Judge Takes 'Grave and Serious Step,' Blocks Oregon's Takings Compensation Measure

SALEM, OR-City, county and state officials across Oregon are breathing a little easier this morning. Marion County Circuit Court Paul Lipscomb granted their wish yestaerdy and issued a temporary injunction that stops the nation’s most far-reaching property rights measure from taking effect today. Judge Lipscomb described his action as a “grave and serious step,” but also said it is justified because enough questions about the measure to believe it may eventually be declared unconstitutional.

Measure 7, approved by 53% of voters in November, requires “payment to landowner if government regulation reduces property value.” It’s supporters say it will cost government no more than $50 million to $100 million per year. It’s opponents put the annual impact at closer to $5.4 billion because they believe that as many as 90 types of laws – from building height limits to requirements for public restrooms to solid waste disposal restrictions – may qualify for Measure 7 claims.

To get the preliminary injunction, lawyers must convince the judge that Measure 7 would cause “irreparable damage” if allowed to take effect, and that their lawsuit has a “substantial likelihood of success” at trial. Judge Paul Lipscomb’s ruling was in response to a lawsuit filed last week by the mayors of Salem and Jacksonville, and Audrey McCall, widow of former Gov. Tom McCall, who is credited with designing Oregon’s vaunted system of land-use and environmental rules. A second lawsuit challenging the measure’s constitutionality was filed Tuesday in Marion County Circuit Court by the League of Oregon Cities and others.