BP BHEAD INT H

AN ACT Relating to regulation of private property; and adding a new chapter to Title 64 RCW.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Full compensation" means the reduction in the fair market value of property that is attributable to the new regulation or restriction. The reduction must be measured as of the date of the imposition of restriction on the use of private property.

(2) "Governmental entity" means Washington state, state agencies, agencies and commissions funded fully or partially by the state, counties, cities, and other political subdivisions.

(3) "Private property" means a monetary interest in real property recognized under Washington law, including;

(a) Land;

(b) An interest in land or improvements on the land; and

(4) "Restriction" means a limitation, requirement, or restriction by a governmental entity that limits the use of private property, including ordinances, resolutions, rules, and statutes.

(5) "Unreasonable use of property" means use of property that a reasonable person would consider unreasonable in light of the historically permitted uses of similar property within the same general area as the subject property. This definition is intended to include at a minimum all actions that constitute nuisances under common law.

NEW SECTION. Sec. 2. (1) A governmental entity shall pay full compensation to the owner of a parcel of real property when the governmental entity imposes a restriction on the use of the real property or on a portion of a parcel of the real property that decreases the fair market value of the owner's entire monetary interest in the property by twenty-five percent or more.

(2) The compensation requirement in subsection (1) of this section does not apply when:

(a) The restriction only prevents, mitigates, or abates the injuries to another person or property that are likely to be caused by an unreasonable use of property;

(b) The restriction only mitigates the adverse effects to others or their property caused by the use of the remainder of the parcel;

(c) The restriction is part of a zoning ordinance common to the area surrounding the property that regulates the type or intensity of use permitted on the property.

(3) Restrictions imposed by more than one government action that cumulatively decrease the property value by twenty-five percent or more require each responsible government entity to pay its share of the decrease.

(4) A governmental entity may require waiving the compensation under this section neither as a condition of approval of use or another permit nor as a condition for subdivision of land.

(5) A governmental entity may not deflate the value of property by suggesting or threatening to adopt a regulation or restriction on the use of land to reduce the amount of compensation due to the owner.

(6) The assessor shall adjust property valuation for tax purposes and notify the owner of the new tax valuation, which must be reflected and identified in the next tax assessment notice, for property on which a governmental entity has imposed a restriction.

(7) The state is responsible for the compensation liability of other governmental entities for an action that restricts the use of property when the action is mandated by state law or a state agency.

(8) Claims for compensation as a result of a taking of private property under this chapter must be brought within the time period specified in RCW 4.16.080.

NEW SECTION. Sec. 3. When considering whether to adopt a new regulation or restriction on the use of land, a governmental entity may not require a private property owner to provide or pay for studies, maps, plans, or reports used in the consideration. This section does not prohibit government for requiring information from private property owners to determine whether a proposed use of land complies with state or local law.

NEW SECTION. Sec. 4. This chapter may be enforced in superior court against a governmental entity that fails to comply with this chapter by owner of property subject to the jurisdiction of the entity. A prevailing property owner is entitled to recover the costs of litigation, including reasonable attorneys' fees.

NEW SECTION. Sec. 5. This chapter is intended to provide protection to private property owners in addition to any constitutional rights under either or both the state and federal constitutions and is not intended to restrict or replace any constitutional rights.

NEW SECTION. Sec. 6. This act may be known and cited as the private property regulatory fairness act.

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. Sections 1 through 7 of this act shall constitute a new chapter in Title 64 RCW.