PRA
Files Amicus
Supporting Property Rights
13 Organizations Join in Support
of Measure 37
WASHINGTON, U.S. Newswire -- The Property Rights Alliance
(PRA) filed an amicus brief in Oregon State Supreme Court, challenging
a Marion County Circuit Court judge's decision declaring Measure 37
unconstitutional under both the Oregon and federal constitutions. In
the court decision, the judge wrongfully overturned the property rights
measure, particularly in the case of the plaintiffs possessing a Fourteenth
Amendment procedural due process claim.
Measure 37, passed by over sixty percent of voters in 2004, put in
place protections for property owners from regulations that restrict
their ability to use their property and increase its fair market value.
The measure simply states that if a property owner can justify that
a land regulation has impaired the use of the property and lowers its
value, then the property owner should be fairly compensated for the
property value lost or modify, change or not apply the regulation to
the owner's property.
"Measure 37 not only restored property rights for Oregonians;
but peace of mind for residents around the country," said Scott
A. LaGanga, Executive Director of the PRA. "Unfortunately, following
the passage of this measure by over one million Oregonians, an activist
judge overturned the decision, stripping residents of their fundamental
right and leaving America wondering once again."
PRA, along with thirteen organizations: American Association of Small
Property Owners; Americans for Tax Reform; American Land Rights Association;
Bluegrass Institute for Public Policy Solutions; Citizens Against Government
Waste; Citizens' Alliance for Property Rights; Defenders of Property
Rights; Illinois Policy Institute; National Center for Public Policy
Research; National Taxpayers Union; Oregon Livestock Producers Association;
Small Business and Entrepreneurship Council; and The American Family
Business Institute submitted the brief in support of those parties appealing,
including Oregonians in Action.
"Property rights organizations, no matter their size or representation,
will not allow any court system to defy the rule of law," continues
LaGanga. "Based on the briefs from PRA and others, the Oregon State
Supreme Court is justified in overturning the Circuit Court judge's
decision and allowing the voters of 2004 to be heard once again."
The brief and summary of argument can be viewed on the Property Rights
Alliance (PRA) Web site at propertyrightsalliance.org.
Property Rights Alliance (PRA) stands as an advocacy organization dedicated
to the protection of physical and intellectual property rights. PRA
is a special project of Americans for Tax Reform.
For more information or to arrange an interview, please contact Scott
A. LaGanga at 202-390-6978 or at slaganga@propertyrightsalliance.org.