Opinion Sisters couple supports Measure 37

Last updated Oct 26, 2004 12:0pm0

Eugene and Barbara Prete, Guest Columnists

We are two of the chief petitioners for Ballot Measure 37. In addition to being chief petitioners, we are also victims of Oregon's land use system. We have been married for 42 years. Gene is a retired Lieutenant Colonel having served 21 years in the United States Army.

Barbara's grandfather immigrated from Norway to Oregon as a logger. In 1989, we decided to travel Oregon and visit the areas logged by Barbara's grandfather. While traveling through Sisters, we decided to retire here. In 1990 we purchased property in the Sisters area with the intent to build a retirement home for us and our horses.

The Deschutes County Hearings Officer's decision summarizes what Oregon's land use system has done to us:

"The applicants purchased the property in 1990 with the intent of building a home on it. The hearings officer is aware that at the time the applicants purchased the property, the county routinely approved conditional use permits for nonfarm dwellings on these types of parcels. However, in the early 1990s, partly as a result of an enforcement order issued by the Land Conservation and Development Commission (LCDC) requiring the county to enforce more rigorous siting standards for nonfarm dwellings, approval of nonfarm dwelling conditional use permits became more difficult."

The hearings officer acknowledged that we were willing to take substantial steps toward mitigating the perceived effects caused by our home. Nevertheless, because a bureaucrat in Salem decided to take away our right to build a home, only our horses are allowed to live on our property.

That was 11 years ago. We still don't have the right to build a home on our property, even though we had that right when we bought the property. We can't build a farmhouse, we can't build a non-farm dwelling -- the state has simply outlawed living on our property. Our dreams have been taken from us. All we want to do is live on our property.

Oregonians in Action, of which we are members, argues that it's not fair for governments to regulate away the use and value of private land to provide public benefits. Governments should either compensate suffering landowners, or allow the uses. That's what "Son of 7" requires. (It's called "Son of 7" because it will take the place of voter-approved Measure 7 that the courts threw out on a technicality).

"Son of 7" plugs a legal loophole that now allows governments to use regulatory power to confiscate up to 95 percent of the use and value of private property without compensation. Now, there is no requirement to pay compensation for "partial takings."

"Son of 7" simply puts in place a "compensation" requirement the 1973 Legislature intended to be a part of the regulatory system it adopted, but succeeding legislatures failed to carry out that intent.

"Son of 7" will provide a boost to the economy of the state, more jobs and increased tax revenues for schools and necessary public services, by restoring rights to use and develop property that land use regulations took away.

"Son of 7" will bring balance and realism to land use regulations.

"Son of 7" will force governments to differentiate between land use regulations needed to prevent harm to neighbors and the environment, and regulations imposed to provide public benefits. Under the measure, regulations to prevent harm do not require compensation, regulations to provide public benefits do require compensation.

"Son of 7" protects individual landowners from over-reaching by government regulators who are influenced by special interests.

"Son of 7" is needed to protect private property rights, which are our most basic civil right.

It does not remove existing zoning. Under the measure, landowners must comply with zoning regulations that applied to their land when they acquired it.

Measure 37 will restore and protect the rights of Oregonians.

Eugene and Barbara Prete are Sisters residents, chief petitioners for Measure 37 and members of the advocacy group Oregonians in Action.