to Academic Research Argument:
A. Reason Behind Topic Argument
Measure 37: The ins & outs, the positive and negative
Beyond just Portland & Oregon
Oregon Supreme Court, local gov’t must go back to laws instated at
time when property was purchased or pay for owners’
land- use staffers will take control of claims that deal with five or less property lots, and commissioners will take control of
claims larger than five.
“When reviewing a claim, the board is limited
to determining a property’s
ownership and whether a regulation
was enforced, restricts use or devalues
the property. The board does not address or review a claim’s impact on
county roads, public services, flood plains, water rights or other
environmental issues of development. All of those issues would be addressed
during any subsequent land- use application.”
Landowner’s Pay $750 in application
County has 180 days to review claim, notify
community, hold a public
hearing & make a decision.
Private property Confiscated By Fed. Gov’t To Boost Economy
Reimbursement Or Not?
Owners’ Doing What They Want With
Changing Landscape Of Communities
Private Property Owners should (not) have
the right to do what they want
with their private land as it says in the Fifth Amendment in the U.S.
#1: Land Taken By Fed. Gov’t To Boost Local Economy.
a. in example of the Kelo case in New London, Conn.
purchased from a private
property owner and sold to a private
party to boost the town’s tax base.
b. Section 24 of U.S. Constitution states that court can determine
what is considered as public use. “Excluded are
benefits of private development, including but not limited
increase in tax base, tax revenues, employment
2. Sub-Claim #2: Makes More Jobs For Community
c. A bill passed in Alabama using U.S. Constitution to allow the
city to condemn private property development to generate tax
d. In Japan a 1 mile long strip on a peninsula they
are in the
process of building an open air mall, which will generate
jobs as well as boost the economy.
3. Sub-Claim #3: Fed. Gov’t Takes Land For Public Good Use
e. In West Linn, Oregon Private property was taken and
turned into a skate park. This leaves the communities
children a safe place to play.
f. Section 24 of U.S. Constitution limits what the courts can say
is good public use and what is not good public use.
B. Sub-Claims: “Cons”:
4. Sub-Claim #4: Owner’s Do What They Want With Private Property.
g. In England Modonna and her Husband have won part of the
battle with Countryside Agency which allows public use of
there estate. Modonna & her husband will not be having
people on their property.
h. Under U.S. Constitution private property owners are
allowed to do whatever they want with their land as long
it follows, city and state regulations.
5. Sub-Claim #5: Changes Landscape Of Land.
i. West Linn, development of Stafford
area will change the last
part of rural
West Linn into condominiums and apartments.
j. Land changes can depreciate surrounding areas with change.
A. Private Property Owners Have Their
B. Gov’t can confiscate the land
and put it to good public use
C. Changing Landscape
A. Who really should be able to decide
what is done with private
B. Could Help Boost Economy
C. Is Measure 37 right or wrong?
Legislature to strengthen private-property rights. 10/24/2005
Court Ruling not end of M37 fight. www.westlinntidings.com 03/01/06
L. Macon Telegraph,The. Southeast Farm Press 9/21/2005, Vol.32
Adapting to the new regulatory realities. The Oregonian. 03/06/2006
Oh! Get off my laaand! www.bbc.com 06/18/2004
Richards. Getting up to speed for Measure 37 claims. www.oregonlive.com 03/02/2006
Private Property Rights Overview. Congressional Digest 01/2005