By Lance Waldren
Pioneer Press Staff Writer 

Klamath County - "Our ranch is now bordered on three sides by Measure 37 claims," said Scott Balin, who is a third generation rancher in the area. If these claims go through, this productive farm ground will be turned into two acre home sites.

"I need to stand up for the right to farm and ranch," Balin said.

Balin Ranches began raising cattle, potatoes and alfalfa hay in the early 1940s on the ranch just south of Klamath Falls.

"Under Measure 37 it will be harder for young guys trying to get started in farming and for them to expand," Balin said.

It has always been when older farmers wanted to retire they would lease their land to younger guys or sell the property to neighbors.

Balin said he understands that a lot of these smaller farms are having a hard time making a living and are looking to retire. But he feels many of them have been deceived and manipulated by land use lawyers and large property developers who have been knocking on doors in the area.

"The lawyers and developers are the ones out pushing this because they are the ones who will profit from the land being developed." said Balin.

Under Measure 37, if government enacts a regulation that lowers the value of private property, the landowner has the right to either to be compensated for the loss or exempted from the legislation.

A landowner can file a claim over regulations passed many years ago, provided the owner has held title to his property since before the regulation was passed. In other words, if you owned your property prior to 1973, when they passed the first zoning regulations, you can apply for a Measure 37 waiver which exempts you from any zoning laws.

So far, statewide there have been 6,749 claims affecting 566,952 acres. In Klamath County alone, there are currently 179 claims representing 21,248 acres.

Supporters of the measure promoted it as a way for small landowners to sell off lots to support themselves in retirement or to build houses for their children on family property.

The reality of the situation is that individuals and large corporations have filed thousands of claims, seeking waivers which could open thousands of acres of rural farm and forest land to residential development, or seeking payments into the millions of dollars.

"This is a lot of crying wolf, you are not going to see the huge subdivisions in our area," said Mike Spencer, a local lawyer specializing in Measure 37. "It is a question of fairness, it returns your rights back to what you could have done when you bought the property."
Spencer said if "for the good of everyone," the state decides they do not want to let you build on your property that is fine as long as they compensate you for the loss.

Mary Liz Bunch, Klamath County Planning Department, works on nothing but Measure 37 claims for the county. According to Bunch, there have been so many claims that have come in that "The State is in a state of crisis." The government has 180 days from the time a claim is filed, to deal with it, or the person filing the claim can file for compensation in court.
According to Bunch, even though a waiver for a certain piece of ground has been issued, it does not necessarily mean the landowner can do whatever they want. They still must meet all health and safety regulations regarding new construction. This means water and septic regulations apply as well as other regulations such as for streets and roadways.

Another aspect of Measure 37 that must be looked at, is that it has created new property rights victims. If you purchased your property because you knew the surrounding property could not be developed and then along comes Measure 37, you are now living next to a subdivision and the value of your property has been devalued.

There are too many holes in this legislation. It has created ad hoc development and chaos in the government and rural community.

"Whether you are for or against Measure 37, We as a nation need to worry about what we are leaving for our kids," said Bunch.