Bowers

In this consolidated appeal, we determine whether the State of Oregon and Jackson County (collectively Oregon) committed a constitutional taking, violated Plaintiffs’ due process rights, or violated Plaintiffs’ equal protection rights when Oregon voters enacted Measure 49 to replace and modify remedies available under the previous Measure 37. We conclude that Oregon did not commit a constitutional taking when it modified the remedies available under Measure 37, because any potential property interest that Plaintiffs had for compensation or a specific type of land use under Measure 37 had not vested. Measure 49 also does not contravene substantive due process, because it does not implicate fundamental rights. For this reason, and also because the regulatory classification under Measure 49 is not based on a suspect class, Measure 49 also survives rational basis scrutiny and has not violated Plaintiffs’ equal protection rights. Therefore, we AFFIRM the district court.

FACTS

1. Measure

In 2004, Oregon voters passed Measure 37, originally codified at Or.Rev.Stat. § 197.352 (2005), through the initiative process. Measure 37 required “state and local governments to compensate…