BILL REQ. #:  H-1104.1 

Read first time 02/01/2005.   Referred to Committee on Local Government.

     AN ACT Relating to limiting the authority to condemn property outside the boundaries of the condemning entity; amending RCW 35.58.320; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that condemnation of property for essential public facilities concerns the public health, safety, and welfare in the jurisdiction in which the proposed facility is to be located. When the state grants local governments and special districts the power of eminent domain outside their jurisdictional boundaries, therefore, the state must also assure that exercise of this power includes meaningful measures to consider and protect the public health, safety, and welfare in the jurisdiction in which the property that is proposed to be condemned for an essential public facility is located. The legislature finds that the process for identifying and siting essential public facilities adopted by the jurisdiction in which the property is located provides such meaningful measures, when the power of eminent domain is exercised across jurisdictional boundaries.
     By this act, the legislature intends to uphold and promote the principle of representative government in all jurisdictions of the state.
     The legislature intends that this act apply prospectively only and not retrospectively. It applies only to eminent domain proceedings commenced on or after the effective date of this act. Nothing in this act shall be construed to affect the validity of eminent domain proceedings commenced or completed before the effective date of this act.

Sec. 2   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)) its component county boundaries which are necessary for its purposes, subject to the provisions under subsection (2) 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 component county boundaries without first completing the city or county siting process for an essential public facility where the proposed facility is to be located, consistent with RCW 36.70A.200.