S-1643.4  _______________________________________________

                    SUBSTITUTE SENATE BILL 5144

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senate Committee on State & Local Government (originally sponsored by Senators Patterson and Winsley)

Read first time 03/03/1999.

Changing provisions regarding relocation assistance.

    AN ACT Relating to relocation assistance; and amending RCW 8.26.010.

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

    Sec. 1.  RCW 8.26.010 and 1988 c 90 s 1 are each amended to read as follows:

    (1) The purposes of this chapter are:

    (a) To establish a uniform policy for the fair and equitable treatment of persons displaced as a direct result of public works programs of the state and local governments in order that such persons shall not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole and to minimize the hardship of displacement on such persons;

    (b) To encourage and expedite the acquisition of real property for public works programs by agreements with owners, to reduce litigation and relieve congestion in the courts, to assure consistent treatment for owners affected by state and local programs, and to promote public confidence in state and local land acquisition practices.

    (2) Notwithstanding the provisions and limitations of this chapter requiring a local public agency to comply with the provisions of this chapter, the governing body of any local public agency may elect not to comply with the provisions of RCW 8.26.035 through 8.26.115 in connection with a program or project not receiving federal financial assistance.  Any person who has the authority to acquire property by eminent domain under state law may elect not to comply with RCW 8.26.180 through 8.26.200 in connection with a program or project not receiving federal financial assistance.

    (3) Any determination by the head of a state agency or local public agency administering a program or project as to payments under this chapter is subject to review pursuant to chapter 34.05 RCW; otherwise, no provision of this chapter may be construed to give any person a cause of action in any court.  For such review the administrative head of the displacing agency shall request the appointment of an administrative law judge under Title 34 RCW.  The administrative law judge shall be the presiding officer of the adjudicative proceeding held under Title 34 RCW.

    (4) If the displaced person is the prevailing party at the adjudicative proceeding, then he or she shall receive reasonable attorneys' fees and costs.

(5) Nothing in this chapter may be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately before March 16, 1988.

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