Peter Morgan: Measure 49 makes Measure 37 work
Peter Morgan’s just the kind of “little guy” Measure 37 was supposed to help.
But it didn’t turn out that way, and now Peter’s pinning his hopes on Ballot Measure 49.
“Measure 49 is a compromise that gives me what I need. Without the transferability rights that Measure 49 provides, I effectively don’t get anything from Measure 37,” Peter says.
Peter didn’t vote for Measure 37 because he saw it as a thinly veiled attempt to gut Oregon’s land use laws. When the measure passed, however, he reluctantly thought “why not take advantage of this.”
Nearing retirement age, Peter says he’d been looking for a way to take out some equity.
That’s when his troubles started.
Peter in 1973 purchased in 140 acres near the community of Neskowin in southern Tillamook County. The defunct dairy farm consisted of 40 acres of farmland zoned for 20-acre residential parcels and 100 acres of timberland.
He briefly considered the farming but decided the task was too daunting. He went to work as a carpenter instead.
In the two years after he purchased the property, Tillamook County put together its land use plan, a process Peter didn’t pay much attention too.
He’d always toyed with the idea of developing some home sites on the property, but didn’t pursue the idea and instead logged the 100-acres of timberland.
When 37 passed, however, he went ahead and filed a claim for 16 lots on his property. Peter says he only wanted to see three or four sites on his property, but his advisors urged him to apply for more. The county granted the claim.
But that is as far as Peter has been able to move under Measure 37.
Measure 37 doesn’t provide a path for people to transfer their development rights or ownership of a home built with a Measure 37 claim.
Although Peter can build a home for himself, he can’t sell a lot or build a home to sell because no one else could purchase the lot or home.
Measure 49, however, would allow him to parcel two lots and sell them, just like any other regular piece of property.
Measure 49 gives Peter the flexibility to get some value out of his property, something the allegedly pro-property rights Measure 37 failed to do.
“It is a compromise and that’s what life is about. I realize that there is a need to set aside farmland and forest and not to let it all get developed. At the same time, if Measure 49 passes, I finally will have the ability to take out a little equity on my property,” he says.
Posted on September 21, 2007. Oregon Stories

