_______________________________________________
SUBSTITUTE
HOUSE BILL 1915
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Passed
Legislature - 1993 Regular Session
State
of Washington 53rd Legislature 1993
Regular Session
By
Read
first time 03/01/93.
Allowing less restrictive easements concerning aircraft noise.
AN ACT Relating to aircraft noise abatement;
and amending RCW 53.54.030.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 53.54.030 and 1985 c 115 s 1 are each amended to read as follows:
For the purposes of this chapter, in developing
a remedial program, the port commission may utilize one or more of the
following programs:
(1) Acquisition of property or property rights
within the impacted area, which shall be deemed necessary to accomplish a port
purpose. The port district may purchase such property or property rights by
time payment notwithstanding the time limitations provided for in RCW
53.08.010. The port district may mortgage or otherwise pledge any such
properties acquired to secure such transactions. The port district may assume
any outstanding mortgages.
(2) Transaction assistance programs, including
assistance with real estate fees and mortgage assistance, and other
neighborhood remedial programs as compensation for impacts due to aircraft
noise and noise associated conditions. Any such programs shall be in
connection with properties located within an impacted area and shall be
provided upon terms and conditions as the port district shall determine
appropriate.
(3) Programs of soundproofing structures
located within an impacted area. Such programs may be executed without regard
to the ownership, provided the owner waives ((all)) damages and conveys
((a full and unrestricted)) an easement for the operation of ((all))
aircraft, and for ((all)) noise and noise associated conditions
therewith, to the port district.
(4) Mortgage insurance of private owners of
lands or improvements within such noise impacted area where such private owners
are unable to obtain mortgage insurance solely because of noise impact. In
this regard, the port district may establish reasonable regulations and may
impose reasonable conditions and charges upon the granting of such mortgage
insurance: PROVIDED, That such fees and charges shall at no time exceed fees
established for federal mortgage insurance programs for like service.
(5) An individual property may be provided
benefits by the port district under each of the programs described in
subsections (1) through (4) of this section. However, an individual property
may not be provided benefits under any one of these programs more than once,
unless the property is subjected to increased aircraft noise or differing
aircraft noise impacts that would have afforded different levels of mitigation,
even if the property owner had waived all damages and conveyed a full and
unrestricted easement.
(6) Management of all lands, easements, or
development rights acquired, including but not limited to the following:
(a) Rental of any or all lands or structures
acquired;
(b) Redevelopment of any such lands for any
economic use consistent with airport operations, local zoning and the state
environmental policy;
(c) Sale of such properties for cash or for
time payment and subjection of such property to mortgage or other security
transaction: PROVIDED, That any such sale shall reserve to the port district
by covenant an unconditional right of easement for the operation of all
aircraft and for all noise or noise conditions associated therewith.
(7) A property shall be considered within the
impacted area if any part thereof is within the impacted area.
