ENGROSSED SENATE BILL 5797
State of Washington 52nd Legislature 1991 Regular Session
By Senators McCaslin, Thorsness, L. Smith, Matson, Amondson, Hayner, Newhouse, Oke, Anderson, Barr, Sellar, Johnson, Cantu and Patterson.
Read first time February 21, 1991. Referred to Committee on Governmental Operations.
AN ACT Relating to property rights; amending RCW 64.40.010, 64.40.020, and 64.40.030; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that on many occasions the burden of a benefit to the public has been borne by individual private property owners. It is the intent of this act that the diminution in value of privately owned real property for a public good will be compensated by the public, which receives that benefit.
Sec. 2. RCW 64.40.010 and 1982 c 232 s 1 are each amended to read as follows:
As used in this chapter, the terms in this section shall have the meanings indicated unless the context clearly requires otherwise.
(1) "Agency" means the state of Washington, any of its political subdivisions, including any city, town, or county, and any other public body exercising regulatory authority or control over the use of real property in the state.
(2) "Permit" means any governmental approval required by law before an owner of a property interest may improve, sell, transfer, or otherwise put real property to use.
(3) "Property interest" means any interest or right in real property in the state.
"Damages" means reasonable expenses and losses, other than
speculative losses or profits, incurred between the time a cause of action
arises and the time a holder of an interest in real property is granted relief
as provided in RCW 64.40.020. Damages must be caused by an act, necessarily
incurred, and actually suffered, realized, or expended((
, but are not based
upon diminution in value of or damage to real property, or litigation expenses)).
(5) "Regulation" means any ordinance, resolution, or other rule or regulation adopted pursuant to the authority provided by state law, which imposes or alters restrictions, limitations, or conditions on the use of real property.
"Act" means a final decision by an agency which places requirements, limitations,
or conditions upon the use of real property ((
in excess of those allowed by
applicable regulations in effect on the date an application for a permit is
filed)). "Act" also means the failure of an agency to act within
time limits established by law in response to a property owner's application
for a permit: PROVIDED, That there is no "act" within the meaning of
this section when the owner of a property interest agrees in writing to
extensions of time, or to the conditions or limitations imposed (( upon an
application for a permit. "Act" shall not include lawful decisions
of an agency which are designed to prevent a condition which would constitute a
threat to the health, safety, welfare, or morals of residents in the area. In
any action brought pursuant to this chapter, a defense is available to a
political subdivision of this state that its act was mandated by a change in
statute or state rule or regulation and that such a change became effective
subsequent to the filing of an application for a permit)).
Sec. 3. RCW 64.40.020 and 1982 c 232 s 2 are each amended to read as follows:
Owners of a property interest ((
who have filed an application for a permit))
have an action for damages to obtain relief from acts of an agency which (( are
arbitrary, capricious, unlawful, or exceed lawful authority, or relief from a
failure to act within time limits established by law: PROVIDED, That the action
is unlawful or in excess of lawful authority only if the final decision of the
agency was made with knowledge of its unlawfulness or that it was in excess of
lawful authority, or it should reasonably have been known to have been unlawful
or in excess of lawful authority)) diminish the value of or damage their
(2) The prevailing party in an action brought pursuant to this chapter may be entitled to reasonable costs and attorney's fees.
cause of action is created for relief from unintentional procedural or
ministerial errors of an agency. (4))) Invalidation
of any regulation in effect prior to the date an application for a permit is
filed with the agency shall not constitute a cause of action under this
Sec. 4. RCW 64.40.030 and 1982 s 232 s 3 are each amended to read as follows:
Any action to assert claims under the provisions of this chapter shall be commenced only within thirty days after all administrative remedies have been exhausted or within one year of actions that have caused a diminution of value of real property interests if no administrative remedies are available.