/politics/measure/propertyrights
The Truth About Ballot Measure 49
This blog focuses on Ballot Measure 49 and its many problems and Measure 49's attempt to repeal Ballot Measure 37
news & blog search for The Truth About Ballot Measure 49...
Aug 12, 2007NW Republican
There is a great new Blog dedicated to exposing the lies being told to sell Measure 49 to the voters.
Here is a link to The Truth About Ballot Measure 49
Get over there and make your voice heard. If you have any questions about Measure 49, post them and we'll see if we can get them answered.
Please, we need everyone's participation, otherwise the anti-property rightists are going to win.
Here is a link to The Truth About Ballot Measure 49
Get over there and make your voice heard. If you have any questions about Measure 49, post them and we'll see if we can get them answered.
Please, we need everyone's participation, otherwise the anti-property rightists are going to win.
from the The Truth About Ballot Measure 49 feed...
The first lie the pro-49ers got caught in was the claim that claimants under the current law would only be required to "check a box" under Measure 49 in order to get the rights the pro-49ers promise Measure 49 will deliver.
In fact, the pro-49ers have even gone so far as to claim that Measure 49 doesn't require property owners to re-file anything! Here is what the pro-49ers say on their website:
Oct 3, 2007
In fact, the pro-49ers have even gone so far as to claim that Measure 49 doesn't require property owners to re-file anything! Here is what the pro-49ers say on their website:
Will people who filed Measure 37 claims have to refile again if Measure 49 passes?
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The deceptive ballot title for Measure 49 claims the measure "clarifies" the current law (Measure 37). However, Measure 49 does a lot more than just "clarify" the existing law, it repeals important protections FOR property owners, that exist in the current law. I heard one speaker use this analogy (which I think fits...) "Measure 49 forces you to pay to get your rights back. It's like forcing you to pay the school yard bully to get your lunch back!"
No supporter of Measure 49 will tell you about the fact that Measure 49 repeals the attorney fee provisions under the current law, which says that if you have to go to court to get your rights back, and you win, you get your reasonable attorneys fees. These types of attorney fee provisions are common in the law, especially laws designed to protect civil rights.
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Sep 12, 2007
One of the arguments that pro-49ers make in support of Measure 49 is that Measure 49 provides "[A] streamlined process". If Measure 49 represents a "streamlined process" to the pro-49 crowd, I would hate to see what they would consider to be a "slow process.Under Measure 37 (2004), claimants were guaranteed a decision from the government within 180 days (that deadline was extended to 540 days for claims filed after November 1 of 2006).
But under Measure 49 there is no requirement that the government EVER make a decision on your Measure 49 claim.
First, in Section 4 of Measure 49, the 180-day guarantee of Measure 37 is repealed. So the only time-certain guarantee for property owners is repealed completely.
Then, in Section 8.(6) of Measure 49, says
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Do you know who this guy is? He is the poster child for the Measure 49 campaign. His name is Dick Day. He lives in rural Yamhill County. He is a registered Republican (although we understand his wife is a Democrat Activist in Yamhill County) and allegedly voted for Measure 37 (of course, no one will ever know the truth about that, will they?).
He is not a farmer. He is an insurance agent. He owns his own insurance company called Day & Associates located in Sherwood, Oregon. He lives out in the country, enjoys the country lifestyle and culture, apparently wants his daughters to be able to live out in the country.
He is not a farmer. He is an insurance agent. He owns his own insurance company called Day & Associates located in Sherwood, Oregon. He lives out in the country, enjoys the country lifestyle and culture, apparently wants his daughters to be able to live out in the country.
He moved out into the country in 1986. He wants to divide a couple of lots off his property, maybe give them to his daughters, maybe sell them for his retirement. His neighbor, whom he now complains about, has lived on his property since 1962, and wants to sell his property for his reitrement. But Dick Day doesn't want that to happen. This is the face of a NIMBY.
Anyway, Dick Day is also a Measure 37 claimant and he supports Measure 49. In the July 12th, 2007 edition of the Portland Business Journal...
Aug 31, 2007
Anyway, Dick Day is also a Measure 37 claimant and he supports Measure 49. In the July 12th, 2007 edition of the Portland Business Journal...
Supporters of Measure 49 claim that Measure 49 will "extend" benefits to surviving spouses.
Read the text of Measure 49 and decide for yourself:
Section 21.(2) of Measure 49 says:
(2) if the claimant is the surviving spouse of a person who was the owner of the property in fee title, the claimant's acquisition date is the date the claimant was married to the deceased spouse of the date the spouse acquired the property, whichever is later
This hypothetical will help you understand how Measure 49 works.
Suppose Husband purchases property in 1960. In 1970, Husband marries Wife and Wife moves onto the property with Husband. In 1980, Husband adds Wife's name to the deed to the property. In 1990, Husband dies. On January 3, 2008, Wife makes a claim for compensation.
Under current law, because Wife moved onto the property in 1970, she became an "owner", which means the rights she is entitled to are the rights on the property in 1970.
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Read the text of Measure 49 and decide for yourself:
Section 21.(2) of Measure 49 says:
(2) if the claimant is the surviving spouse of a person who was the owner of the property in fee title, the claimant's acquisition date is the date the claimant was married to the deceased spouse of the date the spouse acquired the property, whichever is later
This hypothetical will help you understand how Measure 49 works.
Suppose Husband purchases property in 1960. In 1970, Husband marries Wife and Wife moves onto the property with Husband. In 1980, Husband adds Wife's name to the deed to the property. In 1990, Husband dies. On January 3, 2008, Wife makes a claim for compensation.
Under current law, because Wife moved onto the property in 1970, she became an "owner", which means the rights she is entitled to are the rights on the property in 1970.
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