As explained in a previous post, many landowners that have received Measure 37 waivers are attempting to "vest" their claims under the law as it existed prior to the passage of Measure 49 rather than proceed under the new law established by Measure 49. The reason for this is that Measure 49 is far more restrictive than Measure 37 was, and allows a claimant to pursue only a limited number of units.

Not all Measure 37 claims for large subdivisions are dead. When Measure 49 passed it gave existing Measure 37 claimants three options:

1. The "Express Lane" gives a claimant a right to up to three houses provided that was allowed when the property was purchased;
2. the "Conditional" path gives claimants a right to build up to 10 houses provided they can show that they have actually lost that much money; Or
3. the "Vested Rights" path. If a claimant could show that they had proceeded far enough in the development of their subdivision or other land use that they had obtained a common law vested right to continue that use, then they could keep the rights they received under their Measure 37 claim.

Early reports from DLCD indicate that the vast majority of claimants are choosing the Express Lane – an easy way to get a few extra houses. However, a few claimants who wanted to develop large subdivisions are attempting to assert that they have acquired a vested right.

The Oregonian has results here. It appears the measure has passed with more than 64% in support. This is a resounding victory... more later.

UPDATE: The final numbers are a little lower at 62/38 which is still greater than the margin M37 passed by three years ago, so this a complete turnaround and then some. The Bulletin reports that M49 passed in Deschutes, Jefferson, and Crook with 55%, 59%, and 52% respectively. Overall, the measure won in 22 counties and lost in 14. Election Maps are here.

(November 1st note: The deadline for mailing ballots in has passed. Voters must now hand-deliver their ballots to ensure they will be counted.)

At its most recent meeting, Central Oregon LandWatch's Board of Directors voted firmly to support Measure 49, making LandWatch the most recent in a long-list of organizations supporting this effort to reform Measure 37 and prevent irreperable harm from coming to Oregon's rural landscape and natural environment.