Just when Oregonians were almost figuring out Measure 37 passed in 2004, along comes Measure 49. Measure 49 restricts large developments, closing what Oregonians appear to agree were loopholes in Measure 37. There are three basic highlights to Measure 49:

1. There is an "Express Lane Option" which allows property owners that qualify to build one to three home sites on farm land, forest land or areas where groundwater is limited. This option has a relatively simple application process.
2. The "Conditional Path" would possibly allow four to ten homes on land that may not be farm or forest land, or is limited because of its groundwater.It is necessary for the landowner to demonstrate a loss of value from a land-use regulation that justifies the number of homesites being requested.
3. The "Vested Path" will continue an existing Measure 37 claim for a property owner who has already developed the land enough to claim the right to continue and complete the development, with the courts determining whether rights have been vested.

Measure 49 will affect large landowners wishing to subdivide in to many parcels and prime agriculture landowners the most. It will take some time for the Oregon Counties to figure out how Measure 49 will be approached, so if you are planning to file a claim, interpretations of Measure 49 will follow, just as they did Measure 37. Be prepared to wait a while before your County will be able to answer your questions.

Karen Cooper - Oregon/California Mortgage Consultant  www.Quality4Loans.com