By RAELYNN RICARTE
News staff writer
September 28, 2007
 

Rep. Brian Clem, D-Salem, believes the premise behind Measure 37 was “flawed” because landowners are already compensated for restricted use of agricultural lands.

He told the Hood River Valley Residents Committee on Sept. 23 that $4.9 billion in property taxes had been deferred by the state and local governments in the last 30 years. He said farmers and foresters began receiving a tax break after Oregon enacted laws to preserve resource lands in the 1970s.

Clem told HRVRC members at the briefing that he supports Measure 49 with a full understanding of farming challenges.

Clem married into the Azusa Suzuki family of Parkdale. He and wife, Carol, spend two months each year working in the 80-acre orchard. He said the family qualified to file a Measure 37 claim but chose not to take that course of action.

Clem said recent poll results show the majority of Oregon voters turning away from Measure 37. He said 70 percent of the respondents in one new survey indicated that the existing law needed to be repealed or changed.

He said Measure 49, which he helped draft, is intended to balance the protection of property rights with preservation of resource lands.

“Measure 49 really is trying to honor what the campaign commercials and voters pamphlet for Measure 37 said,” Clem said.

He believes Measure 37 gained a sympathetic vote because advertisements portrayed farmers who were unable to carve off a slice of their acreage for a child’s home.

The law was approved by 61 percent of voters statewide in 2004, and by a 54 percent margin in Hood River County. The initiative authored by Oregonians in Action, a property rights advocacy group, allows landowners to request compensation from a government agency for regulations that reduce the market value of their property.

In lieu of making that payment, the agency can restore the use allowed when the current owner acquired the parcel.

Clem said 7,500 Measure 37 claims have been filed statewide. He said Oregon’s agricultural lands and watersheds are now threatened by proposals for massive subdivisions, commercial enterprises and industrial operations.

He said Measure 49 was crafted after the legislature was unable to reach a compromise acceptable to Republicans during the spring policy-setting session.

So, Democrats on the Joint Committee for Land Use Fairness, of which he was a member, decided to bring the issue before voters on Nov. 6.

“Measure 49 is not a perfect measure but it’s good considering the politics we had to deal with and the fact that Measure 37 was a voter-backed initiative,” said Clem.

He said if the referendum fails it will be almost impossible to roll back any of the development potential granted by Measure 37.

He said an indirect effect of retaining the current law is the economic hit that will be taken by businesses such as Diamond Fruit Company. He said the Odell plant is a co-operative venture and would lose out financially if its farmer-members converted orchards to home sites.

“All that’s on the table is ‘status quo’ or Measure 49 — there is no other option at this point,” said Clem. “That’s the seriousness and gravity of the situation.”

Clem said Measure 49 would grant one to 10 homes on qualifying properties around the state. However, in areas identified as high-value farmland, such as the Hood River Valley, a maximum of three new lots could be created. The proposed law requires these lots to be no larger than two acres.

Clem said, unlike Measure 37, development rights can be transferred to a new owner under Measure 49 but must be used within 10 years. Commercial and industrial uses of property will be banned outright under the proposed law.

“Measure 49 is still going to make some people wealthy, there’s no way around it,” he said.

Clem expects opponents of Measure 49 to spend more time “picking it apart” than defending Measure 37. For example, he said Democrats are being accused of drafting the framework for Measure 49 without any public hearings. He said while citizen comment was not taken on House Bill 3540-C, the legislation that refers the issue to voters is the result of nine public hearings held by the Land Use Fairness Committee.

According to Clem, the bottom line of Measure 49 is that it provides long-term protection of farmland, forest and areas where groundwater is limited.

He said new rules to protect these resources could be enacted under Measure 49 without the possibility of more claims. He said Measure 37 allows claims to be filed when new regulations are imposed except when necessary to comply with federal laws or address health and safety issues.

“We’re dealing with the entire backlog of claims in one fell swoop with Measure 49 and that is it,” he said.

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Following Clem’s briefing, Jonathan Graca, HRVRC executive director, urged members to join the campaign for Measure 49. He said neighborhood canvassing; letter writing and phone bank opportunities were available. He can be reached for more information by calling (541) 490-3618 or e-mailing jonathangraca49@gmail.com.