H-4582              _______________________________________________

                                                   HOUSE BILL NO. 2013

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Fuhrman, Amondson, Sanders, Chandler and Smith

Read first time 2/8/88 and referred to Committee on Judiciary.

AN ACT Relating to protecting private property rights; adding a new chapter to Title 64 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1.     This act is necessary for the immediate preservation of the public peace, health, morals, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 2.     The legislature hereby finds that the preservation and protection of private property rights is fundamental to a free society.  The legislature finds further that the preservation and protection of private property rights is a legitimate and compelling state interest.

NEW SECTION. Sec. 3.     The state shall not enter into any agreement with any government which destroys or significantly reduces the value of any Washington state resident's real property, unless such resident shall have voluntarily agreed in writing to the state's action.

NEW SECTION. Sec. 4.     No agreement by the state with any other government shall be effective as against the private property rights of state residents unless the resident consents to the agreement or a court of competent jurisdiction finds that no property rights have been lost or that property values have not been significantly reduced by the state action.  The burden of proof shall be on the state which must demonstrate by clear and convincing evidence no loss of property rights or no significant reduction in property values occurred as a result of the state action.

NEW SECTION. Sec. 5.     In the event that the federal government should unilaterally impose restriction on the private property of Washington state residents, it shall be presumed that such restrictions either destroy property rights or significantly reduce property values of Washington state residents.  The state of Washington shall commit its resources on behalf of the residents whose property rights have been destroyed or whose property values have been significantly reduced by aggressively pursuing every legal avenue possible to protect and preserve the private property rights and values of its residents.

NEW SECTION. Sec. 6.     The state of Washington, any local government, or any political subdivision or agency thereof, shall not exercise its power of eminent domain to take private property for private use, except for private ways of necessity, and for drains, flumes, or ditches on or across the lands of others for agricultural, domestic, or sanitary purposes.  If any private property is taken or damaged for private or public use, the owner shall be paid just compensation for his or her loss.  Title for any private property taken for public use shall be held by the state or local government, and for a period of seventy years shall not be sold or otherwise transferred to any private individual or organization other than the original owner or his or her heirs or successors for fair compensation.  Private property taken for public use shall be for the actual use of the public and shall be open and available to the public for its designated use.  A taking of private property for the public benefit, welfare, or interest alone shall not constitute public use.

NEW SECTION. Sec. 7.     This act shall be known as the property rights act of 1988.

NEW SECTION. Sec. 8.     Sections 2 through 7 of this act shall constitute a new chapter in Title 64 RCW.