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Two Years of Measure 37: Oregon's Property Wrongs

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Neighbors at Spring Lake Estates, five miles outside the city limits of Salem, have new reason to be concerned about their community’s future. The 85 families in the neighborhood jointly own a small lake that adds value, as well as scenic beauty, to their neighborhood. And each home draws its water from a common aquifer.

The community depends on its water supply. If the water level drops in the aquifer, they may face big expenses for new wells, or a new water system; and if the springs and streams that feed the lake dry up, their property values could take a hit.

Enter Measure 37. Adjacent to the neighborhood is a new Measure 37 claim for 82 new homes on 215 acres. The land slated for development is currently zoned for farming; the landowner wanted $18 million from Marion County for potential loss in value if his development couldn’t proceed. Because the local government cannot pay, plans for the homes are moving forward.

Each new house would have its own water well, and homeowners at Spring Lake Estates worry that 82 new wells so nearby could severely draw down the streams, Spring Lake, and even their own wells.

Don Dean, who sits on the Spring Lake Estates Neighborhood Association board, explains, “We’re not initiating any kind of a no-build policy or trying to stop the development. What we’d like to do is just have them be sensitive to our source of the water that feeds our lake.”

Once Spring Lake neighbors knew the development was on its way, the homeowners association authorized spending $5,000 on a hydrogeology report of the area. It’s due any day now, and they intend to give it immediately to Marion County planning officials. They hope the report’s findings will help the county justify requiring more sensitive development that will minimize impacts on the area’s water supply.

Don Dean is particularly concerned about the new project because his property abuts the land slated for development. “Unfortunately, I believe I voted for Measure 37,” Dean admits. “I was probably like a lot of other people that either didn’t take as much time as I should have to review the measure or didn’t possibly understand it as much.”

Laurel Hines is another resident concerned about the new development’s effects on her property. She says she moved to Oregon in 1979 from the Midwest partially because she respected the state’s land use laws. Laurel says that in contrast to the shared sense of community at Spring Lake Estates, the adjacent landowner so far appears unconcerned about the impact of the proposed development on the community.

“We expected things to be the way they were and that the land use laws would protect us, and now we can’t depend on them,” Hines says.

“There really isn’t any land use planning in the state right now with Measure 37. There isn’t a local jurisdiction that’s got an extra $500, let alone $500 million,” Dean explains. “I’m not an activist. I don’t campaign on issues . . . but there needs to be some kind of regulation to help control growth in certain areas.”