Post-election Measure 49 kudos and calumny

First, the kudos. Which I'm forced to offer to myself, since my marvelously precise prediction about how the vote on Measure 49 would turn out hasn't received the non-Brian praise that it so obviously deserves.

Back on November 2, I said that 63% of Oregonians would vote "yes" on 49. And so it (almost) came to pass on November 6, with the latest results showing a 62% approval.

So Brian, congratulations.

Why, thank you, Brian. On behalf of Brian, who happens to be me, I accept this public acclamation and all that comes with it.

Dude, this is just a freaking blog post. It's barely "public." And nothing comes with it, except the satisfaction that comes from giving praise where praise is due. Namely, from me to you, Brian to Brian.

Now, the calumny. Which is beginning to show up from die-hard Measure 37 zealots who refuse to recognize that the people of Oregon overwhelmingly approved the fix of Measure 49.

Land Use Watch just reported that a Douglas County commissioner is ignoring the law. He's spouting off that every Measure 37 claim is vested, so can continue on as if Measure 49 doesn't exist.

That's absurd. Read my recent post about vesting and you'll see why.

This Roseburg newspaper story shows that both the county planning director, Keith Cubic, and the commissioner, Doug Robertson, either are clueless about vesting or (more likely) are letting their political views interfere with their duty to uphold the laws of Oregon.

That's disturbing. So I'll end on a positive note – more praise of me.

In my pre-election prediction post I said:

We're not going to see the same sort of urban-rural split as in 2004. I'm predicting that a majority of Oregon counties are going to say "Yes" to Measure 49.

Check out this map of the counties where a majority of voters said "yes" or "no" to Measure 49. Twenty-two counties are in the Yes camp, and just fourteen in the No.

Right on, Brian! Thank you, Brian.

Comments

[HarryVanderpool]

Well, It seems quite obvious to me that our next duty to Oregon is to keep a sharp eye on a few knucklehead commissioners and take action when they snub our laws.
Or, as my uncle says, "Sharpen up your steel-toed cowboy boots, take a 20' running start, and KERR-THUDD!!! right in the gonads when necessary. (figuretivly speaking, of course)
Truth will prevail. Measure 49 is the law of the land.

[Richard]

Oregon case law on the issue of vested rights, states that “when development has reached a certain stage,” the property owner has acquired a vested right “to continue the development and subsequently to put the use to its intended function.” Clackamas Co. v. Holmes 265 Or. 193, 197 (1973). Four requirements are considered in determining if a vested right has been established:

A. The ratio of prior expenditures to the total cost of the development,

B. The good faith of the landowner in making the prior expenditures,

C. Whether the expenditures have any relationship to the completed project or could apply to various other uses of the land, and

D. The nature of the project, its location and ultimate cost. Eklund v. Clackamas County 36 Or.App. 73 , 81 (1978).

Property developed under the common law vested right option is not transferable.

The problem I guess is: does anyone in Douglas County even care?

[R Blog]

Since no one seems to have mentioned it and because you are shy about your contribution to this effort, I think you and Laurel deserve major props for putting it out there and taking on the developer/neighbors. Great example of involved citizenship.