University law professors will try to explain what’s next for Measure 37 at a discussion tonight at the Knight Law Center.
The discussion is in response to the decision by Marion County Circuit Judge Mary James, who on Oct. 14 found the land-use law unconstitutional. Measure 37 allowed landowners to be compensated when new land-use laws restricted their ability to develop their land. Governments could either pay landowners or waive the law and allow them to develop as they could when they acquired their property.
James found the law unconstitutional on multiple grounds, saying it created two classes of land owners: those who acquired their land before the law went into effect and those who acquired it afterward.
The ruling is expected to be appealed.
With many of the issues surrounding the law in limbo, speakers will discuss the implications of the ruling and where Measure 37 and land-use planing in Oregon are headed.
The discussion is entitled “First Thoughts on MacPherson – What’s the Fate of Measure 37?” Hector MacPherson, a former state senator, was the lead plaintiff in the case.
The discussion is being put on by the Sustainable Land Use Project, a component of the University Law School’s Environmental and Natural Resources Program.
Jonathan Evans, a law student and Sustainable Land Use Program fellow, hopes the discussion will help create a broader forum for the community to discuss land-use planning and will help educate people on the issue.
“Measure 37 is the pre-eminent land-use topic in Oregon,” Evans said. “We hope the discussion will begin to create a public dialogue about solutions that will serve the interests of all Oregonians, not simply a limited few.”
Evans thinks much of the current debate has only fostered more division.
“There’s a lot of rhetoric that has been put forth from property rights advocates and others that doesn’t try to find solutions that are positive to the whole community,” Evans said.
Planning for the discussion came together quickly in the week after the decision because of the students and faculty’s devotion to the subject, Evans said.
“We have a lot of very interested and engaged students and faculty,” Evans said.
Law professors Tom Lininger, Garret Epps, Keith Aoki and Keith Hirokawa will speak. Speakers will give their thoughts and then take questions from the audience.
The discussion will be at 7:30 p.m. in room 142 of the Knight Law Center and is free and open to the public.

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