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59 °F Forecast | Road Cams Saturday, October 9, 2004 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics Tempo AP News Weather Classified Archives Site Map SPECIAL SECTIONS Since We Asked Outdoor Journal Menu Guide How To Guide Wellness Connection Readers' Choice Real Estate Showcase Joy Magazine Homelife Magazine Wedding Guide Rogue Valley's Finest EXTRA Newspaper in Education Personals Movie Times TV Times E The People MARKETPLACE Find a Car Find a Home Find a Job Classifieds Place an ad eSouthernOregon Automotive Communities Entertainment Publications Recreation Calendar CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit Network Affiliate Oregon Road Conditions & Cams Email Story to a Friend September 10, 2004 Property near this Ashland subdivision, now zoned as farmland and planned for a golf course, could become more houses if voters pass Measure 37, a property rights initiative, in November. Mail Tribune / Bob Pennell Land-use confusion Measure 37 could bring simple economic freedom to property owners, or it could unleash the dogs of urban sprawl By DAMIAN MANN Mail Tribune Instead of a championship golf course, the Billings Ranch near Ashland could become a subdivision with 640 houses if voters approve a property rights initiative this November. "On a purely financial basis, the Billings family would be fools to go on with the golf course," said Mike Peru, managing partner for the Billings Ranch Golf Group. However, despite the bureaucratic obstacles the family has encountered recently, Peru said, it still wants to build the golf course even if the measure passes. "They are more community- oriented than people think," he said. Measure 37, opposed by land conservation groups and supported by Oregonians in Action, would force government agencies to either compensate some landowners for restrictive zoning laws or allow them to develop their properties. In Jackson County, it is unclear how many properties could qualify under a measure that would make it easier for families to develop land that they have owned for a long time. Advertisement The Secretary of State’s Office has estimated the measure would cost $344 million per year in administrative costs to settle disputes between governments and landowners. Ashland Mayor Alan DeBoer predicts dire consequences if the measure passes. "The impact of this will destroy the state," said DeBoer. "We hope the voters are smarter than that." Peru, who supports the measure, said this would increase the value of the 140-acre Billings property from about $1.5 million as farm land to about $70 million as a subdivision with about four homes per acre. Plans for the golf course have stalled because Peru says the development needs access to 9.2 acres of county land along the environmentally sensitive Bear Creek corridor to make it a championship course. If nothing else, Peru hopes the threat of the measure puts a fire under government officials to let the Billings family use the county land. "It might put some pressure on these people to get after this," he said. DeBoer said the Billings property offers the perfect example of what could happen if the measure passes. He believes that even if the measure passed, it would be repealed after voters realized its down side. He said the measure would allow the Billings family to force the city of Ashland to bring it into the urban growth boundary, setting the stage for a large subdivision. DeBoer said the Billings property was at one time within the UGB. He said the measure would spawn legal entanglements throughout the state, overturn zoning restrictions and destroy Oregon’s history of curtailing the kind of sprawl that has overrun California. Measure 37 would allow many property owners to claim the value of their land has been devalued by zoning changes. "It will end zoning as we know it," he said. Commissioner Jack Walker, who supports the initiative, said Measure 37 came about because of property owners’ frustration with government bureaucracy that prevented development of private property. "If government is not trying to solve these property rights issues, the initiative process has to be done," he said. "We have got to do something about violating so many people’s property rights." Walker said the Billings ranch situation shows how difficult government makes things for property owners. "Government throws every wrench into the gears possible to slow these projects down," he said. Walker thinks the measure has been clearly written and would be able to meet any legal challenges thrown at it. Commissioner Dave Gilmour, who opposes the measure, disagreed, saying it is badly written and is wide open to interpretation. Under one interpretation, the measure would only affect properties that have been in the same ownership since before land-use laws were written, he said. But under another interpretation, Gilmour said, "It could literally mean any land-use law." In other words, people who have purchased houses or property say, five years ago would not be subject to any new land-use laws, he said. "It depends on whether you take a liberal or conservative interpretation," he said. "If something is so badly worded that you don’t know what it means, you should vote against it." Steve Rinkle, a lawyer for the county, said he expected the measure could trigger legal challenges, citing the opposition from the land conservation group Thousand Friends of Oregon. He said the measure raises many questions over interpretation, and the county so far hasn’t made a determination of its potential impact. Rinkle said the measure makes statutory changes to Oregon law, but isn’t a constitutional amendment. "That means the Legislature can go ahead and amend it," he said. Reach reporter Damian Mann at 776-4476, or e-mail [email protected] Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2004 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback ADVERTISERS A D V E R T I S E R S SPECIAL SECTIONS Auto Finder Job Finder Home Finder Joy Magazine Homelife Magazine Tempo Readers' Choice Real Estate Showcase Since We Asked Outdoor Journal Moving to Southern Oregon? Volunteer Opportunities