S-3535.1          _______________________________________________


                                 SENATE BILL 6303



State of Washington              52nd Legislature             1992 Regular Session


By Senators Anderson, Barr, Amondson, Hayner, Craswell, L. Smith, Patterson, Rasmussen, Conner, Roach, Skratek and McCaslin


Read first time 01/24/92.  Referred to Committee on Governmental Operations.Concerning the designation of private land for public use.

     AN ACT Relating to land use; and adding new sections to chapter 8.28 RCW.




     NEW SECTION.  Sec. 1.      The legislature recognizes that when a governmental body designates a private property as a wetland, open space, or other public benefit property, or their buffers, the use of that property has been converted to a public one.

     Whenever private land is designated which prohibits or restricts the use of property by its owner, full compensation to the owner must be paid by the designating agency or jurisdiction.  This compensation must be paid at the time of designation.  The property owner may not waive this compensation as a condition of permit approval.

     Compensation must be paid to the owner of a private property designated simultaneously with enactment of the regulation, or restrictions shall not be imposed.  Regulations in effect prior to the effective date of this act will remain in effect only if compensation is paid to all property owners affected by July 1, 1992.  Upon designation the jurisdiction must provide, at public expense, access to private land made inaccessible by restrictive designation.  Full compensation will be the difference in value of the property prior to and after the property was identified as a wetland, plus attorneys' fees or other costs incurred by the property owner to collect the amount due.


     NEW SECTION.  Sec. 2.      Identification of a wetland, open space, or other public benefit property, or their buffers, can occur prior to a designation.  A governmental body may not deflate the value of property by suggesting or threatening a designation to avoid full compensation to the owner.  Those properties fitting the description of a wetland, open space, or other public benefit property, or their buffers, set forth by the restricting agency or jurisdiction may be identified as wetlands, open space, or other public benefit property, or their buffers, by their owners, and the public jurisdiction must provide immediate compensation.

     The value of the wetland prior to designation is the value of the property if there were no restrictions on its use by a governmental body other than those laws applied regardless of designation status.  A mitigation for the use of a wetland by its owner is prohibited.


     NEW SECTION.  Sec. 3.      All studies, mapping, plans, and reports on property being considered for designation as public benefit property, or its buffers, shall be paid for by the governmental entity that is considering designation or that has made the designation.


     NEW SECTION.  Sec. 4.      Sections 1 through 3 of this act are each added to chapter 8.28 RCW.