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 Oregon Supreme Court: Measure 37 Rights Extinguished Under Measure 49
By Gregory A. Chaimov
Landowners who have made claims under Oregon's Measure 37 should be aware of a significant new development in the law. On May 8, 2008, the Oregon Supreme Court ruled that, except in rare circumstances, Measure 49 extinguished rights under Measure 37, but leaves three key matters to future court decisions. Measure 37 claimants should consult with their legal advisors about the rights and remedies that remain.
Measure 37, passed in 2004, allows landowners to claim compensation from state or local government if land use or environmental regulations reduce their property value. Measure 49, passed in November 2007 with the intent of limiting some of the development allowed by Measure 37, overturned or changed many of Measure 37's provisions.
In the May 8, 2008, Corey v. Department of Land Conservation and Development case, the Oregon Supreme Court ruled that Measure 49 extinguished landowners' rights under Measure 37 except to the extent that a landowner had completed enough of the development approved under Measure 37 to have obtained a common law vested right to complete the development. |
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 New
Laws That May Affect Your Construction Business As
appeared in “Legal Ease,” our monthly column
in the Daily Journal of Commerce
By Thomas
S. Smith and Dean
M. Phillips
The Oregon Legislature passed many important
new laws this year that will affect the way many Oregon
contractors do business. Following a push to minimize
construction defect claims—protecting both consumers
and diligent contractors—Oregon contractors will
need to carry more insurance, rethink existing contracts,
and eventually revisit the classroom under the new laws.
In this article, we will outline the major new statutes
that contractors need to know about.
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www.waconstructionlaw.com
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Laws are constantly changing. Fortunately, our lawyers are watching
the legal developments that can affect your business. We regularly
publish articles, advisory bulletins, and guides on legal developments
that are of interest to you. Our publications are available free
of charge by email and are posted on our website.
To sign up for our Advisory Bulletin email service, click
here.
Potential Impact of Ballot Measure 49 on
Existing Measure 37 Claimants [August
2007] read bulletin
Supreme Court Limits Reach of Endangered
Species Act [June 2007]
read
bulletin
Corps and EPA Issue Post-Rapanos
Guidance for Wetlands Determinations [June
2007] read
bulletin
Construction Defect Claims and Impact of
Economic Loss Rule in Oregon [March
2007]
read
bulletin
New EPA Rules Define When Buyers are Responsible for Unexpected,
Old Contamination [Sept. 2006]
read
bulletin
Supreme Court Limits Corps of Engineers Authority Over Wetlands [June 2006] read bulletin
Real Estate, Land Use and Construction Law Letter [Feb. 2006] read bulletin
Click here to view additional Real Estate & Land Use advisory bulletins
SEC Keeps Quiet About Proposed TIC Exemption
The Daily Journal of Commerce, 2/28/08
By Coni S. Rathbone
SEC Continues to Mull Tenant-in-Common Exemption
Portland Business Journal, 2/8/08
By Coni S. Rathbone
Mix of Uses Makes for Mix of Ideals
The Daily Journal of Commerce, 1/24/08
By Gene Grant
What's Next for Your Family's Business?
The Daily Journal of Commerce, 1/03/08
By Amelia Heath
With Letters of Intent, Draft Carefully
The Daily Journal of Commerce, 12/27/07
By Layne McWilliams
It's
Not Perfect, but the UGB Works
The Daily Journal of Commerce,
11/29/07
By Greg
Hathaway
Land-Use
System Could Use a Quieter Approach The
Daily Journal of Commerce, 10/25/07
By E.
Michael Connors
Obtaining
Development Financing by Way of Securities
Portland Business Journal,
8/31/07
By Coni
S. Rathbone
Legislature Sends Builders Back to School
The Daily Journal of Commerce, 8/23/07
By Thomas Smith and Dean Phillips
Legislative Changes Sweep Up Chimney Workers, More
The Daily Journal of Commerce, 8/24/07
By Thomas Smith and Dean Phillips
Oregon
Voters Revisit Measure 37
By Thomas
S. Hillier
The Daily Journal of Commerce,
7/26/07
Home
Resell Industry Spurs Host of Myths
By Dean
Phillips
The Daily Journal of Commerce,
6/28/07
Oregon
Legislature Amends Oregon Condominium and Planned Community
Acts
By Eugene
L. Grant and Coni
S. Rathbone
Reprinted with permission from
the The Daily Journal
of Commerce
Don't
Let Sun Set on Mobile Park Sales
By Abby
Klinect
The Daily Journal of Commerce,
4/17/07
Home-Builder
Notifications Comprise a Laundry List
By Richard Bailey
The Daily Journal of Commerce,
2/22/07
Lowest
Income Bracket Biggest Winner From TIF Set-Aside
By Crystal
English
The Daily Journal of Commerce,
1/25/07
Click here to view additional Real Estate & Land Use publications
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