HOUSE BILL REPORT

SB 5747

As Amended by the House

BYSenators Williams, Kreidler and Bluechel

Providing for a nonprofit historic preservation corporation.

House Committe on Housing

Majority Report:  Do pass with amendment.  (9)

      Signed by Representatives Nutley, Chair; Leonard, Vice Chair; Armstrong, Barnes, Ebersole, Padden, Sanders, Todd and J. Williams.

House Staff:Kenny Pittman (786-7392)

AS PASSED HOUSE APRIL 16, 1987

BACKGROUND:

The present law authorizes the conveyance of less than fee interests in real property to governmental units and nonprofit nature conservancy corporations for the purpose of conservation of any land or improvements upon the land.  Such interests constitute real property, and are to be conveyed in the form required by law for the conveyance of other interests in real property.

The present law des not authorize federal agencies and nonprofit historic preservation corporations to receive, through the conveyance of less than fee interests in real property, interest in land or improvements upon the land.

As a result of this omission, nonprofit historic preservation corporations and federal agencies have been unable to accept conservation easements for the purpose of historic preservation.

The conservation easement is used by groups eligible to receive easements, as a tool to set criteria and monitor conformance to the criteria, by the property owner.

The present law authorizes the acquisition of selected open space land, farm and agricultural land and timber land for public use and enjoyment, by local governmental units and nonprofit nature conservancy corporations or associations.  Acquisition of the property can not be by eminent domain and can consist of the fee simple or any lesser interest, easement, development right or other contractual right necessary to protect or preserve the property.

SUMMARY:

The state law is amended to include nonprofit historic preservation corporations and federal agencies as qualified to receive conservation easements. A nonprofit historic preservation corporation is defined as an organization qualifying as tax exempt under the federal law and having as one of its principal purposes the conducting of historic preservation activities within the state, including conservation or preservation of historic sites, districts, buildings and artifacts.

The criteria established in the original conservation easement, for the purpose of monitoring historical conformance between the property owner and conservation easement holder can not be exceeded.  The right to exceed the original criteria in the conservation easement must be agreed to in writing.

The state law is amended to include nonprofit historic preservation corporations as qualified to acquire selected open space land, farm land and agricultural land and timber land for public use and enjoyment.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Caroline Gallacci, Washington Trust for Historic Preservation.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Twenty-six states presently have a law similar to SB 5747 for historic preservation easements.  Donation of easements are often regarded as charitable contributions for tax purposes.  This bill would allow historic preservation corporations to receive historic easements.  In Pierce County alone there are 35 historic preservation sites.

House Committee - Testimony Against:      None Presented.