EDITORIAL: Oregon court upholds property rights

The Oregon Supreme Court did the right thing last week, upholding the right of the people of Oregon to amend their constitution through Measure 37, which requires state and local governments to compensate property owners for any diminution to the value of their properties imposed through land use restrictions. The measure does not prevent governments from "preserving" attractive scenery, wildlife habitat and the like. It merely prevents governments from shuffling the costs of those noble undertakings onto others. If a local Oregon town or county wants to bar the owners of a hilltop farm from selling off part of their property for a subdivision -- in order to maintain the "pretty view" for all the neighbors -- the municipality can either buy the land, or pay the land owner the amount he or she loses by not being allowed to use the property as the owner sees fit. This is well in keeping with the letter and intent of the federal Fifth Amendment, which requires "just compensation" for any property taken for "public use." Self-styled "preservationists" moan this will limit their ability to "preserve" all kinds of stuff which they either do not choose or cannot afford to actually buy. Yes, and laws against bank robbery make it harder for gunmen to accrue the capital they need to live the Life of Riley....