8738 AMS BENT SHEF 071

SFR 8738 - S AMD 416

   By    Senator Benton

   On page 1, beginning on line 6, strike all material after "; and" and insert the following:

   "WHEREAS, The United States Supreme Court's Kelo ruling allowed a city to use its power of eminent domain to transfer property from one private owner to another private owner for the "public purpose" of increasing tax revenues and economic development in the jurisdiction; and
   WHEREAS, Article 1, section 16 of the Washington Constitution specifically forbids such transfers and states that private property shall not be taken for private use, Washington courts have nonetheless created judicial exceptions that allow private property taken through the eminent domain powers of government to be transferred to uses that are in fact private in nature; and

   WHEREAS, the Senate finds that government's use of eminent domain in Washington should protect the private property of Washington citizens from actions that would take or damage private land, or any other interest in real property, that is not to be used for the construction of a public use facility or the provision of a public service necessary to protect public health and safety;

   NOW, THEREFORE, BE IT RESOLVED, That the Senate affirms and supports a government-wide policy that where private property condemned for a public purpose is no longer necessary for that public purpose, the owner of the property at the time it was condemned shall have a right of first refusal to purchase the property at the property's fair market value at the time it was condemned.

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