S-3979.1  _______________________________________________

 

                         SENATE BILL 6589

          _______________________________________________

 

State of Washington      54th Legislature     1996 Regular Session

 

By Senators Drew, Haugen, Hale, Spanel, Sheldon, Goings, Winsley, Finkbeiner, Snyder and Rasmussen

 

Read first time 01/18/96.  Referred to Committee on Government Operations.

 

Informing owners about restrictions on real estate.



    AN ACT Relating to information from cities, towns, and counties regarding restrictions on real estate; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.70 RCW; and creating a new section.

 

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

 

    NEW SECTION.  Sec. 1.  The intent of this legislation is to assure that owners of real property are provided with timely and accurate information by cities, towns, and counties with regard to any restrictions on the use of their real estate imposed by the city, town, or county in which the real property is located.

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 35.21 RCW to read as follows:

    (1) Upon receipt of a written request for a statement of restrictions submitted by the owner of any single parcel, tract, lot, or block of real property, the city or town in which the real property is located shall provide the owner with a written statement of restrictions.  This statement shall include the following information regarding the parcel, tract, lot, or block:  (a) The current zoning and any approved variances; (b) any pending zoning changes or variances; and (c) any designation of any portion of the property as agricultural land, forest land, mineral resource land, wetland, an area with a critical recharging effect on aquifers used for potable water, a fish and wildlife habitat conservation area, a frequently flooded area, and as a geological hazardous area.

    (2) If a city or town fails to provide a complete statement of restrictions as required by subsection (1) of this section within thirty days of receipt of the written request, the requesting owner shall be awarded recovery of all attorneys' fees and costs incurred in any successful application for a writ of mandamus to compel production of a complete statement.

    (3) For purposes of this section, the term "owner" includes any vested owner or any person holding the buyer's interest under a recorded real estate contract in which the seller is the vested owner.

 

    NEW SECTION.  Sec. 3.  A new section is added to chapter 35A.21 RCW to read as follows:

    (1) Upon receipt of a written request for a statement of restrictions submitted by the owner of any single parcel, tract, lot, or block of real property, the code city in which the real property is located shall provide the owner with a written statement of restrictions.  This statement shall include the following information regarding the parcel, tract, lot, or block:  (a) The current zoning and any approved variances; (b) any pending zoning changes or variances; and (c) any designation of any portion of the property as agricultural land, forest land, mineral resource land, wetland, an area with a critical recharging effect on aquifers used for potable water, a fish and wildlife habitat conservation area, a frequently flooded area, and as a geological hazardous area.

    (2) If a code city fails to provide a complete statement of restrictions as required by subsection (1) of this section within thirty days of receipt of the written request, the requesting owner shall be awarded recovery of all attorneys' fees and costs incurred in any successful application for a writ of mandamus to compel production of a complete statement.

    (3) For purposes of this section, the term "owner" includes any vested owner or any person holding the buyer's interest under a recorded real estate contract in which the seller is the vested owner.

 

    NEW SECTION.  Sec. 4.  A new section is added to chapter 36.70 RCW to read as follows:

    (1) Upon receipt of a written request for a statement of restrictions submitted by the owner of any single parcel, tract, lot, or block of real property, the county in which the real property is located shall provide the owner with a written statement of restrictions.  This statement shall include the following information regarding the parcel, tract, lot, or block:  (a) The current zoning and any approved variances; (b) any pending zoning changes or variances; and (c) any designation of any portion of the property as agricultural land, forest land, mineral resource land, wetland, an area with a critical recharging effect on aquifers used for potable water, a fish and wildlife habitat conservation area, a frequently flooded area, and as a geological hazardous area.

    (2) If a county fails to provide a complete statement of restrictions as required by subsection (1) of this section within thirty days of receipt of the written request, the requesting owner shall be awarded recovery of all attorneys' fees and costs incurred in any successful application for a writ of mandamus to compel production of a complete statement.

    (3) For purposes of this section, the term "owner" includes any vested owner or any person holding the buyer's interest under a recorded real estate contract in which the seller is the vested owner.

 


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