How does Measure 49 affect my claim?


   With changes on the horizon, careful planning may be the best option for existing measure 37 claimholders.  No matter what stage of the land use process you are at, the introduction of Measure 49 will likely have an impact on your claim.  The best case scenario is that you have achieved “common law vesting” of your project and are able to continue after new legislation takes effect on December 6^th, 2007.  Those claimholders who have not or cannot become vested must take this time to analyze their options with Measure 49, and possibly adjust their plans to conform to the new law.

 
Measure 49 changes your rights afforded under Measure 37 to include the following:

·         Eliminates all commercial uses.  (This includes bulletin boards, commercial buildings, churches and public buildings.)

·         Reduces the opportunity for residential partitions to a maximum of 3 dwellings (including any existing dwellings) on any land zoned agriculture or forest or is considered “high value.”

·         Reduces the maximum residential partitions to 10 for non-high value farmland where a reduction in value can be documented by using a formal appraisal system.*

·         Reduces the total number of residential partitions per applicant to 20.

·         Requires that the applicant pay all attorney costs for claims surrounding Measure 49 application, including appeals, even if the applicant prevails.

·         Requires that the applicant choose a development path with Measure 49 and by doing so forfeit their right to change course after a selection is made.

·         Requires that all waivers be issued by DLCD and not the county, giving the state more control over how waivers are processed.

·         Eliminates the possibility for future waivers based on new laws being enacted.

·         Fixes transferrability issue for new or converted Measure 49 claims.

 

As you can probably see, these changes are important for all existing Measure 37 claimholders.  Many claimholders have already invested heavily into their project under Measure 37, and now they are finding that their options have changed substantially.   Many claimholders will need to redesign their partition or subdivision to qualify under the new law.

In addition to the changes that are apparent from the measure itself.  There are many aspects to this new law which are still being clarified.  For example,  each county must develop a process for determining vesting under common law vesting criteria.  Several counties have adopted ordinances recently to help answer this question.  Significant dollars can be invested in vein if you don’t understand your rights and how they may be impacted by changing legislation.  For those who do not have a planner or attorney helping guide their project, now would be a good time to find a local representative that can assist you with your land use efforts.  Please look under the “resources” page to find help in your area.  E-mail info@measure37.org for more information about resources.

* Although difficult to achieve, in some cases more than 3 homesites can be established under Measure 49.  For help understanding the criteria and your chances for eligibility, please contact info@measure37.org.