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Mail Tribune / Roy Musitelli MEASURE 37: ONE YEAR LATER Since November 2004, dozens of claims have won approval: what happens next is up to the courts By DAMIAN MANN Mail Tribune Travis Corbin and his father have discovered that being the first to get a Measure 37 waiver in Jackson County wasn’t any reason to celebrate. Since their February approval, they still haven’t been able to build on their 1.19 acres near Phoenix on Cabbage Lane. "Our water table’s too high, and they don’t want us to put in a septic system," said Corbin, whose 70-year-old father, Fred Corbin, has owned the property since 1967. Now with uncertainty about the fate of Measure 37, Corbin and 88 other property owners with claims approved by Jackson County have got new worries as the courts debate the legality of the property rights initiative passed by 61 percent of the voters in November 2004. "I think everybody’s afraid the carpet is going to be pulled out from under them," said Corbin. Advertisement But Corbin is one of the few property owners who have actively pursued a claim. Since the property-rights initiative became law a year ago on Dec. 3, only 17 of the property owners with approved claims have followed through with applications for buildings or subdivisions in the county planning department. "Not much came out of it, even though everybody was saying it was going to destroy the state," said Sams Valley resident Carl Christy. He has applied for a building permit for a house and shop on his 5-acre parcel. "They (the county) say it’s a go, but who knows?" he said. Measure 37 gives property owners the right to file a claim with a government agency if they believe regulations have resulted in decreased property value. The measure requires governments to either pay for lost property value or provide a waiver of the offending land-use regulation. Even though it hasn’t changed the landscape of Jackson County, the property-rights initiative kicked up a lot of dust among county and city officials and the courts, finally leading to an October Marion County Circuit Court ruling that it was unconstitutional. The Oregon Supreme Court is scheduled to hear an appeal of that decision in January. In addition, the city of Ashland sued Jackson County recently in a case that could challenge the legitimacy of claims that had been approved in Jackson County. The county sent affected property owners a letter that cautions them about the potential legal pitfalls if they decide to go ahead and build on their property. While the county believes that claims already approved are valid, the state Department of Justice has said the waivers have no legal standing until the Supreme Court makes a decision. The Department of Justice also thinks the county doesn’t have the authority to approve a building or some other use based on a previously approved claim. While the effects of Measure 37 may not have been dramatic, Brent Thompson, president of the Friends of Jackson County, said the potential for damage was still there. "We haven’t even come close to seeing the (worst)," he said. Thompson believes landowners of large properties were waiting to see how Measure 37 played out before filing claims. "It was basically just the mom and pop claims to start with," he said. Despite uncertainty about the fate of the property rights initiative, Betty and Woody Hiltz are ready to push ahead with their Measure 37 claim and break off six one-acre lots from their 10-acre parcel on Dodge Road in Sams Valley. "I’m going to go for it," said Betty, 72. "This is our last chance." Their application to subdivide their property is being reviewed by the county Planning Department. "If we get the approval of the Planning Department we’re going ahead," said 79-year-old Woody, who bought the property in 1964. However, in light of the letter she received from the county last week, Betty said she will contact an attorney before she goes to the expense of building on one of the lots she will be subdividing from her property. "We’re just going to continue like it’s OK," she said. While the Hiltzes believe they can make it work, Corbin has the feeling that time is running out. "If we haven’t done anything before something big and final comes along, they won’t let us go through with it," said Corbin. Reach reporter Damian Mann at 776-4476, or e-mail MEASURE 37: ONE YEAR LATER ">[email protected] . Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2006 Mail Tribune, Inc. All rights reserved. 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