Journal of Environmental Law & Litigation : Vol. 26, no. 1 (Spring 2011)
Permanent URI for this collection
A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425
Browse
Browsing Journal of Environmental Law & Litigation : Vol. 26, no. 1 (Spring 2011) by Subject "Land use -- Law and legislation -- Oregon"
Now showing 1 - 2 of 2
Results Per Page
Sort Options
Item Open Access Journal of Environmental Law & Litigation : Vol. 26, No. 1, p. 179-258 : “Preserving Forest Lands for Forest Uses”— Land Use Policies for Oregon Forest Lands(University of Oregon School of Law, 2011) Sullivan, Edward J.; Solomou, AlexiaForest lands are central to the identity and economy of Oregon. Though both public and private forest lands contribute to the health and stability of Oregon, this Article focuses on public and private forest lands not owned by the federal government for which Oregon has forest management responsibilities, land use jurisdiction, and established land use policies. These policies evolved from a generalized combination of forest management and land use laws intended to protect forest lands for forest use, and from conversion to nonforest development, to a system where land use and forest management laws are split between land use and forest agencies with precise regulations designed to preserve and sustain private forest lands necessary for the future of Oregon.Item Open Access Journal of Environmental Law & Litigation : Vol. 26, No. 1, p. 259-286 : Lessons from Oregon’s Battle over Measure 37 and Measure 49: Applying the Reserved Powers Doctrine to Defend State Land Use Regulations(University of Oregon School of Law, 2011) Blodgett, Abigail D.Part I provides a brief introduction to Oregon’s expansive land use system. Part II then discusses the revolt against Oregon’s system that resulted from the state’s approach to private land use regulation. One way that voters expressed their frustration towards state land use regulations was by passing Measure 37. However, the public quickly realized the massive ramifications associated with Measure 37 and passed Measure 49. Part III explores both Citizens for Constitutional Fairness v. Jackson County decisions, introduces the Contract Clause of the United States Constitution, and describes how the district and appellate courts applied the Contract Clause to formulate their conclusions. Citizens I concluded that the land use regulation waivers granted pursuant to Measure 37 were binding, irrevocable contracts that could not be subsequently altered by Measure 49, while Citizens II interpreted these waivers to be fully revocable. Finally, Part IV discusses the reserved powers doctrine as alternative grounds for limiting the scope of Measure 37 and similar state initiatives across the country. The reserved powers doctrine, a common law tool crafted by the Supreme Court of the United States to protect a state’s ability to enact legislation necessary to preserve the public welfare, allows a state to modify or rescind existing contracts that interfere with its ability to exercise essential sovereign responsibilities. Since enacting legislation that ensures proper land use is an essential state responsibility, the reserved powers doctrine is a powerful, yet unexplored, method for protecting important state land use regulations—and ultimately, the public interest.