Update: February 21, 2006:
OREGON SUPREME COURT UPHOLDS REGULATORY TAKINGS COMPENSATION LAW
"We won. The Oregon Supreme Court overturned the Circuit Judge decision which held Measure 37 is unconstitutional," were the exultant words in Bill Moshofsky's e-mail to Carol LaGrasse today!
Bill Moshofsky and Oregonians in Action had been forced to court again to defend the successful Measure 37 establishing regulatory takings compensation in Oregon as a result of the November 2004 landslide referendum victory. The law that passed in this referendum had been meticulously designed to overcome objections raised in earlier litigation challenging the regulatory takings compensation referendum that had passed previously.
For the full story of the abysmal state of regulatory overkill in the State of Oregon, the 2004 referendum, and the subsequent litigation, see "Regulatory Takings CompensationThe Successful Oregon Measure 37 Referendum," by Bill Moshofsky, President of Oregonians in Action, a speech to the Ninth Annual National Conference on Private Property Rights held by the Property Rights Foundation of America in Albany, N.Y., on October 22, 2005. The full speech is posted on the PRFA web site: prfamerica.org
The Oregon Measure 37 has been used as the model for the regulatory takings compensation provisions on The Endangered Species Act Reform Act, known as the Pombo bill, which passed the U.S. House of Representatives last fall and awaits action in the U.S. Senate. Small property owners throughout the country had rallied to support the inclusion of this true Takings compensation provision in the final bill, to finally give them fair treatment instead of the open-ended, confusing regulation imposed under the Endangered Species Act.
"Now that the Oregon Measure 37 has been declared constitutional by the state's highest court, devotees to the importance the private property rights should be encouraged to redouble their efforts toward enacting similar provisions at the federal level and states throughout the country," said Carol W. LaGrasse, the President of the Property Rights Foundation of America, the grassroots national organization based in Stony Creek, N.Y.