BILL REQ. #:  S-4802.1 

READ FIRST TIME 01/31/06.   

     AN ACT Relating to restrictions on condemnation and sale of condemned property by state and local governments; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) Members of the public have expressed concern regarding a recent United States supreme court decision, Kelo v. New London (No. 04-108 (June 23, 2005)), which upheld, under the United States Constitution, a Connecticut city's exercise of eminent domain. It is the intent of the legislature to recognize, reaffirm, and support existing Washington case law under Article I, section 16 of the state Constitution, that prohibits the condemnation of private property other than for certain public purposes pursuant to law.
     (2) In light of the United States supreme court decision in Kelo v. New London, the legislature intends to reaffirm existing Washington state law relating to the use of eminent domain by state and local governments, and to reaffirm the prohibition in Article I, section 16 of the state Constitution on the use of eminent domain to take private property for private use. To this end, the legislature recognizes, reaffirms, and supports the restrictions on the use of eminent domain to take private property for private use, as set forth in chapters 8.04, 8.08, 8.12, 8.16, and 8.20 RCW and in the Washington state supreme court's decisions of Hogue v. Seattle, 54 Wn.2d 799, 341 P.2d 171 (1959); Miller v. Tacoma, 61 Wn.2d 374, 378 P.2d 464 (1963); In re Petition of Seattle, 96 Wn.2d 616, 638 P.2d 549 (1981); and State ex rel. Washington State Convention & Trade Center v. Evans, 136 Wn.2d 811, 966 P.2d 1252 (1998).