BILL REQ. #: H-0594.1
State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 01/18/2005. Referred to Committee on Local Government.
AN ACT Relating to governmental actions that cause reduction in property value; adding a new section to chapter 64.40 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 Counties have historically not been held
accountable for most actions that lower property values and reduce the
potential for income from the property even though Article I, section
16 of the Washington state Constitution states: "No private property
shall be taken or damaged for public or private use without just
compensation having been first made...." The legislature intends to
authorize and require compensation for the loss of property value and
potential income when caused by regulatory actions by counties.
NEW SECTION. Sec. 2 A new section is added to chapter 64.40 RCW
to read as follows:
A county that adopts and/or implements regulations or any other act
that sets aside, prevents use, or devalues property or a property
interest shall, in addition to liability for any other damages due
under this chapter, compensate the taxpayer identified on the annual
tax assessment for the percentage portion fair market value of the
property or property interest set aside, prevented from use, or
devalued and for loss of potential income within one year of the
passage or implementation of such ordinances, statutes, rules, or act
utilized to cause such impact on taxed property within the county.