FINAL BILL REPORT

SB 5049

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 213 L17

Synopsis as Enacted

Brief Description: Concerning relocation assistance following real property acquisition.

Sponsors: Senator King.

Senate Committee on Transportation

House Committee on Judiciary

Background: In 1970, Congress adopted the Uniform Relocation Assistance and Real Property Acquisition Policies Act and the Washington State Legislature followed suit with a state version of the federal law in 1971. Relocation assistance generally addresses the costs incurred by a property owner moving a residence, business, farm operation, or other personal property when real property is being acquired for a public purpose.

Generally, federal law requires that relocation assistance and acquisition laws apply to all state and local governments engaged in projects which are funded in whole or in part by federal monies. In cases where no federal funds are being expended, local public agencies are not required to comply with relocation assistance laws. Additionally, in 1988, nongovernmental entities having the authority to exercise eminent domain were provided the authority to choose not to comply with certain provisions of relocation and acquisition procedures and reimbursements when no federal funds were being expended on the project.

Summary: For programs or projects that are initiated after December 2017, the authority of local public agencies to choose to not comply with relocation assistance laws when a project does not include federal funds is removed.

The provision for nongovernmental entities with the authority to acquire property by eminent domain to not comply with certain acquisition procedures and reimbursement of certain expenses is removed.

State agencies that provide grant funds for a local project that displaces people may not restrict a local government from using the state grant funds for relocation assistance purposes.

Intent language is added stating that it is the purpose of this chapter to require state, local public agencies, and other persons who have the authority to acquire property by eminent domain under state law to comply with the provisions of the relocation assistance act to assure fair and equitable treatment of all persons and property owners impacted by public projects.

Votes on Final Passage:

Senate

48

0

House

97

0

(House amended)

Senate

49

0

(Senate concurred)

Effective:

July 23, 2017