Northwest Land

Neighbors, Takings and Money Refused — A Roundup of Interesting Landuse Stories

By Dan Richardson, 11-06-06

There are several interesting little property rights stories floating around just ahead of the big vote in the West this week on various Measure 37 spinoffs.

• First... across Ol’ Windy in Skamania County, property developers are threatening to sue the county if it enacts a zoning plan around Swift Reservoir. Their beef? They say that putting in protections after they’ve bought spec land with hopes of building hundreds of houses would be — you guessed it — illegal taking. The threat comes just ahead of Washington’s vote on a statewide takings initiative, I-933.

• Second... Prineville is the first Oregon government to offer compensation for a Measure 37 claim — but is being rebuffed. An elderly couple, the Palins, own a 2-acre parcel along the town’s vista rimrock, and wish to build a retirement home; the city is trying to preserve the area, though. The Palins have filed a Measure 37 claim; they want $195,000, and have rejected city’s offer of $47,450.

But, The Oregonian reports, the fight isn’t about the money: The “Palins don't want Prineville's money. They've made it clear they still want to build their house, even crossing out the "compensation" at the top of their Measure 37 claim and writing in "waiver”.”

• Third... In another new front in the state’s land-use struggle,The Hood River Valley Residents Committee is starting to challenge Measure 37 claims in the valley that conflict with existing farm use. The committee is appealing three claims to the state now, including the Bayless claim that asks that minimum lot requirements be waived so that 332 acres on the Dee Highway can be developed into 232 lots. The push-back is based on neighbors fearing a loss of their existing use were the developments to be allowed.

Wait a minute... Property rights might include those who don't want to develop? Hmmm. Who'd have thought? But, it's a weighty question for Oregon, particularly for places like the Hood River Valley, where 135 Measure 37 claims are in play. Stay tuned.

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