BP BHEAD INT S

AN ACT Relating to property owners' rights to property uses presumed in assessment calculations; amending RCW 84.40.030, 35.44.047, and 36.94.220; adding a new section to chapter 35.22 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.32 RCW; and adding a new section to chapter 36.70 RCW.

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

Sec. 1. RCW 84.40.030 and 1994 c 124 s 20 are each amended to read as follows:

All property shall be valued at one hundred percent of its true and fair value in money and assessed on the same basis unless specifically provided otherwise by law.

Taxable leasehold estates shall be valued at such price as they would bring at a fair, voluntary sale for cash without any deductions for any indebtedness owed including rentals to be paid.

The true and fair value of real property for taxation purposes (including property upon which there is a coal or other mine, or stone or other quarry) shall be based upon the following criteria:

(1) Any sales of the property being appraised or similar properties with respect to sales made within the past five years. The appraisal shall be consistent with the comprehensive land use plan, development regulations under chapter 36.70A RCW, zoning, and any other governmental policies or practices in effect at the time of appraisal that affect the use of property, as well as physical and environmental influences. In the event an assessment is determined by a method which assumes a land usage not permitted under existing zoning or land use planning ordinances or statutes, the owner may, from the time such assessment is entered upon the assessment roll, use such property in the manner assumed in calculating such assessment, notwithstanding the restrictions of such zoning or land use planning ordinances or statutes. The appraisal shall also take into account: (a) In the use of sales by real estate contract as similar sales, the extent, if any, to which the stated selling price has been increased by reason of the down payment, interest rate, or other financing terms; and (b) the extent to which the sale of a similar property actually represents the general effective market demand for property of such type, in the geographical area in which such property is located. Sales involving deed releases or similar seller-developer financing arrangements shall not be used as sales of similar property.

(2) In addition to sales as defined in subsection (1), consideration may be given to cost, cost less depreciation, reconstruction cost less depreciation, or capitalization of income that would be derived from prudent use of the property. In the case of property of a complex nature, or being used under terms of a franchise from a public agency, or operating as a public utility, or property not having a record of sale within five years and not having a significant number of sales of similar property in the general area, the provisions of this subsection (2) shall be the dominant factors in valuation. When provisions of this subsection (2) are relied upon for establishing values the property owner shall be advised upon request of the factors used in arriving at such value.

(3) In valuing any tract or parcel of real property, the value of the land, exclusive of structures thereon shall be determined; also the value of structures thereon, but the valuation shall not exceed the value of the total property as it exists. In valuing agricultural land, growing crops shall be excluded.

Sec. 2. RCW 35.44.047 and 1969 ex.s. c 258 s 7 are each amended to read as follows:

Notwithstanding the methods of assessment provided in RCW 35.44.030, 35.44.040 and 35.44.045, the city or town may use any other method or combination of methods to compute assessments which may be deemed to more fairly reflect the special benefits to the properties being assessed. The failure of the council to specifically recite in its ordinance ordering the improvement and creating the local improvement district that it will not use the zone and termini method of assessment shall not invalidate the use of any other method or methods of assessment. An assessment may be determined by a method which assumes a land usage for a particular lot, tract, or parcel not permitted under existing zoning or land-use planning ordinances or statutes, provided that the owner may, from the time such assessment is entered upon the assessment roll, use any such lot, tract, or parcel of land in the manner assumed in calculating such assessment, notwithstanding the restrictions of such zoning or land-use planning ordinances or statutes.

Sec. 3. RCW 36.94.220 and 1981 c 313 s 3 are each amended to read as follows:

(1) A county shall have the power to establish utility local improvement districts and local improvement districts within the area of a sewerage and/or water general plan and to levy special assessments under a mode of annual installments extending over a period not exceeding twenty years on all property specially benefited by any local improvement on the basis of the special benefits to pay in whole or in part the damages or costs of any improvements ordered in such county.

(2) Utility local improvement districts and local improvement districts may include territory within a city or town only with the written consent of the city or town, but if the local district is formed before such area is included within the city or town, no such consent shall be necessary. Utility local improvement districts and local improvement districts used to provide sewerage disposal systems may include territory within a sewer district or within a water district providing sewerage disposal systems only with the written consent of the sewer district or such a water district, but if the local district is formed before such area is included within the sewer district or such a water district, no consent is necessary. Utility local improvement districts and local improvement districts used to provide water systems may include territory within a water district or within a sewer district providing water systems only with the written consent of the water district or such a sewer district, but if the local district is formed before such area is included within the water district or such a sewer district, no consent is necessary.

(3) The levying, collection, and enforcement of all public assessments hereby authorized shall be in the manner now and hereafter provided by law for the levying, collection, and enforcement of local improvement assessments by cities and towns, insofar as the same shall not be inconsistent with the provisions of this chapter. In addition, the county shall file the preliminary assessment roll at the time and in the manner prescribed in RCW 35.50.005. The duties devolving upon the city treasurer under such laws are imposed upon the county treasurer for the purposes of this chapter. The mode of assessment shall be in the manner to be determined by the county legislative authority by ordinance or resolution. As an alternative to equal annual assessment installments of principal provided for cities and towns, a county legislative authority may provide for the payment of such assessments in equal annual installments of principal and interest. Assessments in any local district may be made on the basis of special benefits up to but not in excess of the total cost of any sewerage and/or water improvement made with respect to that local district and the share of any general sewerage and/or water facilities allocable to that district. In utility local improvement districts, assessments shall be deposited into the revenue bond fund or general obligation bond fund established for the payment of bonds issued to pay such costs which bond payments are secured in part by the pledge of assessments, except pending the issuance and sale of such bonds, assessments may be deposited in a fund for the payment of such costs. In local improvement districts, assessments shall be deposited into a fund for the payment of such costs and local improvement bonds issued to finance the same or into the local improvement guaranty fund as provided by applicable statute.

(4) An assessment may be determined by a method which assumes a land usage for a particular lot, tract, or parcel not permitted under existing zoning or land-use planning ordinances or statutes, provided that the owner may, from the time such assessment is entered upon the assessment roll, use any such lot, tract, or parcel of land in the manner assumed in calculating such assessment, notwithstanding the restrictions of such zoning or land-use planning ordinances or statutes.

NEW SECTION. Sec. 4. A new section is added to chapter 35.22 RCW to read as follows:

Zoning and other land use controls adopted by a first class city under the authority of its charter are subject to the owner's right to property uses presumed in assessment calculations provided in RCW 84.40.030, 35.44.047, and 36.94.220.

NEW SECTION. Sec. 5. A new section is added to chapter 35.63 RCW to read as follows:

County, city, and town zoning and other land use controls are subject to the owner's right to property uses presumed in assessment calculations provided in RCW 84.40.030, 35.44.047, and 36.94.220.

NEW SECTION. Sec. 6. A new section is added to chapter 35A.63 RCW to read as follows:

Code city zoning and other land use controls are subject to the owner's right to property uses presumed in assessment calculations provided in RCW 84.40.030, 35.44.047, and 36.94.220.

NEW SECTION. Sec. 7. A new section is added to chapter 36.32 RCW to read as follows:

Zoning and other land use controls adopted by a charter county under the authority of its charter are subject to the owner's right to property uses presumed in assessment calculations provided in RCW 84.40.030, 35.44.047, and 36.94.220.

NEW SECTION. Sec. 8. A new section is added to chapter 36.70 RCW to read as follows:

County zoning and other land use controls are subject to the owner's right to property uses presumed in assessment calculations provided in RCW 84.40.030, 35.44.047, and 36.94.220.