H-0713.1 _______________________________________________
HOUSE BILL 1162
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State of Washington 52nd Legislature 1991 Regular Session
By Representatives D. Sommers, Hargrove, Padden, Paris, Kremen, Tate, Rasmussen, McLean, Grant, Lisk, Chandler, Ferguson, Pruitt, Ballard, Wood, P. Johnson, Forner, Casada, Horn, Sheldon, Brumsickle, Mielke, Hochstatter, Broback, Van Luven, May, Fuhrman, Morton, Edmondson, Brough, Basich, Mitchell, Wynne, Bowman, Moyer and Orr.
Read first time January 21, 1991. Referred to Committee on Judiciary.
AN ACT Relating to governmental regulatory action; adding a new chapter to Title 64 RCW; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. This chapter shall be known and may be cited as the private property protection act.
NEW SECTION. Sec. 2. Whenever implementation by the state or any of its political subdivisions of any land use planning, zoning, or other regulatory program, other than an exercise of the police power to prevent noxious use or demonstrable harm to the health and safety of the public, operates to reduce the fair market value of real property to less than fifty percent of its value for the uses permitted at the time the owner acquired the title, or January 1, 1992, whichever is later, the property shall be deemed to have been taken for the use of the public. The owner of that real property shall have the right to require condemnation by and just compensation from the governmental unit imposing the restriction, or to receive compensation for the reduction in value caused by the government action, and in either case to have such compensation determined by a jury.
NEW SECTION. Sec. 3. If the governmental unit of which inverse condemnation is successfully required under section 2 of this act is unwilling or unable to pay the costs awarded, it may instead relax the land use planning, zoning, or other regulatory program as it affects the plaintiff's land and all similarly situated land in the jurisdiction in which the regulatory program is in effect, to the level of regulation in place as of the time the owner acquired title or January 1, 1992, whichever is later. In such event, the governmental unit shall be liable to the plaintiff landowner for the reasonable and necessary costs of the inverse condemnation action, plus any actual and demonstrable economic losses caused the plaintiff by the regulation during the period in which it was in effect.
NEW SECTION. Sec. 4. Nothing in this chapter shall preclude legal challenges by property owners in instances where the regulatory diminution of value does not exceed fifty percent of fair market value for the uses permitted at the time the owner acquired title, or January 1, 1992, whichever is later.
NEW SECTION. Sec. 5. Whenever, after January 1, 1992, the state or any of its political subdivisions imposes, changes, or implements any land use planning, zoning, or other regulatory program, other than an exercise of the police power to prevent noxious use or demonstrable harm to the health and safety of the public, in such a way as to reduce the previous fair market value of a taxpayer's property, the listers of a municipality shall, on or before the ensuing April 1st, adjust the taxpayer's grand list downward by an amount equal to the difference between the fair market value of the property under the new regulatory program, and the previous fair market value.
NEW SECTION. Sec. 6. Sections 1 through 5 of this act shall constitute a new chapter in Title 64 RCW.
NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 8. This act shall take effect January 1, 1992.