Court of Appeals holds that protected areas in the Columbia River Gorge are exempt from Measure 37

The Oregon Court of Appeals today issued an opinion interpreting Measure 37, holding that land use regulations restricting development within the Columbia River Gorge National Scenic Area are not subject to the measure's compensation scheme.  Measure 37 (ORS 197.352) requires governments to compensate land owners for loss of value caused by land use regulations, or to waive those regulations.  Measure 37 expressly does not apply to regulations "required to comply with federal law."  In Columbia River Gorge Commission v. Hood River County, the court held that counties' land use ordinances implementing the federal Columbia River Gorge National Scenic Area Act fit within that exemption.