BILL REQ. #:  H-0769.1 

Read first time 01/30/09.   Referred to Committee on Judiciary.

     AN ACT Relating to signage requirements in the growth management act; adding new sections to chapter 36.70A RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) The legislature recognizes that Article I, section 16 of the state Constitution prohibits state and local governments from taking private property for public or private use without just compensation.
     (2) The legislature finds that some local governments require property owners to buy and place signs on private property that are for the public benefit, such as signs to identify critical areas.
     (3) The legislature intends this act to prohibit local governments and state agencies from requiring private property owners to pay for or locate signs for the public benefit on properties without providing compensation to the property owners for the taking of the land. The legislature further intends this act to be broadly construed in favor of the property owner in accordance with takings jurisprudence.

NEW SECTION.  Sec. 2   A new section is added to chapter 36.70A RCW to read as follows:
     Development regulations adopted under this chapter may not require private property owners to: (1) Pay for signs identifying critical areas, shorelines, fish and wildlife habitat areas, or public access areas; or (2) place signs identifying critical areas, shorelines, fish and wildlife habitat areas, or public access areas on private property without providing compensation to owners for the taking of the land.

NEW SECTION.  Sec. 3   A new section is added to chapter 36.70A RCW to read as follows:
     This chapter does not authorize state agencies to require private property owners to: (1) Pay for signs identifying critical areas, shorelines, fish and wildlife habitat areas, or public access areas; or (2) place signs identifying critical areas, shorelines, fish and wildlife habitat areas, or public access areas on private property without providing compensation to owners for the taking of the land.