H-3826              _______________________________________________

                                                   HOUSE BILL NO. 1907

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Dobbs, Chandler, Hargrove, Hastings, Padden, J. Williams, L. Smith, Bond, B. Williams, Lewis, Patrick, Fuhrman, Sanders, Isaacson, Schoon and May

Read first time 1/24/86 and referred to Committee on Judiciary.

AN ACT Relating to protecting private property rights; adding a new chapter to Title 64 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The Washington state legislature hereby finds that the preservation and protection of private property rights is fundamental to a free society.  The Washington state legislature finds further that the preservation and protection of private property rights is a vital and legitimate state purpose.

NEW SECTION. Sec. 2.     The state of Washington shall not enter into any agreement with any government which destroys or significantly reduces the value of any Washington resident's real property, unless such resident shall have voluntarily agreed in writing to the state's action.

NEW SECTION. Sec. 3.     No agreement by the state of Washington with any other government shall be effective as against the private property rights of state residents unless the resident's consent to the agreement or a court of competent jurisdiction finds that no property rights have been lost or values significantly reduced by the state action.  The burden of proof shall be on the state which must demonstrate no loss of property rights or significantly reduced values by clear and convincing evidence.

NEW SECTION. Sec. 4.     In the event that the federal government should unilaterally impose restriction on the private property of Washington state residents, it shall be presumed that such restrictions either destroy or significantly reduce property values of Washington state residents.  The state of Washington shall commit its resources on behalf of the residents whose property rights have been destroyed or significantly reduced by aggressively pursuing every legal avenue possible to protect and preserve the private property rights of its residents.

NEW SECTION. Sec. 5.     This act shall be known as the property rights act of 1986.

NEW SECTION. Sec. 6.     Sections 1 through 5 of this act shall constitute a new chapter in Title 64 RCW.

NEW SECTION. Sec. 7.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.