Bowers v. Whitman

Ninth Circuit Upholds Oregon’s Measure 49 Against Takings Challenge

Seven years ago, Oregon’s voters enacted Measure 37, a ballot initiative that essentially threatened to end all land use controls in the state.  Measure 37 stipulated that any land use control that reduces someone’s property values must be compensated by the state, an extraordinary principle that threw the state’s land use system into chaos.  Three …