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ENGROSSED SENATE BILL 5070
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State of Washington 54th Legislature 1995 Regular Session
By Senators Haugen, Winsley, Drew, Sheldon and Fraser
Read first time 01/09/95. Referred to Committee on Government Operations.
AN ACT Relating to the study of the impact of growth management requirements on property values; amending RCW 36.70A.370; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The department of community, trade, and economic development and the department of revenue, in cooperation with the offices of county assessors, shall conduct a study of the impact, both positive and negative, of the implementation of the growth management act on the market value of real estate in those counties that are planning under the act. The study shall include an analysis of the impact related to the designation of critical areas, agricultural land, forest land, and mineral land and the fixing of interim and final urban growth boundaries. The study shall be completed and a report submitted to the legislature by January 1, 1996.
Sec. 2. RCW 36.70A.370 and 1991 sp.s. c 32 s 18 are each amended to read as follows:
(1) The state attorney general shall establish by October 1, 1991, an orderly, consistent process, including a checklist if appropriate, that better enables state agencies and local governments to evaluate proposed regulatory or administrative actions to assure that such actions do not result in an unconstitutional taking of private property. It is not the purpose of this section to expand or reduce the scope of private property protections provided in the state and federal Constitutions. The attorney general shall review and update the process at least on an annual basis to maintain consistency with changes in case law.
(2) Local governments that are required or choose to plan under RCW 36.70A.040 and state agencies shall utilize the process established by subsection (1) of this section to assure that proposed regulatory or administrative actions do not result in an unconstitutional taking of private property.
(3) ((The attorney
general, in consultation with the Washington state bar association, shall
develop a continuing education course to implement this section.
(4))) The process used by government agencies shall
be protected by attorney client privilege. Nothing in this section grants a
private party the right to seek judicial relief requiring compliance with the
provisions of this section.
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