Velma Dickey has the hapless luck of being a case study in how much more Oregon has to do in the debate over property rights.

In 1971, she and her husband bought about 70 acres adjacent to Interstate 5 in Jackson County, near Ashland. It was an investment for their retirement. The land had no zoning restrictions on it at that time.

When they wanted to develop it, the zoning had changed. The property was zoned for “exclusive farm use” — even though a soil engineer found the land poorly suited for growing. Velma Dickey’s attempt to get the zoning changed was blocked in August 2004 by Oregon’s Land Use Board of Appeals.

Later in 2004, voters passed Measure 37. It basically allowed longtime landowners to seek compensation or a waiver of land use regulations, if new regulations diminished property values.

Dickey saw her chance. She filed a Measure 37 claim with Jackson County. She argued that the changes in zoning had reduced the fair market value of the property by about $30 million.

In March 2006, Jackson County issued her a waiver. She proposed some potential developments. The county considered them in early November 2007. A few days later, voters approved Measure 49.

Measure 49 eclipsed Measure 37 and put stricter limits on what landowners could put on their property. Dickey says she does not qualify for relief under Measure 49. Jackson County told Dickey and others that it would no longer honor their waivers.

She and other plaintiffs sued.

A federal judge ruled Wednesday that waivers granted to property owners in Jackson County under Measure 37 cannot be rolled back by Measure 49. Measure 49 is not trump.

In his decision, the judge wrote that the county’s issuance of waivers is a binding, constitutionally protected contract. The Constitution expressly forbids states from passing laws impairing the obligation of contracts.

Dickey must still follow the conditions of her waiver. The state of Oregon said she must also satisfy some state requirements. But she may be able to finally build on her land.

About 6,500 landowners filed claims under Measure 37. The Oregon Legislature should not be content that people like Velma Dickey, who played by the rules, have to fight their way through a legal and bureaucratic thicket.