Property rights focus of JoCo ‘vested interests’
(Photo by Illinois Valley News)
From our weekly issue dated March 5, 2008
“Vested interests” challenged Josephine County commissioners as to whether the county will honor their property value claims under Measure 37 as contracts to protect their holdings.
Approximately 10 citizens wearing red-white-and-blue “I’m Vested” paper vests were among more than 20 persons who attended the board of commissioners meeting Wednesday morning, Feb. 27 in Anne G. Basker Auditorium in Grants Pass.
At one point, the board was asked point-blank by Grants Pass resident Rob Kendall if they will honor Measure 37 waiver claims as contracts. Commissioners Jim Raffenburg and Dwight Ellis gave brief, concise responses that they are in favor. Chairman Dave Toler hesitated, then said that he sees a need for clarification.
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He said that it’s important to discover the legal ramifications, and explained that he has been in contact with Oregonians In Action. It “has concerns,” he said, about Measure 49, which modifies Measure 37.
Paul Walter, editor-at-large of NewsWithViews.com, who had addressed the board earlier during the meeting, began to speak from the audience, but Toler interrupted him, saying, “I’m not ready for another go-round.”
Walter replied that it would not be a go-round, but spoke no further.
Raffenburg then commented, “I’d like to thank Dave Toler for the longest two-minute answer” in connection with his reply as to supporting Measure 37 claims. He added that he sees “a cabal” linked to Measure 49 and that “it circumvents the legislative process and is a serious threat to representative government.”
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Many in the audience applauded his comment. He continued with, “If it’s the last thing I do as a commissioner, I hope to protect your property rights in this matter.”
There was more applause as Ellis stated that he supports Raffenburg in that regard.
“It (Measure 49) is a mistake that needs to be fought: I stand by the people,” said Ellis to more applause. He called the measure “a sham being shoved down our throats because some property owners up north didn’t like Measure 37.”
Toler then concluded the meeting by noting that “my big concern” involving claims “is that we do nothing to jeopardize those claims.”
He adjourned the session, as Walter shouted, “We don’t trust you Toler!” Another man in the audience added, “Second that,” and another said, “I third that.”
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Measure 37 was approved by Oregon voters in 2004. It basically provides that owners of property are entitled to just compensation when a land-use regulation is enacted if the regulation restricts use of the property and lowers its fair market value.
Measure 49 was approved during a special election on Nov. 6, 2007. It essentially modifies 37 by allowing small land owners to develop large housing subdivisions, so-called big-box stores and strip malls on their properties.
