H-1023              _______________________________________________

                                                   HOUSE BILL NO. 1076

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives J. Williams, Haugen, Sanders, Zellinsky, Nealey, Amondson and May

Read first time 2/25/87 and referred to Committee on Local Government.

AN ACT Relating to land use planning permits; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     Article I, section 16, of the Washington state Constitution prohibits the taking of private property for public purposes without just compensation.  The legislature finds that the requirement imposed by an agency issuing a building permit that the owner must allow portions of the property to be used by the public for parks, pedestrian easements, or other similar purposes is in violation of the constitutional intent.

NEW SECTION. Sec. 2.  A new section is added to chapter 35.63 RCW to read as follows:

          Agencies which have authority to approve and issue building permits shall not condition such issuance on the acceptance by the applicant of a requirement to donate portions of the property for use by the public.

NEW SECTION. Sec. 3.  A new section is added to chapter 35A.63 RCW to read as follows:

          Agencies which have authority to approve and issue building permits shall not condition such issuance on the acceptance by the applicant of a requirement to donate portions of the property for use by the public.

NEW SECTION. Sec. 4.  A new section is added to chapter 36.70 RCW to read as follows:

          Agencies which have authority to approve and issue building permits shall not condition such issuance on the acceptance by the applicant of a requirement to donate portions of the property for use by the public.