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SENATE BILL NO. 5747
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AS AMENDED BY THE HOUSE
C 341 L 87
State of Washington 50th Legislature 1987 Regular Session
By Senators Williams, Kreidler and Bluechel
Read first time 2/9/87 and referred to Committee on Parks & Ecology.
AN ACT Relating to historic preservation corporations; amending RCW 64.04.130, 84.34.210, and 84.34.220; and adding a new section to chapter 64.04 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 1, chapter 21, Laws of 1979 ex. sess. and RCW 64.04.130 are each amended to read as follows:
A development right, easement, covenant, restriction, or other right, or any interest less than the fee simple, to protect, preserve, maintain, improve, restore, limit the future use of, or conserve for open space purposes, any land or improvement on the land, whether the right or interest be appurtenant or in gross, may be held or acquired by any state agency, federal agency, county, city, town, or metropolitan municipal corporation, nonprofit historic preservation corporation, or nonprofit nature conservancy corporation. Any such right or interest shall constitute and be classified as real property. All instruments for the conveyance thereof shall be substantially in the form required by law for the conveyance of any land or other real property.
As used in this section, "nonprofit nature conservancy corporation" means an organization which qualifies as being tax exempt under 26 U.S.C. section 501(c)(3) (of the United States Internal Revenue Code of 1954, as amended) as it existed on June 25, 1976, and which has as one of its principal purposes the conducting or facilitating of scientific research; the conserving of natural resources, including but not limited to biological resources, for the general public; or the conserving of natural areas including but not limited to wildlife or plant habitat.
As used in this section, "nonprofit historic preservation corporation" means an organization which qualifies as being tax exempt under 26 U.S.C. section 501(c)(3) of the United States Internal Revenue Code of 1954, as amended, and which has as one of its principal purposes the conducting or facilitating of historic preservation activities within the state, including conservation or preservation of historic sites, districts, buildings, and artifacts.
Sec. 2. Section 2, chapter 243, Laws of 1971 ex. sess. as amended by section 1, chapter 22, Laws of 1975-'76 2nd ex. sess. and RCW 84.34.210 are each amended to read as follows:
Any county,
city, town, ((or)) metropolitan municipal corporation, nonprofit
historic preservation corporation as defined in RCW 64.04.130, or nonprofit
nature conservancy corporation or association, as such are defined in RCW
84.34.250, may acquire by purchase, gift, grant, bequest, devise, lease, or
otherwise, except by eminent domain, the fee simple or any lesser interest,
development right, easement, covenant, or other contractual right necessary to
protect, preserve, maintain, improve, restore, limit the future use of, or
otherwise conserve, selected open space land, farm and agricultural land, and
timber land as such are defined in chapter 84.34 RCW for public use or
enjoyment. Among interests that may be so acquired are mineral rights. Any
county, city, town, metropolitan municipal corporation, nonprofit historic
preservation corporation as defined in RCW 64.04.130, or nonprofit nature
conservancy corporation or association, as such are defined in RCW 84.34.250,
may acquire such property for the purpose of conveying or leasing the property
back to its original owner or other person under such covenants or other
contractual arrangements as will limit the future use of the property in
accordance with the purposes of this 1971 amendatory act.
Sec. 3. Section 3, chapter 243, Laws of 1971 ex. sess. as amended by section 2, chapter 22, Laws of 1975-'76 2nd ex. sess. and RCW 84.34.220 are each amended to read as follows:
In accordance with the authority granted in RCW 84.34.210, a county, city, town, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in RCW 84.34.250, may specifically purchase or otherwise acquire, except by eminent domain, rights in perpetuity to future development of any open space land, farm and agricultural land, and timber land which are so designated under the provisions of chapter 84.34 RCW and taxed at current use assessment as provided by that chapter. For the purposes of this 1971 amendatory act, such developmental rights shall be termed "conservation futures". The private owner may retain the right to continue any existing open space use of the land, and to develop any other open space use, but, under the terms of purchase of conservation futures, the county, city, town, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in RCW 84.34.250, may forbid or restrict building thereon, or may require that improvements cannot be made without county, city, town, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in RCW 84.34.250, permission. The land may be alienated or sold and used as formerly by the new owner, subject to the terms of the agreement made by the county, city, town, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in RCW 84.34.250, with the original owner.
NEW SECTION. Sec. 4. A new section is added to chapter 64.04 RCW to read as follows:
The criteria for monitoring historical conformance shall not exceed those included in the original donation agreement, unless agreed to in writing between grantor and grantee.