By Eric de Place and Val Alexander

October 2006, Oregonian, Clark County edition

When it comes to Washington’s land use debates, the one thing that everybody can agree on is that Oregon started it. In the 1970s, Oregon became the first state to adopt comprehensive growth planning; Washington followed suit in 1990 with the passage of the Growth Management Act. Then in 2004, Oregon became the first state to eviscerate planning with the passage of Measure 37; and, once again--if a few special-interest groups have their way--Washington will follow with Initiative 933.

This time, however, Oregon is not a reliable guide to Washington under I-933. Measure 37 has been disastrous, but I-933 will be much worse.

A major similarity does exist. Both laws use a pay-or-waive scheme: if a community’s regulation reduces potential profits for a property owner, then taxpayers must pay for the “lost” profits or else waive the law. For example, if a new zoning ordinance prevents a property owner from subdividing a farm or building heavy industry in a residential area, then he or she is entitled to a cash payment for the sum that hypothetically could have been made without the zoning. If taxpayers don’t want to pay--or can’t afford to--then the property owner gets a waiver from the zoning law.

That’s what’s happening in Oregon: Since strapped government agencies don’t have the resources to contest the Measure 37 claims they are waiving the regulations instead. But Measure 37 does have a few built-in limits. I-933 doesn’t. For example:

• 933 ignores health and safety. I-933 makes fewer exceptions for laws that protect public health and safety. Unless they are compensated, property owners will get a waiver from laws that prevent contaminating groundwater or eroding critical riverbanks that can mitigate floods--just as long as the activities are not considered “immediate” threats to the health and safety of their neighbors.
• 933 allows public nuisances. I-933 does not make exceptions for laws that prevent public nuisances, such as noxious odors or dangerous pets. If a community wants to uphold basic rules of good neighbors, it’s going to cost.
• 933 creates a costly, bureaucratic mess. I-933 saddles state and local agencies with mountains of paperwork that will likely cost Washington taxpayers well over $1 billion each year—just in administrative costs.
• 933 short-circuits community. In spite of deceptive language to the contrary, I-933 jeopardizes common-sense laws that are decades old. For example, in order to qualify for flood insurance, communities often must prohibit development in flood plains. But under I-933, communities that need insurance may be forced to pay property owners not to build in known flood zones.
• 933 affects personal property. Astonishingly, I-933 covers not just real estate, but also a wide range of personal property, including stocks and bonds, vehicles, intellectual property, and much, much more. Under I-933, for example, if a requirement to muffle your Harley reduces its value, then you’re entitled to a cash payment, or else an exemption from the law.

Voters in Washington may be tempted to look to Oregon’s Measure 37, which is taking an unexpected toll on communities. But Oregon’s experience is simply not a good guide: Initiative 933 is far more extreme, costly, and disruptive than anything in Oregon.

Eric de Place is senior research associate at Seattle-based think tank Sightline Institute, www.sightline.org. Val Alexander owns a 65-acre farm near La Center, Washington, and is a board member of Friends of Clark County.