Bowers, et al. v. Whitman, et al., 664 F.3d 1321 (9th Cir. 2012)

(plaintiffs own real estate and claim constitutional taking occurred requiring compensation; state (Oregon) voters passed ballot initiative Measure 37 in 2005 requiring compensation be paid when land use regulations reduced fair market value of property where no physical taking of property present; in 2007 legislative session, initiative Measure 49 passed that extinguished Measure 37 and changed remedies available to property owners in the process of pursuing relief under Measure 37, but exempted property owner from the new remedies if owner had "a common law vested right...to complete and continue the use described in the waiver"; under state law, a landowner has a vested right to complete development of property if commencement of construction has been substantial or substantial costs have been incurred; court held that Measure 37 granted property owners only a cause of action, not vested final judgment recognized as constitutional taking; thus, property owners did not have a property interest that they could then use in challenging the reduced remedies contained in Measure 49).

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