2023-S AMH TAYL HATF 106

SHB 2023 - H AMD 298

By Representative Taylor

NOT ADOPTED 03/07/2017

On page 1, at the beginning of line 7, insert "(1)"

    On page 1, beginning on line 13, after "RCW 36.70A.360, is" strike all material through "order." on page 2, line 3 and insert "the date of publication of notice of adoption of the comprehensive plan, development regulation, or amendment to the plan or regulation, modifying the boundaries of the urban growth areas as provided in RCW 36.70A.290(2).

    (2) In circumstances where a fully contained community or master planned resort is delayed due to a petition filed with the growth management hearings board in which the petitioner is not the prevailing party, a property owner impacted by the delay associated with the effective dates of certain actions specified in this section may file a civil lawsuit to recover from the petitioners the damages the property owner has incurred. This includes, but is not limited to, court costs, attorneys' fees, and compensation for financing fees, charges, or interest assessed to the impacted property while the action was pending."

EFFECT:

· Provides that the effective date of specified actions under the Growth Management Act is the date of publication of notice of the action. The specified actions include the expansion of an urban growth area, the removal of the designation of resource lands, the creation or expansion of limited areas of more intensive rural development, the establishment of a new fully contained community, or the creation or expansion of a master planned resort. 

· Provides that if the effective date of a master planned resort or a fully contained community is delayed by a petition filed with the Growth Management Hearings Board and the petitioner does not prevail, a property owner impacted by that delay is authorized to recover from the petitioner court costs, attorneys' fees, and compensation for financing fees, charges, or interest assessed to the impacted property while the action was pending.

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