Tuesday, February 21, 2006

A Good Day for Property Rights

I thought I take us away from transportation, even for just a minute:

Great news from Oregon this morning...the Oregon Supreme Court just reversed Marion County Circuit Judge Mary Mertens James' ruling on Measure 37 (provides that anyone whose property values have been reduced by land-use rules imposed since they purchased the property may apply for compensation or have the rules waived). Judge James had ruled last October that the property compensation measure was unconstitutional and invalid, but the Supreme Court didn't agree:

In sum, we conclude that (1) plaintiffs' claims are justiciable; (2) Measure 37 does not impede the legislative plenary power; (3) Measure 37 does not violate the equal privileges and immunities guarantee of Article I, section 20, of the Oregon Constitution; (4) Measure 37 does not violate the suspension of laws provision contained in Article I, section 22, of the Oregon Constitution; (5) Measure 37 does not violate separation of powers constraints; (6) Measure 37 does not waive impermissibly sovereign immunity; and (7) Measure 37 does not violate the Fourteenth Amendment to the United States Constitution. The trial court's contrary conclusions under the state and federal constitutions were erroneous and must be reversed.


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