BILL REQ. #: Z-0325.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Prefiled 12/15/10. Read first time 01/10/11. Referred to Committee on Judiciary.
AN ACT Relating to prohibiting the use of eminent domain for economic development; 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 definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Economic development" means any activity to increase tax
revenue, tax base, employment, or general economic health, when that
activity does not result in:
(a) The transfer of property to public possession, occupation, and
enjoyment;
(b) The transfer of property to a private entity that is a public
utility or common carrier;
(c) The use of eminent domain:
(i)(A) To remove a public nuisance;
(B) To remove a structure that is beyond repair or unfit for human
habitation or use; or
(C) To acquire abandoned property; and
(ii) To eliminate a direct threat to public health and safety
caused by the property in its current condition; or
(d) The transfer of property to private entities that occupy an
incidental area within a publicly owned and occupied project.
"Economic development" does not include the transfer of property to
a public utility, a publicly owned utility, or a common carrier for the
purpose of constructing, operating, or maintaining generation,
transmission, or distribution facilities. "Economic development" also
does not include port districts' activities under Title 14 or 53 RCW.
(2)(a) "Public use" means:
(i) The possession, occupation, and enjoyment of the property by
the general public, or by public agencies;
(ii) The use of property for the creation or functioning of public
utilities, a publicly owned utility, or common carriers; or
(iii) Where the use of eminent domain:
(A)(I) Removes a public nuisance;
(II) Removes a structure that is beyond repair or unfit for human
habitation or use; or
(III) Is used to acquire abandoned property; and
(B) Eliminates a direct threat to public health and safety caused
by the property in its current condition.
(b) The public benefits of economic development, including an
increase in tax base, tax revenues, employment, and general economic
health, may not constitute a public use.
NEW SECTION. Sec. 2 Private property may be taken only for
public use and the taking of private property by any public entity for
economic development does not constitute a public use. No public
entity may take property for the purpose of economic development.
NEW SECTION. Sec. 3 In an action to determine whether a claimed
use by a governmental body is a public use, the court must find that
taking of private property is for economic development if the court
determines that economic development was a substantial factor in the
governmental body's decision to take the property.
NEW SECTION. Sec. 4 Sections 1 through 3 of this act constitute
a new chapter in Title