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               ENGROSSED SUBSTITUTE SENATE BILL 6497

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State of Washington      55th Legislature     1998 Regular Session

By Senate Committee on Government Operations (originally sponsored by Senators McCaslin, T. Sheldon, Anderson and Oke)

Read first time 02/06/98.

Taking private property.   

    AN ACT Relating to the taking of private property; amending RCW 36.70A.370; and creating a new section.

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

    Sec. 1.  RCW 36.70A.370 and 1991 sp.s. c 32 s 18 are each amended to read as follows:

    (1) It is the public policy of the state of Washington that state agencies and local governments, in planning and carrying out governmental actions, anticipate, be sensitive to, and account for the obligations imposed by the fifth and the fourteenth amendments of the United States Constitution and Article I, section 16 of the state Constitution.  It is the purpose of this section to reduce the risk of undue or inadvertent burdens on private property rights resulting from certain lawful governmental actions.

(2) 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))) (3) For any governmental action by local or state government requiring a public hearing, the local or state government shall address in its public hearing the guidelines of the state attorney general under subsection (2) of this section.  The local or state government shall prepare written findings and conclusions available to the public, using the state attorney general's guidelines, on whether the governmental action may result in an unconstitutional taking of private property.

(4) Local governments that are required or choose to plan under RCW 36.70A.040 and state agencies shall utilize the process established by subsections (((1))) (2) and (3) 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))) (5) 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.

NEW SECTION. Sec. 2.  If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature.  The claims shall be subject to verification by the office of financial management.

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