BILL REQ. #:  H-3405.3 

Read first time 01/16/2006.   Referred to Committee on Judiciary.

     AN ACT Relating to defining just compensation for eminent domain proceedings; and amending RCW 8.04.092, 8.08.040, and 8.12.030.

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

Sec. 1   RCW 8.04.092 and 1983 c 140 s 1 are each amended to read as follows:
     (1) The amount paid into court shall constitute just compensation paid for the taking of such property((: PROVIDED, That)). However, the respondents may, in the same action, request a trial for the purpose of assessing the amount of compensation to be made and the amount of damages arising from the taking. At the trial, the date of valuation of the property shall be the date of entry of the order granting to the state immediate possession and use of the property. If, pursuant to such hearing, the verdict of the jury, unless a jury is waived by all parties, or decision of the court, awards respondents an amount in excess of the tender, the court shall order the excess paid to respondents with interest thereon from the time of the entry of the order of immediate possession, and shall charge the costs of the action to the state. If, pursuant to the trial, the verdict of the jury or decision of the court awards respondents an amount equal to the tender, the costs of the action shall be charged to the state, and if the verdict or decision awards an amount less than the amount of the tender, the state shall be taxed for costs and the state, if respondents have accepted the tender and withdrawn the amount paid into court, shall be entitled to a judgment for the difference; otherwise, the excess on deposit shall be returned to the state.
     (2) If the final order of condemnation specifies that all or some of the appropriated property is to be sold or transferred by the state to a private party, or all or some of the appropriated property is later sold or transferred by the state to a private party within five years of the entry of the final condemnation order, then the respondent property owner is entitled to compensation in the amount of not less than one hundred thirty-five percent of the fair market value of any land, building, structure, or other property sold or transferred to the private party, as well as any other damages to which the respondent may be entitled. The calculation of fair market value shall be determined by reference to the fair market value of the property at the time of the entry of the final order of condemnation.
     (a) For a period of five years following the entry of the final condemnation order, if the state proposes to sell or transfer all or some of the appropriated property to a private party, then the state must provide the original property owner with notice of such proposed sale or transfer not less than one hundred twenty days prior to the sale or transfer. Upon or before the completion of such sale or transfer, the state shall pay to the original property owner any additional compensation required under this subsection.
     (b) The original property owner may petition the court for relief in order to enforce the rights conferred under this subsection regarding compensation due for proposed sales or transfers of appropriated property occurring subsequent to the entry of the final condemnation order. The prevailing party in any such action shall be entitled to reimbursement of costs and attorneys' fees by the other party.

Sec. 2   RCW 8.08.040 and 2000 c 68 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 prescribed herein, and shall be further satisfied by competent proof that the contemplated use for which the lands, real estate, premises, or other property sought to be appropriated is a public use of the county, the court or judge thereof may make and enter an order adjudicating that the contemplated use is really a public use of the county, and which order shall be final unless review thereof to the supreme court or the court of appeals be taken within five days after entry of such order, adjudicating that the contemplated use for which the lands, real estate, premises or other property sought to be appropriated is really a public use of the county, and directing that determination be had of the compensation and damages to be paid all parties interested in the land, real estate, premises, or other property sought to be appropriated for the taking and appropriation thereof, together with the injury, if any, caused by such taking or appropriation to the remainder of the lands, real estate, premises, or other property from which the same is to be taken and appropriated, after offsetting against any and all such compensation and damages, special benefits, if any, accruing to such remainder by reason of such appropriation and use by the county of such lands, real estate, premises, and other property described in the petition; such determination to be made by a jury, unless waived, in which event the compensation or damages shall be determined by the court without a jury. Proceedings under this chapter shall have precedence over all cases in court except criminal cases.
     (2) If the final order of condemnation specifies that all or some of the appropriated property is to be sold or transferred by the county to a private party, or all or some of the appropriated property is later sold or transferred by the county to a private party within five years of the entry of the final condemnation order, then the respondent property owner is entitled to compensation in the amount of not less than one hundred thirty-five percent of the fair market value of any land, building, structure, or other property sold or transferred to the private party, as well as any other damages to which the respondent may be entitled. The calculation of fair market value shall be determined by reference to the fair market value of the property at the time of the entry of the final order of condemnation.
     (a) For a period of five years following the entry of the final condemnation order, if the county proposes to sell or transfer all or some of the appropriated property to a private party, then the county must provide the original property owner with notice of such proposed sale or transfer not less than one hundred twenty days prior to the sale or transfer. Upon or before the completion of such sale or transfer, the county shall pay to the original property owner any additional compensation required under this subsection.
     (b) The original property owner may petition the court for relief in order to enforce the rights conferred under this subsection regarding compensation due for proposed sales or transfers of appropriated property occurring subsequent to the entry of the final condemnation order. The prevailing party in any such action shall be entitled to reimbursement of costs and attorneys' fees by the other party.

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) If the final order of condemnation specifies that all or some of the appropriated property is to be sold or transferred by the city or town to a private party, or all or some of the appropriated property is later sold or transferred by the city or town to a private party within five years of the entry of the final condemnation order, then the respondent property owner is entitled to compensation in the amount of not less than one hundred thirty-five percent of the fair market value of any land, building, structure, or other property sold or transferred to the private party, as well as any other damages to which the respondent may be entitled. The calculation of fair market value shall be determined by reference to the fair market value of the property at the time of the entry of the final order of condemnation.
     (a) For a period of five years following the entry of the final condemnation order, if the city or town proposes to sell or transfer all or some of the appropriated property to a private party, then the city or town must provide the original property owner with notice of such proposed sale or transfer not less than one hundred twenty days prior to the sale or transfer. Upon or before the completion of such sale or transfer, the city or town shall pay to the original property owner any additional compensation required under this subsection.
     (b) The original property owner may petition the court for relief in order to enforce the rights conferred under this subsection regarding compensation due for proposed sales or transfers of appropriated property occurring subsequent to the entry of the final condemnation order. The prevailing party in any such action shall be entitled to reimbursement of costs and attorneys' fees by the other party.