Measure 37 and I-933: How they stack up

Backers of Washington's property-rights measure, Initiative 933, say its focus is narrower than Oregon's Measure 37. Opponents say I-933's reach could be broader.

Who's right? Probably the opponents.

• Supporters of I-933 say it's less sweeping because they say it allows landowners to seek compensation only for government regulations adopted since Jan. 1, 1996, effectively exempting older rules. There's no cutoff date in Measure 37.

• On the other hand, Measure 37 allows owners to demand relief only from rules adopted since they acquired their land. Most Oregonians bought their property long after the state's key growth-management rules were adopted in the 1970s and 1980s. So Measure 37 doesn't actually offer them much.

• I-933, in contrast, allows all property owners to file claims regardless of when they bought their land. And many Washington counties had few growth-management restrictions before 1996.

On top of that, most lawyers who have studied I-933 say it would require compensation for at least some pre-1996 regulations.

Other key differences between Measure 37 and I-933:

Waivers

Measure 37: Allows governments to waive rules instead of paying.

Initiative 933: Allows waivers only if authorized by other laws.

Studies required

Measure 37: No requirement for additional studies before new rules adopted.

Initiative 933: Requires governments to document impact of new rules on private property, and assess alternatives.

Personal property

Measure 37: Applies only to real estate.

Initiative 933: Applies to personal property — potentially everything from cars to copyrights — as well as real estate.

Public nuisance exemption

Measure 37: Exempts regulations aimed at preventing public nuisances from compensation requirement. A public nuisance is an act that harms the community.

Initiative 933: No public-nuisance exemption.

Health and safety exemption

Measure 37: Exempts regulations "for the protection of public health and safety."

Initiative 933: Exempts regulations needed "to prevent an immediate threat to human health and safety."

Federal law exemption

Measure 37: Exempts regulations needed to comply with federal law.

Initiative 933: No exemption for regulations needed to comply with federal law.