civilized society,” says Councilor David Kelly.
Societies have always sought to balance private
and public good, Kelly says, “this cuts that to
shreds.”
Since few people want their bedroom win-
dow next to a hog rendering plant or a fast food
drive-through window, cities have long created
zoning rules to restrict what can be built where,
37 opponents point out. Few people want ugly
urban sprawl and traffic jams, so there are rules
to protect citizens against that too.
Supporters of such planning say the rules
actually create and protect far more property
talists and planning supporters to oppose 37.
The opponent PAC has raised more than twice
as much money, mostly in smaller contribu-
tions. But Measure 7 had a similar coalition op-
posed to it and still passed.
Tim Raphael, director of the anti-Measure
37 campaign, says he thinks his group is doing
better this time in urging voters to “take a closer
look” beyond a misleading ballot title calling
for forgoing regulation or paying for reduced
property value. “It’s unfair, arbitrary and ulti-
mately quite costly to taxpayers,” Raphael
says.
‘IT’S UNFAIR, ARBITRARY AND ULTIMATELY
QUITE COSTLY TO TAXPAYERS.’
— TIM RAPHAEL, DIRECTOR OF THE NO ON 37 CAMPAIGN
value than they destroy. A house next to a noisy
bar isn’t worth as much. Few people want to
buy homes in an ugly, unlivable, polluted city.
Governments already compensate owners
for taking property for a public purpose — such
as a new road — but not if regulations just di-
minish property values. If the Federal Reserve
changes it’s monetary rules raising interest
rates, home owners everywhere will see their
property values plummet dramatically. But
there’s no talk of government compensation.
Measure 37 would make Oregon perhaps
the first place anywhere where governments
must compensate property owners for such a
wide range of regulation. Even many staunch
critics of property regulation say that’s too rad-
ical.
City Councilor George Poling says he sup-
ports the idea of compensating property owners
for decreased values, but “I think 37 goes too far.”
Conservative business groups and farm bu-
reaus across the state have joined environmen-
Raphael says the polls are moving in the
right direction even before the opposition cam-
paign has gone into full swing. Unlike in 2000,
this ballot is relatively uncrowded by state
measures, making 37 harder to slip through, he
says. Although, Raphael admits the presidential
race could drown out some of the no on 37 mes-
sages.
Hunnicutt says polls show Measure 37
ahead and the initiative’s chances are even bet-
ter this time because of anger that Measure 7
was overturned in the courts. “Once people
have voted for something, they don’t like to be
asked again.”
If the takings measure passes again, the
courts might provide a backstop. Some lawyers
have questioned whether the unfairness of the
measure would survive an equal protection
challenge. Porn shops could also argue that ex-
empting them violates free speech. But
Raphael says he’s not counting on the courts.
“We’ve got to beat this at the ballot box.” ew
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OCTOBER 7, 2004 13