Marion County disrespects Measure 49 voters

Just as our neighborhood's Keep Our Water Safe committee has been fearing, two Marion County commissioners are thumbing their noses at the 66% of county voters who said "yes" to Measure 49 on November 6 (along with 62% of Oregonians). The voters said they didn't want large subdivisions to be built on farm, forest, and groundwater limited land. Measure 49 goes into effect on December 6, ten days from now. But Sam Brentano and Patti Milne have decided to keep on issuing construction permits for large subdivisions on farm, forest, and groundwater limited land right through December 5. Mind-boggling. Crazy.…

Hardly any Measure 37 claimants will have vested rights

The battle to pass Oregon's Measure 49 has been won (62% of voters said "yes" to fixing Measure 37). Now the fight has shifted to determining which, if any, of the 7,500 Measure 37 claims around the state are vested under common law. Vesting means that enough work has been done on a claim to allow it to continue under Measure 37, rather than Measure 49. Yesterday Ralph Bloemers of the Crag Law Center released an excellent memorandum, "Transition to Measure 49 & Vested Rights." It's must-reading for interested citizens, state agencies, and local governments, along with a companion memo…

Post-election Measure 49 kudos and calumny

First, the kudos. Which I'm forced to offer to myself, since my marvelously precise prediction about how the vote on Measure 49 would turn out hasn't received the non-Brian praise that it so obviously deserves. Back on November 2, I said that 63% of Oregonians would vote "yes" on 49. And so it (almost) came to pass on November 6, with the latest results showing a 62% approval. So Brian, congratulations. Why, thank you, Brian. On behalf of Brian, who happens to be me, I accept this public acclamation and all that comes with it. Dude, this is just a…

Vesting Measure 37 claims under Measure 49

Measure 49 has passed. It's the law of Oregon. Measure 37 has been fixed – not perfectly, but well. So what happens now with Measure 37 claims? In many cases the legal concept of "vesting" will come into play. With the passage of Measure 49, Measure 37 claimants are going to take one of three paths: (1) The "express lane" if a claimant wants 1 to 3 home sites. Straightforward. Easy. Hardly any questions asked by the state Department of Land Conservation and Development (DLCD). Claims on high value farmland, forest land, or groundwater limited land will have to take…

Reading “tea leaves” of Measure 49 outcome

Avid proponents of Oregon's Measure 49 that we are, it's hard for my wife and I to pass the remaining hours until the votes are counted without worrying about the outcome. So I've been consulting some cyberspace tea leaves. They've helped me reaffirm my previous prediction that this fix to Measure 37 will pass by a 63% to 37% margin. The only non-affirming omen that I've gotten was my solitaire loss a few minutes ago after I asked my computer, "Give me a win if Measure 49 will pass." The cards didn't turn out for me. But then, they usually…

My big Measure 49 media exposure day

Oh, yeah, I'm hot. Only media-wise though. And just for a day. But I'm pleased with the Sunday exposure in Steve Duin's Oregonian column and the Salem Statesman Journal's editorial page, because whatever exposes the pluses of Measure 49 and the minuses of Measure 37 is good for Oregon. Duin, an ex-sports columnist, returned to his roots and called his piece "At DEQ, the refs swallow their whistles." It's about my battle to get the state Department of Environmental Quality to enforce its 1200-C (stormwater/erosion control) permit rules. The Measure 37 subdivision next to our neighborhood started to build roads…

My prediction on Measure 49 vote: Yes

It's time for this avid Measure 49 supporter to go out on a limb and make a prediction about how Oregonians will vote next Tuesday. I say it'll be 63% "Yes." I picked that percentage partly because it is higher than the 61% that favored Measure 37 in 2004. I believe that Oregon voters have had their eyes opened about what Measure 37 has brought the state: unfairness, divisiveness, asphalted-over farm and forestland. This is going to produce an electoral turn-around. We're not going to see the same sort of urban-rural split as in 2004. I'm predicting that a majority…

Oregonians in Action loses Measure 49 debate

Today the Willamette University College of Law sponsored a debate between two alumni who are on opposite sides of Oregon's Measure 49. Ralph Bloemers of the Crag Law Center ("Yes") handily beat Ross Day of Oregonians in Action ("No). And I'm not saying that just because Ralph is representing our neighborhood's Keep Our Water Safe committee, which is fighting a Measure 37 subdivision that threatens to dry up area wells and springs. As a good debater and attorney should, Ralph founded his arguments on facts. Ross, on the other hand, dissembled quite a bit. Apparently he couldn't come up with…

Measure 49 flyer features my photo. Cool!

Pretty exciting. I opened our mailbox Saturday and pulled out a Yes on 49 flyer from the Oregon Sierra Club. A photo that filled half of the back page looked darn familiar. It was mine! The Yes on 49 campaign had asked permission to use a shot I took of illegal road construction on a Measure 37 subdivision in our neighborhood. Naturally I said, "sure." But I didn't know whether it was ever going to be used. I'm glad it was, in such a fine way. Now that I'm a published photographer, it's time for some acknowledgements. Thanks to my…

Measure 49 opponents reduced to name-calling

If you've voted "yes" on Oregon's Measure 49, or plan to, here's what opponents of this much-needed Measure 37 fix are saying about you: You're a communist or an idiot. Almost certainly, you disagree. I sure do. I've voted for Measure 49, and I can absolutely certify that I'm neither a communist or an idiot. Yet recently I spoke at a Measure 49 forum in Turner. One of the people in attendance was the son of Leroy Laack, who has filed a Measure 37 claim to turn 125 acres of groundwater limited high-value farmland near us into a 42-lot (and…

Call Oregonians in Action now – here’s why

Wow, a first. I just phoned Oregonians in Action at 503-620-0258, a group that I despise. But I stifled my urge to barf when I heard their answering machine fire up this evening, because I wanted to urge them to comply with a request made today by Robert Klonoff, dean of the School of Law at Lewis & Clark College. Klonoff is deeply irked that Oregonians in Action used the school's name in a mailing sent by James Huffman, a law school professor. In a press release issued today, Klonoff calls on OIA to send a letter of correction to…

Terrific Measure 49 video makes you laugh and cry

If you're an Oregon voter who isn't sure about how to vote on Measure 49, you need to spend five and a half minutes and watch this "Fib or Fraud" video. Congratulations to Dave Adams of "Fix It or Nix It" sign fame, Adam Klugman, and the Progressive Media Agency for creating a marvelous means of showing the lies that Measure 37 claimants spout when their lust to build a large subdivision overrides honesty and ethics. Charlie Hoff, a Tualatin land speculator, should be hugely embarassed by this video. Assuming he's got any shame left in his "pave it over…

Salem’s newspaper gets an “F” in journalism ethics

In the past two days I've learned a lot about the Salem Statesman Journal's concern for journalism ethics. Bottom line is, they couldn't care less. My ethical eyebrows got raised when I noticed that a draft editorial about Oregon's Measure 49 contained absolutely zero information about what this soon-to-be-voted-on ballot measure does. Yet the editorial endorsement was "no." Unbelievable. How can a newspaper run a content-free editorial about an important statewide vote? How is it possible to say you're against a piece of legislation without describing it? After exchanging lots of emails with the editorial page editor, Dick Hughes (who…

Statesman Journal allows errors in Measure 49 editorial

You’d think that a major Oregon newspaper would want to correct factual errors when they’re pointed out to them. But not the Salem Statesman Journal, which published a Measure 49 editorial today that is riddled with inaccuracies.

Yesterday I wrote about the draft editorial that was put up on the paper’s editorial blog Friday evening. The editorial board said that the draft was “subject to change.” They asked that comments and suggestions about this editorial be sent to the lead writer, Editorial Page Editor Dick Hughes.

And, oh boy, did Hughes did comments and suggestions. In a continuation to this post you’ll find an email message that I sent to the editorial board today, describing what happened after I found the draft editorial at 9:30 pm Friday night via a Google News “Measure 37” alert.

The upshot was that Hughes got deluged with emails from people a while lot more knowledgeable about Measures 37 and 49 than he appears to be. Neighbors, friends, and other Oregon countrymen concerned about preserving this state’s land use laws told Hughes the truth about Measure 49.

Some of the comments are on the Statesman Journal editorial blog. They’re marvelous. Thoughtful, detailed, considered, passionate discussions of what passage of Measure 49 would mean for Oregon, and what a disaster it would be if Measure 37 is allowed to continue on unfixed.

State Rep. Brian Clem, who was on the legislature’s Land Use Fairness Committee that referred Measure 49 to the voters, sent in an email that corrected inaccuracies in the draft editorial. So did Bob Stacey, executive director of 1000 Friends of Oregon. In part Stacey said:

The draft Measure 49 editorial posted last night is deeply disappointing, given the Statesman-Journal’s long support for responsible land use planning. It also advances a series of arguments that don’t support the editorial’s conclusion. You should take the time to fix it, and change your recommendation to “yes.”

…You say, incredibly, that “Oregon won’t be devastated by letting Measure 37 run its course.” You’d better look again at the maps. Or look at the photos of Measure 37 subdivisions under construction at www.yeson49.com. The parts of Oregon where farms and towns coexist today, thanks to land use planning, will indeed be devastated if this continues. That’s why The Oregon Farm Bureau Federation–and the Marion, Polk and Yamhill County Farm Bureaus–have endorsed Measure 49. It’s still not too late to amend your draft editorial and join them.

Dick Hughes and I, along with my wife, have been engaging in an extensive exchange of emails about how the comments to the draft editorial were responded to by the Statesman Journal. I appreciate Hughes’ willingness to get into a back-and-forth with readers, but it’s become distressingly clear that he doesn’t understand what bothers us so much.

Sure, we’re disappointed that the editorial didn’t endorse a “yes” vote on Measure 49. But if good reasons had been offered up for a “no” recommendation, backed up by facts, we would have said to ourselves, “We don’t agree, but the editorial board is entitled to its own opinion.”

Instead, Hughes ignored virtually all of the emails he got that pointed out inaccuracies in both the factual foundation and conclusions of the draft editorial. This is what deeply bothers us: the Statesman Journal asked for feedback on the draft, which was open to changes, then turned a blind eye to the many substantive comments and suggestions sent to Hughes.

I’ve compared the draft and final versions of the editorial. Here are the differences I found:

–an “it’s” became “it has”
–“overwhelmingly embrace Measure 37” became “embrace Measure 37 overwhelmingly”
–“laws” became “rules”
–“simply” became “only”
–an “Unfortunately” was added before “It doesn’t repeal Measure 37”
–“2007” was omitted from “until the 2007 Legislature”
–“killed” became “cut” in describing legislative funding for the Big Look task force

Yet Hughes had the gall to say this in a prefatory comment to Rep. Clem’s email message: “A variety of comments, including Clem’s, helped us refine and clarify today’s editorial.”

Oh, whoopee. The biggest change was clarifying that the 2007 legislature “cut” funding for the Big Look task force rather than “killed” it.

Meanwhile misleading statements remained in the editorial. Many people pointed this out. In an email to Hughes I gave him my own take on some of the worst inaccuracies in the draft editorial (quoted at the beginning of each section).

–“By toying with the state’s land use system instead of reforming it…” Measure 37 reformed Oregon’s land use system, for the worse. Measure 49 fixes the worst flaws of the reform. This isn’t “toying.” That’s demeaning to the 7,500 Measure 37 claimants and the many more thousands of Oregonians who are directly affected by those claims.

I’d like you to tell our neighbors on Liberty Road who have had to replace or deepen their wells, even without 42 more wells being drilled on the subdivision property, that limiting this Measure 37 claim to three home sites is “toying.” Real people are living in the real world, with real wells that can go dry. They can’t wait for Big Look to come up with recommendations that may or may not be enacted years in the future.

–“Measure 49 adds to that complexity.” No, it simplifies it. Measure 37 was poorly written. Transferability of waivers, for example, isn’t allowed under an AG’s opinion, even though OIA thought they’d allowed for it. This shows, by the way, that the number of words in a piece of legislation doesn’t equate to how clear it is. Measure 49 was reviewed and approved by legislative counsel to make sure it does what legislators wanted, which is more than Measure 37 does.

I can tell you that Measure 49 is a much simpler approach to protecting groundwater limited areas than the mishmash of county water ordinances that currently exists. Our neighborhood’s Keep Our Water Safe committee has spent almost $30,000 on trying to get Marion County to enforce its own groundwater ordinance. Not many areas adjoining a Measure 37 claim that threatens their water supply are able to do that. Measure 49 gives them the protection they need (again, by limiting home sites to three) in a much simpler fashion.

–“In fact, the only people who may benefit from Measure 49 are the lobbyists, interest groups and lawyers on either side.” This is completely and utterly wrong, beyond misleading. It’s flat out wrong. My wife and I sat through most of the Land Use Fairness Committee hearings that produced Measure 49. We’re completely familiar with the Measure. We know how it will affect our neighborhood and similar groundwater limited areas that have Measure 37 claims nearby.

Measure 49 will benefit property owners out here a lot. That’s why you’ve been hearing from so many of them, like Don Dean, who lives next door to the Laack subdivision and is worried about his well going dry after 42 additional wells go in next door. An entirely justified fear, because independent water experts hired by Marion County have concluded as much.

I’ve already told you, as has my wife, how Measure 37 claimants will benefit from Measure 49 by getting transferability and inheritability of their waivers. So again: this statement is not only misleading, it is absolutely wrong.

–“Until then, Oregon won’t be devastated by letting Measure 37 take its course.” This is another inaccurate statement, unless by “Oregon” you mean the members of the SJ editorial board. Again, out in the real world, like here in south Salem, and in the orchards of the Hood River valley (to mention but a few places), Oregon indeed is going to be devastated.

I’ve heard Brian Clem speak about his family farm in the Hood River valley, and seen the map he holds up of the Measure 37 claims that essentially surround it. He says that it is virtually impossible to keep farming when subdivisions encircle a farm. This is why the Oregon Farm Bureau Federation supports Measure 49.

But Hughes merely sat at his computer most of the day yesterday, merrily ignoring the corrections to factual inaccuracies in the draft that kept pouring in to him, while getting testy when my wife suggested that the newspaper may have some subscriptions cancelled because of the editorial, and saying he was “torqued” when I told him there were misleading statements in the draft. Which, there were.

I’ve asked for two things from the editorial board: (1) the go ahead for me to write an opinion piece for the editorial page that discusses how the newspaper’s process for soliciting feedback on draft editorials is seriously flawed, using the Measure 49 piece as an example, and (2) a meeting with the editorial board to discuss our concerns.

I’ll end with my message to Hughes and the Statesman Journal editorial board. Hopefully they’ll be open to improving their disastrously flawed system (or rather, non-system) for responding to comments and suggestions on draft editorials.

As I said in my message, a lot of people put in a lot of time and energy telling Hughes about the errors in his draft editorial. Journalistic ethics demands that you seriously consider those comments, not summarily dismiss them – which is what happened with the Measure 49 editorial.

Salem newspaper poised to publish gutless Measure 49 editorial

At 9:35 pm last night a Google News alert told me that the Salem Statesman Journal had put a draft Measure 49 editorial up on its blog. The editorial is scheduled to appear in the Sunday paper. I immediately clicked on over and read one of the most misleading gutless editorials I've ever seen. And I've seen a lot. This must be a first: a recommendation for a "no" vote on a ballot measure that doesn't mention a single thing the measure would do. Dick Hughes, the lead writer for the editorial, doesn't get into the substance of Measure 49…

Oh, the lies “Stop 49” is telling

If somebody lies in a political campaign, that's a sign of desperation. So hopefully the pack of lies being told by the Stop 49 spokespeople is an predictor that Oregon's Measure 49 will pass. Oregonians don't like liars. Nobody does. And the brochure that came in our mail today from the Oregon Family Farm Association PAC is disgustingly full of outright lies. Below you'll find the truth, as exposed by the Yes on 49 campaign. I'll add to the truth pile by pointing out that the Oregon Family Farm Association has little or nothing to do with farmers. In 2006…

Measure 49 ballot title is accurate and legal

Today's Oregonian story got it wrong. In "The Truth Behind the Political Ads" this is said about a Yes on 49 television ad: Finally, the ad highlights words from the ballot title, implying it is a neutral description. However, the same legislative majority that put Measure 49 on the ballot also wrote the ballot title, bypassing the process normally used to develop neutral wording. I've told the reporter, Jeff Mapes, that he fell into the Oregonians in Action propaganda machine. The Attorney General's response to the OIA lawsuit challenging the ballot title can be read here. Turning to pages 9-10…

Misleading “No on 49” mailing sent from L & C law school

Why was a hugely misleading "No on Measure 49" mass mailing sent from the Lewis & Clark Law School? If this bunch of B.S. reflects the quality of the Oregon school's legal analysis, I feel sorry for the law students. I got the letter yesterday. The return address said: James L. HuffmanErskine Wood Sr. Professor of LawLewis & Clark Law School5340 S.W. Hewett Blvd.Portland, OR 97221 I won't dignify Huffman's diatribe with any more than this piece of advice: if you recycle the letter, that's an insult to wood pulp that will have to associate its molecules with this garbage.…

Measure 49: a future altering event for Oregon

Yesterday I attended my first Salem City Club meeting, because the program was on Measure 49. It was called "SB 100, Measure 37, Measure 49: Where does Oregon Land?" (nice play on words) State Representative Brian Clem got in the best line of the noon hour. Referring to the November 6 special election on Measure 49, which will fix many Measure 37 flaws, he said: This is a future altering event in Oregon's history. Absolutely. Lane Shetterly, who until recently headed up the Department of Land Conservation and Development (DLCD), started off with a review of how Oregon's land use…

Oregon’s unseemly rush of Measure 37 construction

Measure 37 has brought Oregon a lot of bad news since this initiative was foisted on voters under false pretenses in 2004. Oregonians thought they were allowing ma and pa to build a dream house on land that got rezoned after they purchased it. Instead, Measure 37 has allowed large subdivisions to sprout on irreplaceable farm and forest land. With the vote on Measure 49 (a much-needed Measure 37 fix) coming up on November 6, developers with Measure 37 claims are rushing ahead with construction so they can claim they're vested by the time voters say Yes to Measure 49.…