BILL REQ. #: S-0860.1
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/28/09. Referred to Committee on Judiciary.
AN ACT Relating to eminent domain; and adding a new chapter to Title 8 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that the United States
Supreme Court ruled in Kelo v. City of New London, 545 U.S. 524 (2005),
that a city could use its power of eminent domain to transfer property
from one private owner to another for the purpose of increasing tax
revenues in the jurisdiction.
The legislature further finds that while Washington's Constitution
specifically forbids such transfers and states that private property
may not be taken for private use, Washington courts have allowed
private property taken through the eminent domain powers of government
to be transferred to uses that are in fact private in nature.
The legislature therefore declares that government's use of eminent
domain in Washington should be restricted to uses that protect public
health and safety or provide public use facilities, such as streets,
roads, highways, street and road lighting systems, traffic signals,
transportation corridors, utility corridors, water systems, storm and
sanitary sewer systems, sewage treatment facilities, landfills, park
and recreational facilities, and schools.
NEW SECTION. Sec. 2 No government shall take or damage private
land or any interest in real property that is not to be used for the
construction of a public use facility or the provision of a public
service necessary to protect public health and safety.
NEW SECTION. Sec. 3 Sections 1 and 2 of this act constitute a
new chapter in Title