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This Land: Measure 37's Impact on Oregon

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Trash Talking Measure 37

Posted by Eric de Place

04/13/2007 11:45 AM

"Pay or waive" doesn't pass the smell test.

I haven't been blogging much about Measure 37 recently, but I just can't pass up mentioning this latest brouhaha from Washington County (a suburban and ag county just to the west of Portland proper).

In an "exclusive farm-use zone" a property owner has been operating a landfill since 1952. Most of his neighbors hate it and have been trying to shut it down. But now the property owner has a bright idea: instead of closing the landfill, he wants to expand it to an adjoining lot he owns. Either that, or take home $5 million in taxpayer compensation if the county won't let him.

Here are a few choice bits from the article in the community paper:

Neighbors hope to pack Tuesday morning’s hearing before the Washington County Board of Commissioners in Hillsboro.

County commissioners, however, might not be sympathetic. A board flyer sent with each Measure 37 claim notice outlines what the county will consider in the claim hearing. That boils down to whether the property meets the criteria for a Measure 37 claim. Commissioners won’t address impacts on surrounding properties or roads.

Yeah, sorry neighbors. Measure 37 just isn't in to that whole "democratic process" thing. The rules are clear: waive the law, or pay.

But here's the kicker: the property owner doesn't actually want to operate the landfill anymore. According to his attorneys, he wants the waivers so that he can transfer the landfill operation to a new owner. Presumably, he'll be moving to somewhere less odious.

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Comments

Posted by RMC 04/14/2007 05:56 PM

Eric, do you have Measure 37 vote-breakdown for Washington County? Did it pass there? If so, by how much?

Posted by Dan 04/16/2007 11:18 AM

The county breakdown on M37 voting is here.

Of course, Eric long ago pointed out this type of side effect would be likely. And, human behavior being what it is, we are seeing the neighbor-against-neighbor battles starting to pick up steam.

Here is a book chapter in an applied ecological economics text. It is about property rights and the environment, and it is instructive about this very issue.

Keep up the good work, Eric.

Posted by Eric de Place 04/16/2007 12:28 PM

Thanks, Dan. And thanks for the link to the voting results. In case others want a quick answer to RMC's question: Washington County voters favored Measure 37 by 60.6 percent --exactly the same margin as for Oregon as a whole.

Recent polling data in Oregon shows a rather stunning backlash nowadays, with far more voters opposing than supporting. But I don't have access to country level data for those polls.