BILL REQ. #:  H-3346.1 

Prefiled 1/3/2006. Read first time 01/09/2006.   Referred to Committee on Judiciary.

     AN ACT Relating to restrictions on the exercise of the power of eminent domain; and amending RCW 8.04.070, 8.08.020, 8.12.030, and 8.20.070.

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

Sec. 1   RCW 8.04.070 and 1988 c 202 s 6 are each amended to read as follows:
     (1) At the time and place appointed for hearing the petition, or to which the hearing may have been adjourned, if the court has satisfactory proof that all parties interested in the lands, real estate, premises, or other property described in the petition have been duly served with the notice, and is further satisfied by competent proof that the contemplated use for which the lands, real estate, premises, or other property are sought to be appropriated is really necessary for the public use of the state, it shall make and enter an order, to be recorded in the minutes of the court, and which order shall be final unless appellate review thereof is sought within five days after entry thereof, adjudicating that the contemplated use for which the lands, real estate, premises or other property are sought to be appropriated is really a public use of the state.
     (2) Private property shall only be taken by the state for a public use. The term "public use" shall only mean the possession, occupation, or enjoyment of the property by the general public or by the state, or a county, city, town, or other municipality; or the use of land for the creation or functioning of public utilities or common carriers such as railroads, utilities, or toll roads; or the acquisition of property to cure a concrete harmful effect of the current use of the land, including the removal of public nuisances or structures that are beyond repair or unfit for human habitation or use; or the acquisition of abandoned property; or the redevelopment or rehabilitation of blighted areas.
     (3) The taking of private property by the state for economic development does not constitute a public use where the primary purpose of such development is for an increase in tax base, tax revenues, employment, or general economic health.

Sec. 2   RCW 8.08.020 and 1949 c 79 s 2 are each amended to read as follows:
     ((Any condemnation, appropriation or disposition intended in RCW 8.08.010 through 8.08.080 shall be deemed and held to be for a county purpose and public use within the meaning of RCW 8.08.010 through 8.08.080 when it is directly or indirectly, approximately or remotely for the general benefit or welfare of the county or of the inhabitants thereof.))
     (1) The condemnation of private property by a county through eminent domain proceedings under this chapter is authorized only where such condemnation is for a public use.
     (2) The term "public use" shall only mean the possession, occupation, or enjoyment of the property by the general public or by the state, or a county, city, town, or other municipality; or the use of land for the creation or functioning of public utilities or common carriers such as railroads, utilities, or toll roads; or the acquisition of property to cure a concrete harmful effect of the current use of the land, including the removal of public nuisances or structures that are beyond repair or unfit for human habitation or use; or the acquisition of abandoned property; or the redevelopment or rehabilitation of blighted areas.
     (3) The taking of private property by a county for economic development does not constitute a public use where the primary purpose of such development is for an increase in the tax base, tax revenues, employment, or general economic health.

Sec. 3   RCW 8.12.030 and 1915 c 154 s 1 are each amended to read as follows:
     (1) Every city and town and each unclassified city and town within the state of Washington, is hereby authorized and empowered to condemn land and property, including state, county and school lands and property for streets, avenues, alleys, highways, bridges, approaches, culverts, drains, ditches, public squares, public markets, city and town halls, jails and other public buildings, and for the opening and widening, widening and extending, altering and straightening of any street, avenue, alley or highway, and to damage any land or other property for any such purpose or for the purpose of making changes in the grade of any street, avenue, alley or highway, or for the construction of slopes or retaining walls for cuts and fills upon real property abutting on any street, avenue, alley or highway now ordered to be, or such as shall hereafter be ordered to be opened, extended, altered, straightened or graded, or for the purpose of draining swamps, marshes, tidelands, tide flats or ponds, or filling the same, within the limits of such city, and to condemn land or property, or to damage the same, either within or without the limits of such city for public parks, drives and boulevards, hospitals, pesthouses, drains and sewers, garbage crematories and destructors and dumping grounds for the destruction, deposit or burial of dead animals, manure, dung, rubbish, and other offal, and for aqueducts, reservoirs, pumping stations and other structures for conveying into and through such city a supply of fresh water, and for the purpose of protecting such supply of fresh water from pollution, and to condemn land and other property and damage the same for such and for any other public use after just compensation having been first made or paid into court for the owner in the manner prescribed by this chapter.
     (2) Private property shall only be taken by a city or town for a public use. In addition to the uses listed in subsection (1) of this section, the term "public use" shall only mean the possession, occupation, or enjoyment of the property by the general public or by the city, town, or other municipality; or the use of land for the creation or functioning of public utilities or common carriers such as railroads, utilities, or toll roads; or the acquisition of property to cure a concrete harmful effect of the current use of the land, including the removal of public nuisances or structures that are beyond repair or unfit for human habitation or use; or the acquisition of abandoned property; or the redevelopment or rehabilitation of blighted areas.
     (3) The taking of private property by a city or town for economic development does not constitute a public use where the primary purpose of such development is for an increase in the tax base, tax revenues, employment, or general economic health.

Sec. 4   RCW 8.20.070 and 1927 c 88 s 1 are each amended to read as follows:
     (1) At the time and place appointed for hearing said petition, or to which the same may have been adjourned, if the court or judge thereof shall have satisfactory proof that all parties interested in the land, real estate, premises, or other property described in said petition, have been duly served with said notice as above prescribed, and shall be further satisfied by competent proof that the contemplated use for which the land, real estate, premises or other property sought to be appropriated is really a public use, or is for a private use for a private way of necessity, and that the public interest requires the prosecution of such enterprise, or the private use is for a private way of necessity, and that the land, real estate, premises, or other property sought to be appropriated are required and necessary for the purposes of such enterprise, the court or judge thereof may make an order, to be recorded in the minutes of said court, directing that a jury be summoned, or called, in the manner provided by law, to ascertain the compensation which shall be made for the land, real estate, premises, or other property sought to be appropriated, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law.
     (2) Private property shall only be taken by a corporate or governmental entity for a public use. The term "public use" shall only mean the possession, occupation, or enjoyment of the property by the general public or by the state, or a county, city, town, or other municipality; or the use of land for the creation or functioning of public utilities or common carriers such as railroads, utilities, or toll roads; or the acquisition of property to cure a concrete harmful effect of the current use of the land, including the removal of public nuisances or structures that are beyond repair or unfit for human habitation or use; or the acquisition of abandoned property; or the redevelopment or rehabilitation of blighted areas.
     (3) The taking of private property by a corporate or governmental entity for economic development does not constitute a public use where the primary purpose of such development is for an increase in the tax base, tax revenues, employment, or general economic health.