Figures. Those who brought Oregon the unfairness of Measure 37, which elevated the property rights of a few over the rights of the many, are at it again – fighting Measure 49 unfairly.
This is a much-needed fix for Measure 37 that's going to be voted on in November. It limits large subdivisions and protects our state's farms, forests, and groundwater.
The ballot measure language drafted by the 2007 legislature says just this. But truthfulness isn't part of the Oregonians in Action game plan. So they've filed suit in federal court challenging the language that'll be on the ballot.
I read the lawsuit. I couldn't find where they quoted HB 3540 (which became Measure 49) and showed how the ballot measure language is at odds with the bill. There's just a bunch of verbiage about the language being inaccurate, unfair, and underhanded.
Methinks the pot is calling the kettle black.
The Measure 49 ballot measure language says:
RESULT OF 'YES' VOTE: 'Yes' vote modifies Measure 37; clarifies private landowners' rights to build homes; extends rights to surviving spouses; limits large developments; protects farmlands, forestlands, groundwater supplies.
RESULT OF 'NO' VOTE: 'No' vote leaves Measure 37 unchanged; allows claims to develop large subdivisions, commercial, industrial projects on lands now reserved for residential, farm and forest uses.
Exactly right. I've read every word of HB 3540. I've read an accurate summary of how Measure 49 works. The legislature's language is true; the opponents aren't willing to face that truth head-on.
Over on a NW Republican blog post about Measure 49 someone commented, "Have you read the ballot title? It might as well ask voters 'Do you love your mother?'"
Well, the ballot title is:
MODIFIES MEASURE 37; CLARIFIES RIGHT TO BUILD HOMES; LIMITS LARGE DEVELOPMENTS; PROTECTS FARMS, FORESTS, GROUNDWATER.
Yes, Oregonians do love their mothers. They also love farms, forests, and groundwater. And they don't want large developments to destroy what they love. So you can see why Oregonians in Action is afraid of telling Measure 49 like it is.
The Yes on 49 folks make it easy to read factual information about Measure 49. They have the stories of real people who are being harmed by Measure 37 claims. By contrast, OIA just throws out emotionality that has no basis in fact.
One example: they keep saying that the "express lane" option of Measure 49 won't really allow Measure 37 claimants to build 1-3 homes on their property. The most recent OIA newsletter stretches the truth like taffy:
While the supporters of Measure 49 will tell you that it's easy to qualify for three homesites under Measure 49, they are wrong. In fact, very few claimants will qualify for three homesites under the bill, and if the Oregon appellate courts interpret Measure 49 in the way they should based on how the bill was written, no property owner whose land is zoned for exclusive farm use (EFU) will qualify for three homesites. This point should be clear – if the Oregon courts read the law as it is written, NO ONE ON EFU ZONED LAND WILL QUALIFY FOR THREE HOMESITES.
Have you no shame, Dave Hunnicutt and comrades? That's two big "If's" in three sentences. Please, talk about Measure 49 as it is written, not about how your conservative little minds envision Oregon courts ruling on it.
The language of HB 3540 is clear. A Measure 37 claimant qualifies for up to three home sites if their waiver entitles them to the number being requested. All they have to do is supply a few pieces of information to the state. Their claim isn't "wiped out," as OIA falsely says.
I am very happy they are bringing this suit. I am even happier that they are doing so in federal court.
Now they will have to come out and state exactly how the ballot title is inconsistent with the provisions of the Measure. I followed this bill through the legislative process; I have done line by line analyses of the Measure to identify where OIA finds the evidence it rattles off about the Measure.
Now they have to tell us, well before the election, and well before their advertising campaign begins, just what it is that is wrong, misleading, and unconstitutional about the bill.
They won't be able to toss out misleading, inaccurate, and wilfully misleading statements to frighten voters.
Each and every time someone says there is no fast track and that a person will not be able to build the one to three homes the Measure provides for, I ask, and I ask repeatedly, SHOW ME WHERE IN THE MEASURE I CAN FIND THE WORDS, PROVISIONS, AND/OR SECTIONS OF THE MEASURE that support their kneejerk responses.
So far, no one, not one single person or group has been able to answer this very simple statement. If it is so easy for them to find, it really ought to be easy for them to point out to a poor dumb person such as myself.
The Measure 49 opponents are running scared. This is excellent news for the clear majority of Oregonians who want to have the property rights of everyone in this state preserved.
And are going to vote for Measure 49 this November.