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- Subscribe - Contact Us - Rate Card - Place an Ad Archives Revels Classifieds Real Estate Menu Guide Wedding Weather Subscribe Contact Us October 14, 2005 Measure 37 overruled A judge today oveturned a voter-passed property compensation law as unconstitutional. Marion County Circuit Judge Mary James struck down the law as violating five provisions of the state and federal constitutions. The law — passed as Measure 37 on the November 2004 ballot — requires that state and local governments either compensate land owners when regulations lower property values or waive the rules. To read more of the story click here Oregon Attorney General challenges county’s land-use position By Damian Mann For the Tidings The Oregon Attorney General’s Office will take on Jackson County in a legal battle over the question of whether Measure 37 claims can be transferred to a new property owner. “Measure 37, as written, does not authorize transferability,” said Kevin Neely, spokesman for Attorney General Hardy Myers. County commissioners had sought a judgment from Jackson County Circuit Court in September to determine whether they were on solid legal ground approving Measure 37 claims and allowing those claims to be transferred to new property owners. “We’re forcing the state or the courts or the governor’s office or the AG’s office to say you’re right or you’re wrong,” said Commissioner Jack Walker, who believes Measure 37 allows for transferability. “There is nothing in it that says you can’t transfer a claim,” he said. “Measure 37 allows you to recover the value you lost from land-use laws.” Because no party initially came Êforward to challenge the county’s court action before the deadline Monday, Circuit Court Judge Dan Harris ruled the county won by default Tuesday. However, Myers’ office has told the court it wants to participate in the legal action, although it hasn’t sent anything in writing yet. Harris has given the state two weeks to respond. Neely said his boss isn’t trying to undermine the will of the people in questioning the transferability of Measure 37 claims. “We are divining from the law what the voters thought they we were supporting,” he said, adding that the language in Measure 37 leaves “a fair degree of uncertainty.” The attorney general’s office, which has filed a similar legal action in Crook County, also would like to get this question resolved. “We would be grateful for some guidance from the courts,” said Neely. Earlier this year, the Myers expressed a written opinion that claims couldn’t be transferred from one property owner to another based on a reading of Measure 37. Walker said he was surprised the court gave the state an extra two weeks to respond, thinking initially that the county had won a victory because no party had contested its legal action. “I don’t understand how a judge could allow them to come if they missed a deadline,” he said. “I don’t think we would be allowed the same consideration.” County Counsel Mike Jewett said the judge’s ruling does provide some victory for the county because it would make it difficult for any local party to sue the county over the issue of transferability. Apart from the state of Oregon, Jewett said the judge’s action means “no one else can come in and broaden the suit.” DailyTidings.com Home Page Archives | Revels | Classifieds | Real Estate Guide | Weather | Subscribe | Contact Us Copyright 2005 Ashland Daily Tidings and Ottaway Newspapers All Rights Reserved Deep Muscle Stimulator Ceramic Piggy Banks FREE Entertainment Guide Women's & Men's Slippers Accelerate Weightloss Products Backpacks Generic Viagra Vegas Travel Guide Search Engine Optimization Sportsbook Absinthe Supply Student Loans Hotel & Airline Reservations African Safari Hammocks Helzberg Diamonds Online Casinos Community Bonus Casino King of Spirits ink cartridges Mortgage Calculator Security Systems Mailing Lists Click Here Advertisement .:Advertisements:. Site Search: RESOURCES - Mail Tribune News - ODOT Road Cams