HOUSE BILL REPORT
HB 2920
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Passed House:
February 13, 2008
Title: An act relating to an eminent domain information pamphlet.
Brief Description: Requiring the creation and distribution of an eminent domain information pamphlet.
Sponsors: By Representatives Kessler, Rodne, Springer, Upthegrove, Morrell and VanDeWege; by request of Attorney General.
Brief History:
Judiciary: 1/23/08, 2/4/08 [DP].
Floor Activity:
Passed House: 2/13/08, 96-0.
Brief Summary of Bill |
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HOUSE COMMITTEE ON JUDICIARY
Majority Report: Do pass. Signed by 11 members: Representatives Lantz, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Ahern, Flannigan, Kirby, Moeller, Pedersen, Ross and Williams.
Staff: Jim Morishima (786-7191).
Background:
Eminent domain is the power of the government to take private property for public use. The
state has the power of eminent domain inherently; it is not derived from, but is limited by the
state and federal constitutions. The power of eminent domain has been extended to other
entities in the state through the state constitution and by statute.
The judicial proceeding in which the power of eminent domain is exercised is known as a
"condemnation proceeding." At least 15 days prior to a planned final action in a
condemnation proceeding, the condemning entity must send notice of the proceeding to every
property owner for each property potentially subject to condemnation. The notice must
contain a general description of the property and must specify that condemnation of the
property will be considered during the final action. The notice must also describe the date,
time, and location of the final action at which the condemning entity will decide whether to
authorize condemnation of the property.
Summary of Bill:
The Attorney General's Office must, by December 1, 2009, publish, and update when
appropriate, an eminent domain pamphlet. The pamphlet must be written in plain language,
explaining:
A copy of the pamphlet must be mailed with each notice of planned final action in condemnation proceedings.
Appropriation: None.
Fiscal Note: Requested on 1/17/08.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) Persons whose property is being condemned in eminent domain proceedings
often do not understand what is happening to them. This bill is a good government bill. It
would require a pamphlet that explains eminent domain in plain English to be sent to persons
whose property is being condemned.
(Opposed) None.
Persons Testifying: Representative Kessler, prime sponsor; Tim Ford, Attorney General's Office; Dan Wood, Farm Bureau; Bill Maurer, Institute for Justice, and Ken Miller.