S-3454.1  _______________________________________________

                         SENATE BILL 6366

          _______________________________________________

State of Washington   57th Legislature        2002 Regular Session

By Senators Shin, Fairley, Kastama, Rasmussen, Stevens, Costa and Gardner

Read first time 01/16/2002.  Referred to Committee on State & Local Government.

Regulating the authority of metropolitan municipal corporations to acquire property.

    AN ACT Relating to metropolitan municipal corporations; and amending RCW 35.58.320.

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

    Sec. 1.  RCW 35.58.320 and 1993 c 240 s 8 are each amended to read as follows:

(1) A metropolitan municipal corporation shall have power to acquire by purchase and condemnation all lands and property rights, both within and without the metropolitan area, ((which are necessary for its purposes)) as long as the property is within the legally established service area boundaries of the metropolitan municipal corporation, which are necessary for its purposes, subject to the provisions set forth in subsections (2) and (3) of this section.  Such right of eminent domain shall be exercised by the metropolitan council in the same manner and by the same procedure as is or may be provided by law for cities, except insofar as such laws may be inconsistent with the provisions of this chapter.

(2) A metropolitan municipal corporation shall not condemn lands for an essential public facility, provided for in RCW 36.70A.200, at a location outside its legally established service area boundaries without a finding by the legislative authority of the city and county in which the land is located that the location of the essential public facility is consistent with that city's or county's comprehensive plan.

(3) The provisions of subsection (2) of this section are to be applied retroactively.

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