Will Measure 37 protect the Port of Portland in Troutdale?

The Oregonian reports today that tanker aircraft, used to fight forest fires, can no longer land at Troutdale Airport.  The east end of the airport’s runway is near the Sandy River, and across the river, cottonwoods on nearby state property have grown up into the landing path for the runway.  The Port of Portland, which operates the airport (and which, despite its local name, is a state agency), holds an easement that allows it to cut the state’s trees.  Unfortunately for the Port, the Sandy River is the edge of the Columbia River Gorge National Scenic Area, and the trees are in the National Scenic Area.  Before the Port can cut them, it needs to get a permit from Multnomah County, and the county planners aren’t sure whether the Port meets the stringent requirements of the regulations that protect the gorge.

Let’s suppose that Multnomah County turns down the Port’s request to cut the trees, based on the county gorge regulations.  Does the Port have a Measure 37 claim against Multnomah County for the reduction in value of Troutdale Airport?  Measure 37 doesn’t give property owners a claim for reductions in value caused by federal regulations, but one quirk of law is that, although the federal government designated the Gorge as a National Scenic Area, the regulations that protect it are state and local regulations, which are subject to Measure 37.  And if those regulations make Troutdale Airport less valuable, and the county doesn’t waive them, the Port could look to the county for some compensation.

Oh, my.  Who would have thought that the state of Oregon could have a Measure 37 claim just like Dorothy English?