• Required Reading On Property "Rights" – #19

    [Note: This is a part of a series.] If you’re following the Northwest’s gaggle of anti-planning ballot measures, you have some new required reading today… In the Oregonian, first rate reporting from Laura Oppenheimer on Washington’s Initiative 933, the progeny of Oregon’s Measure 37. She takes a look at I-933’s supporters and opponents and their competing beliefs. Also, in the Oregonian, an excellent article by Allan Brettman on what would...
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  • Rural Rage Over Reason – #16

    Guest contributor Arie van der Hoeven is a land owner near Ames Lake in rural King County, Washington. He is concerned about the implications of Initiative 933. [Note: This is part of a series.] Initiative I-933 is bad property rights policy, full of unintended consequences that will hurt rural property owners most of all. Those of us in rural King County have learned that the one thing worse than dealing...
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  • Taking the Initiative – #14

    Note: This is part of a series. Nice column today by the Seattle P-I‘s Joel Connelly on the astroturfing of the Washington state initiative process—with a special look at I-933, a stealth attack designed to undermine, oh, pretty much any action taken by state or local government: The Washington State Farm Bureau is the official sponsor of I-933. But money to pay signature gatherers, $200,000 at last count, has come...
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  • Property Rights Ad Infinitum – #12

    Note: This is part of a series. When lawyers read Initiative 933’s definition of “property,” they tend to fall out of their chairs in astonishment. That’s because, according to its own definition, I-933 will apply to “all real and personal property protected by the Fifth Amendment to the United States Constitution or Article I, Section 16 of the Washington Constitution owned by a non-governmental entity…” The lay person may read:...
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  • A Tale of Two Mines – #11

    Note: This is part of a series. Oddly parallel news articles this week: one from Oregon, where Measure 37 land-use is currently the law; and one from Washington, where Initiative 933 would do even more to reduce community input into land-use decisions. On Maury Island, Washington a group of residents is trying to stop a gravel and sand mine from starting operations, which will include barge traffic near homes. The community...
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  • Planned Confusion – #10

    Note: This is part of a series. Last week, I wrote about the torrent of look-alike initiatives in the Northwest—933 in Washington; 154 in Montana; and “This House is My Home” in Idaho—and I pointed out their eerie similarity to one another. All three Northwest property initiatives lead off with booming rhetoric about abuses of eminent domain. In reality, however, the initiatives are about an entirely different issue (one that...
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  • Selling the Farm – #9

    Note: This is part of a series. Here’s how Measure 37—the progenitor of a new wave of more aggressive initiatives, such as I-933 in Washington—is affecting Oregon’s farm economy. In windswept northeastern Oregon, the farmers of rural Union County are feeling the sting of Measure 37. A landowner-turned-speculator there recently made a claim to subdivide more than 1,400 acres of rural land into hundreds of 5-acre buildable lots. Farmers nearby...
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  • Northwest Property "Rights" Round-up – #8

    Note: This is part of a series. I’ve been writing a lot about Washington’s I-933 lately; here’s what’s happening in the rest of Cascadia. California: Napa County voters handily defeated Measure A, another cookie-cutter “pay-or-waive” initiative. Idaho: Proponents just announced that they have enough signatures to put “This House Is My Home” on the ballot in November. A silly ballot title, yes, but the initiative is much better written than,...
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  • Kitsap County: Mine, All Mine – #6

    In my ongoing analysis of Initiative 933, another story from fast-growing Kitsap County. Today’s question: should a community have a say over where heavy industry belongs?(Also see the full series of posts.) The Kitsap County Association of Realtors is opposing the “industrialization of Hood Canal.” The Kitsap Sun reports that the realtors are likely motivated by a large-scale gravel mining and shipping operation under consideration. As might be expected, they...
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  • Measure 37 on Steroids – #4

    Note: This is part of a series. When Measure 37 passed in Oregon, it triggered an avalanche of imitation. It sparked I-933 in Washington, a ballot measure that would fundamentally re-define how property uses can be regulated. Because the authors of I-933 studied Oregon’s law, it’s often thought that I-933 is simply an Evergreen State version of 37. But that’s not right. The truth is that I-933 is not a clone of 37 so much as it’s a steroid-pumped version...
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