Oregon at a Crossroads: Where Do We Go from Here?

By MacLaren, Caroline E. K. | Environmental Law, Winter 2006 | Go to article overview

Oregon at a Crossroads: Where Do We Go from Here?


MacLaren, Caroline E. K., Environmental Law


I.   INTRODUCTION
II.  WHY PLAN?
III. WHAT THE MEASURE MEANS
     A. Meaning of the Measure: Provisions, Exceptions, and Ambiguities
     1. Determining Restriction on Use
     2. Calculating Reduction in Fair Market Value
     3. Waiver
     4. Exemptions
     5. Ambiguities and Other Difficulties
     B. Implications for Land-use Planning in Oregon: Now and Future
        Chilling Effects
IV.  OREGON'S FUTURE
     A. Addressing Fairness and "Regulatory Takings": Transferable
        Development Credits
        1. How Do TDC programs work?
        2. Application to Measure 37
     B. Addressing Community Planning: SB 82 and the Task Force on
        Land-Use Planning
        1. First question: Where should the "Big Look" look?
        2. Second question: Who should do the looking?
        3. The third question: How should we look?
        4. Finally, question four.. What should the 'Big Look at
V.   CONCLUSION

"What is the use of a house if you haven't got a tolerable planet to put it on?"

Henry David Thoreau (1)

I. INTRODUCTION

With the adoption of Senate Bill 100 in 1973, Oregon became a pioneer in comprehensive land-use planning. Designed to manage population growth, promote economic development, and protect farm and forest lands for resource uses, Oregon's land use planning program has enhanced Oregonians' quality of life. In so doing, we created an Oregon that is more than tolerable; we created an Oregon that has attracted one million people, countless businesses, and the admiration of other states in the last thirty years. (2)

At the core of Oregon's land-use planning program are its people--of the nineteen goals that guide Oregon's planning objectives, Goal 1 is citizen involvement. Through the actions of individual Oregonians, businesses, and local and state governments, Oregon has achieved remarkable successes. Uncoordinated and leapfrog development has been stopped, providing opportunities to build and strengthen livable communities. Agricultural and forest lands that the rest of the nation has lost to urban and rural sprawl are the base of a growing and sustainable economy for family farmers, ranchers, and timber owners. Access to scenic and natural areas--the beaches, mountains, high desert, and rivers--has been protected.

Over the past thirty years, land-use planning in Oregon has evolved, but its purpose remains the same: to protect the characteristics that make Oregon unique and a place we want to call home, even as the state continues to grow.

Measure 37 and the regulatory takings movement threaten to unravel these accomplishments. As of October 1, 2005, some 2,500 claims had been filed with the state and local governments. (3) Twelve hundred of those claims have been filed with the state seeking $2.2 billion in payments, (4) or--in the alternative--the right to build thousands of houses and millions of square feet of commercial development on farm and forest lands to the detriment of those who surround them.

II. WHY PLAN?

Responsible land-use planning meets the needs of its community by protecting rural lands and improving the built environment within towns and cities. By containing large-scale economic development (other than natural resource-based industries such as agricultural and timber production) within urban growth boundaries and rural development zones, (5) responsible land-use planning can reap the benefits of growth without destroying communities or the countryside. Investments in infrastructure are concentrated, saving taxpayer dollars and increasing livability. (6)

Land-use planning embraces the creative pragmatism that has attracted people to Oregon since the days of the Oregon Trail. Oregon, like many other states, has natural beauty: the mountains, beach, and high desert. What separates Oregon from other states are the decisions we make to preserve our home. The Beach Bill, Bottle Bill, and Oregon Land-Use Planning Act, are all examples of a deep land ethic and willingness to do things differently for an improved today and a better tomorrow. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • A full archive of books and articles related to this one
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Oregon at a Crossroads: Where Do We Go from Here?
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.