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Farm bureaus denounce
Measure 37

Farm bureaus in 13 counties urge voters to defeat the
controversial measure on the Nov. 2 ballot

By Gunnar Olson, Newberg Graphic reporter
E-mail Gunnar at golson@eaglenewspapers.com
    Yamhill County’s is among 13 county farm bureaus calling on Oregon voters to defeat Measure 37.
   Measure 37 – the son of Measure 7, which passed in 2002 and was subsequently ruled invalid by the Oregon Supreme Court – would empower landowners to demand municipalities compensate them when land use law lower the value of their property.
   Dave Cruickshank, president of the Yamhill County Farm Bureau, said the bureau joined in the opposition to Measure 37 “because of possible total disruption of the land-use laws.”
   “In weighing everything, we felt that the fact that this may implicate the land-use planning system in its entirety, including farm tax deferral, outweighed personal property rights,” he said. The farm tax deferral gives farmers a tax break because they can’t use their land for, say, a housing development. “In a nutshell, that’s how we felt.”
   Under this theory: Whereas now a person living on agriculturally zoned land couldn’t build a service garage, they probably could if the measure passes because the city or county wouldn’t have the funds to compensate the landowner for the loss of property value.
   Cruickshank said he agreed with a pair of arguments made by the Take a Closer Look Committee, of which the Yamhill County Farm Bureau is a member.
   The committee says “Measure 37 is so poorly written it could put many farms out of business by increasing taxes and rolling back safeguards that protect Oregon’s farmland from overdevelopment,” in the words of Larry Wells, president of the Marion County Farm Bureau.
   The committee says passage of Measure 37 in November would create a lot of extra paperwork for more than 300 local governments and state agencies. It argues that the measure would require cities, for example, to establish administrative systems – more people, requiring more tax dollars to pay their salaries – to process the claims for compensation.
   “We can’t afford the additional layers of paperwork, bureaucracy, lawsuits and costs associated with Measure 37,” said Ed Chotard, president of the Jefferson County Farm Bureau, in the release.
   The proponents for Measure 37 take issue with both arguments.
   “These are the tactics that the opponents are trying to use to confuse the issue,” said David Hunnicutt, executive director of Oregonians In Action, a nonprofit that fights for the rights of property owners. “Because they realize an overwhelming majority of the citizens in this state support the measure.”
   Measure 37 wouldn’t put agricultural businesses out of business, Hunnicutt contended. The measure “is the only thing that will protect farming and forestry from being regulated out of business.”
   Hunnicutt said the majority of agricultural businesses support the measure, including the farm bureaus from Jackson and Deschutes counties.
   As for the additional paper-shufflers the opponents say will be needed if the measure is passed, Hunnicutt said they’re not necessary. The systems now used to process land use applications, he argued, could be utilized to process appeals.
   Newberg City Manager Jim Bennett’s arguments supported those made by the Yamhill County Farm Bureau. Particularly, that the passage of Measure 37 would force cities to establish processing methods for the influx of claims.
   “It’s not good news for cities, either way,” he said. “Because the resources aren’t there. We’re talking millions, perhaps hundreds of millions of dollars, that would have to be paid out, and cities don’t have that kind of money.”
   The alternative, he said, is for the cities to bend to the landowner’s wishes and grant their previously denied land-use requests, resulting in sporadic cohesive city layouts such as that in Houston, Texas, known among city planners for its former lack of land-use laws.

From Sept. 22, 2004, Newberg Graphic
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