By Lawrence Hurley – E&E – January 12, 2012

A federal appeals court today upheld an Oregon ballot measure that pared back a pro-development law that originally gave landowners significant power to redevelop their property as they saw fit. The San Francisco-based 9th U.S. Circuit Court of Appeals rejected challenges to Measure 49, which was approved by voters in 2007. It amended Measure 37, approved in 2004, which allowed long-term landowners to obtain waivers exempting them from regulations curbing development. Alternatively, they could obtain compensation from the state for lost value caused by regulations (Greenwire, Nov. 7, 2007). The earlier measure prompted a flood of applications for major developments that led to the amended version, which set limits on the amount of development. In the unanimous ruling on Jan. 12 by a three-judge panel, the appeals court rejected constitutional claims made by supporters of Measure 37, including the argument that the earlier law created a property interest that was then unlawfully taken from landowners by the passage of Measure 49 in violation of the Takings Clause of the Fifth Amendment. JON BOWERS V. RICHARD WHITMAN 10-35966  (9^th Cir.  01/12/2012) Case origin Medford District Court Civil.   To jump to the ruling, click here.