.


4 posted on 10/14/2005 4:35:50 PM PDT by YOUGOTIT
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To: B Knotts
But the state Supreme Court threw it out, ruling that it contained too many changes to be rolled into a single amendment.

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.

5 posted on 10/14/2005 4:39:57 PM PDT by ApplegateRanch (Mohamophages of the world, unite!)
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To: B Knotts
Here is a link to the full text of Measure 37:

Measure 37 - Text of Measure

6 posted on 10/14/2005 4:44:13 PM PDT by B Knotts
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To: B Knotts

County Circuit judge? This one is nowhere near done.


7 posted on 10/14/2005 4:50:07 PM PDT by SmithL (There are a lot of people that hate Bush more than they hate terrorists)
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To: B Knotts

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.


8 posted on 10/14/2005 4:51:58 PM PDT by NormsRevenge (Semper Fi ... Monthly Donor spoken Here. Go to ... https://secure.freerepublic.com/donate/)
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To: B Knotts

---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.


9 posted on 10/14/2005 4:53:46 PM PDT by flashbunny (Loyalty is earned, not handed out.)
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To: NormsRevenge

"nonpartisan" is a short way to say "liberal who wants to hide their true beliefs".


10 posted on 10/14/2005 4:54:51 PM PDT by flashbunny (Loyalty is earned, not handed out.)
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To: flashbunny

kind of like Decline to state.. got it.


11 posted on 10/14/2005 4:57:37 PM PDT by NormsRevenge (Semper Fi ... Monthly Donor spoken Here. Go to ... https://secure.freerepublic.com/donate/)
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To: B Knotts

"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.


12 posted on 10/14/2005 5:04:18 PM PDT by adam_az (It's the border, stupid!)
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To: B Knotts

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.


13 posted on 10/14/2005 5:06:59 PM PDT by thecabal ("Now die monkeys and stop saying Muslims are terrorists,we are peaceful people!")
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To: thecabal
That's the thing. These pinheads don't realize they're playing with fire.

When you make political change impossible, what is the alternative?

14 posted on 10/14/2005 5:11:15 PM PDT by B Knotts
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To: NormsRevenge

Judgeships and municipal/county offices in Oregon are non-partisan, like they are in California.


15 posted on 10/14/2005 5:12:34 PM PDT by B Knotts
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To: adam_az

I think this genius judge doesn't understand the legal concept of "similarly situated."


16 posted on 10/14/2005 5:14:07 PM PDT by B Knotts
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To: B Knotts

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.


17 posted on 10/14/2005 5:14:10 PM PDT by crazyhorse691 (Diplomacy doesn't work when seagulls rain on your parade. A shotgun and umbrella does.)
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To: crazyhorse691

The envirofascists are firmly in control. I don't know how to dislodge them.


18 posted on 10/14/2005 5:15:36 PM PDT by B Knotts
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To: B Knotts

Judgeships and municipal/county offices in Oregon are non-partisan, like they are in California.
----
Thanks.

If only that were really true in actuality.


19 posted on 10/14/2005 5:18:53 PM PDT by NormsRevenge (Semper Fi ... Monthly Donor spoken Here. Go to ... https://secure.freerepublic.com/donate/)
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To: B Knotts

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).


20 posted on 10/14/2005 5:22:19 PM PDT by crazyhorse691 (Diplomacy doesn't work when seagulls rain on your parade. A shotgun and umbrella does.)
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