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Sunday, March 20, 2022

Opinion: State should lead negotiations to resolve $1 billion timber lawsuit - OregonLive

Rob Freres

Freres is president of Freres Lumber Co. in Lyons.

The Oregon Court of Appeals recently heard arguments from the state challenging a jury’s $1 billion award to 13 counties for failing to live up to timber harvesting and revenue commitments it made in exchange for key acreage. Even though it will be months before that decision is released, it likely won’t be the last word in a conflict that has already dragged on for years. State leadership should intervene, bring the parties to the bargaining table and reach a settlement that is fair and equitable to all Oregonians.

The dispute stems from a 1941 agreement in which the counties – all located along the coast or in western Oregon – donated land to the state which would manage it for the “greatest permanent value” and share revenue from timber harvests with the communities. That contract was honored for 60 years until 1998 when the state changed the rules, defining “greatest permanent value” in a way that de-emphasized harvest policies. The state is also arguing that rural communities did not have a contract with the state. We – and more important, a jury – disagreed.

Contracts are well understood by all of us: offer, acceptance and consideration. None of those elements can change without agreement of both parties. The state changed the “consideration,” or money paid, without the agreement of the counties.

Ramifications of the appeal are significant to our state. The judgment has, for the past two years, been increasing at an alarming $260,000 in interest a day, bringing the current total to almost $1.2 billion. Should the judgment be sustained, the Legislature will have to do significant budget cutting to account for the shortfall in revenue. If the judgment is overturned, then rural Oregonians will once again be told that they and they alone must suffer the financial impacts of the state’s decision-making. Neither should be acceptable to any of us.

But there are other important reasons to recognize the value these lands have beyond rural communities. The state itself has found we are short more than 100,000 units of housing for the current population. As our state struggles with a housing crisis for the homeless and the working poor, it makes sense to embrace the homebuilding resource we have right here in Oregon. That, and making land available on a more expedited basis in urban growth boundaries, would help mitigate artificial price pressures and lead to more affordable housing.

I hope the governor will strive to sit down with our county partners and resolve the issue in a fair and equitable manner for all concerned. It is about recognizing that when policy is made for the benefit of all, then all Oregonians need to share in both the benefits and burdens that emerge from those decisions – and course correct when needed.

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Submit your essay of 500-600 words on a highly topical issue or a theme of particular relevance to the Pacific Northwest, Oregon and the Portland area to commentary@oregonian.com. Please include your email and phone number for verification.

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Opinion: State should lead negotiations to resolve $1 billion timber lawsuit - OregonLive
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