HB 1935-S - DIGEST

(DIGEST AS PASSED LEGISLATURE)

     Declares that notwithstanding any zoning provision pertaining to minimum lot sizes, inherited property that is exempt from subdivision and platting requirements pursuant to RCW 58.17.040(3) may be developed, so long as:  (1) The property is developed for a use that is authorized for that property under current zoning laws;

     (2) each lot that is created contains sufficient area for a single-family residence and an on-site sewage disposal system using any method of on-site sewage disposal appropriate for the lot under standards that exist when the lots are created, as determined by the local health department;

     (3) the people inheriting the property are immediate family members of the deceased; and

     (4) the number of parcels into which the property is divided equals the number of immediate family members who inherit property under this section, not to exceed ten parcels.

VETO MESSAGE ON HB 1935-S

                   May 19, 1997

To the Honorable Speaker and Members,

  The House of Representatives of the State of Washington

Ladies and Gentlemen:

     I am returning herewith, without my approval, Substitute House Bill No. 1935 entitled:

"AN ACT Relating to the development of inherited property;"

     Substitute House Bill No. 1935 would have allowed immediate family members who inherited land to subdivide the property into a number of parcels no greater than the number of descendants who qualify, but in no instance more than ten.  This subdivision of property would be permitted regardless of minimum lot sizes or any other zoning restrictions applying to that type of property.

     Although I recognize and sympathize with the difficulty sometimes faced by multiple family member inheritors of property, who in some instances cannot subdivide their inherited property among themselves, this bill has the potential of creating vastly more problems than it would resolve.  For example, each lot could be put to uses that may only be safe and appropriate for the larger parcel.  Subdivisions could greatly exceed densities established under zoning laws that affect surrounding property.  Also, due to its lack of clarity, the bill could create many problems for people planning their estates to reduce federal estate taxes.

     There is no sound public policy reason to allow such special privileges under SHB 1935.

     For these reasons, I have vetoed Substitute House Bill No. 1935 in its entirety.

                   Respectfully submitted,

                   Gary Locke

                   Governor