1039-S AMH SCHI OSBO 007

SHB 1039 - H AMD

By Representative Schindler

On page 2, line 4, after "subdivision." insert the following:

"The legislature recognizes that eliminating a right to develop property under the regulations in place when a short subdivision is filed is a taking of property without compensation under the Fifth Amendment to the United States Constitution. Any local government which changes development regulations which were in place at the time a short subdivision is filed shall pay compensation to the property owner in an amount equal to the increased costs incurred to develop the property deriving from the changed regulations. If new development regulations adopted after the filing of the short subdivision eliminate the ability of the property owner to develop the property for a particular use that was allowed when the short subdivision was filed, the local government shall pay compensation to the property owner in an amount equal to the difference in the value of the property as it could have been developed under the development regulations in place when the short subdivision was filed and the value of the property after the local government has changed the development regulations."

EFFECT: 1)Requires that a local government that changes the development regulations that were in place at the time of the filing of a short subdivision shall compensate the property owner for any increased development costs incurred by the property owner as the result of the change in regulations; 2)Requires that in the event the change of development regulations eliminates the ability of the property owner todevelop the property for a particular use that was allowed when the short subdivision was originally filed, the localgovernment must compensate the property owner for any diminution in the value of the property; 3)Statesa legislative finding that eliminating a right to develop property under the regulations in place when a short subdivision is filed is a taking of property withoutcompensation under the Fifth Amendment to the United States Constitution.