If a state or local government enacts a land use regulation that restricts a residential use, or a farm or forest practice, and reduces the fair market value of a property, then the landowner may qualify for compensation under Ballot Measure 49. Oregon voters initially passed Ballot Measure 37 (2004), which was later modified by the Oregon legislature and approved by the voters in 2007 as Ballot Measure 49. For landowners, it is important to know that Measure 49 has two parts, before and after January 1, 2007:
Former Measure 37 claims: claims filed before January 1, 2007
Compensation claims for land use regulations enacted before January 1, 2007, were called Measure 37 claims. Successful Measure 37 claimants received "waivers" of land use regulations. Measure 49 retroactively voided these Measure 37 waivers. People who wanted to continue their Measure 37 claims under Measure 49 filed an "election for supplemental review." Instead of waiving land use regulations, Measure 49 relief granted a specific number of "home site authorizations." This part of Measure 49 is now over. DLCD has several resources for landowners, counties, and other interested parties to find out if a former Measure 37 claim received home site authorizations under Measure 49 and to view the claim information. Go to the Claim Information page to learn how to find a claim.
New Measure 49 claims: claims filed on or after January 1, 2007
New Measure 49 claims may be filed if a state or local government enacts a land use regulation after January 1, 2007. A new claim must be filed within five years of the date the land use regulation was enacted and must demonstrate that the regulation restricts a residential use or a farm or forest practice and reduces the fair market value of the property. See below for more details.
File a New Measure 49 Claim
A landowner may file a new Measure 49 claim within five years of the date a state or local government enacted a land use regulation. All claims must include an appraisal that follows the requirements in ORS 195.300-336. The landowner must file a claim with the government that passed the regulation affecting the property (e.g., city, county, state, Metro). Claims related to a state regulation must be filed with DLCD. The Measure 49 New Claims Instruction Packet below explains how to file a Measure 49 claim with the state. Download the forms and instructions for new claims here:
Measure 49 New Claims Instruction Packet
Measure 49 New Claim Form
Measure 49 Non-Claimant Consent Form
Measure 49 New Claims Registry
Compensation and Conservation Ombudsman
Oregon law provides for a liaison to help property owners navigate claims, disputes and fact-finding for property that may have been devalued because of a land use regulation (ORS 195.320). The Ombudsman can help claimants and potential claimants identify sources of needed information, and can help ensure that claimants' applications are complete.
The Ombudsman can also refer property owners to other sources of help (such as cities and counties). The Ombudsman's role is also to work with claimants to try to identify other possible means by which they could carry out a desired use without filing a claim.
For questions about Measure 49, contact the Measure 49 specialist, your local planning department, or the Ombudsman.
Using a Measure 49 Home Site Authorization
Landowners who have a Measure 49 "Final Order and Home Site Authorization" have lots of questions about how to use it. DLCD has a Frequently Asked Questions guide for owners who want to develop or sell their Measure 49 property.
Transfer of Development Credits (TDC) Program
The Transfer of Development Credits program allows counties to create a program that would allow landowners to transfer their Measure 49 development rights to another owner or property. The credits (TDCs) could be transferred directly to a receiving property or held for future use. DLCD helps counties set up a TDC program. For more information, see the TDC Program page.
Frequently Asked Questions
How do I find my Measure 49 Claim?
Oregon Revised Statutes (ORS) Chapter 195 Local Government Planning Coordination
Oregon Administrative Rules (OAR 660-041) Chapter 660, Division 41
Act Implementing Ballot Measure 49, Chapter 424 Oregon Laws 2007
Rural Development Authorized by Measure 49, presentation to the Land Conservation and Development Commission, May 2017.
Ballot Measures 37 (2004) and 49 (2007) Outcomes and Effects, DLCD, January 2011.
Measure 49 Analyzer: an online tool for finding Measure 49 authorizations.
Information about the history and politics of Measures 7 through 49: League of Oregon Cities
Oregon Explorer: Land Use and Measure 49