HOUSE BILL REPORT

SB 6253

BYSenators Patterson, McCaslin, Matson, Hayner, Amondson, Rasmussen and Barr

Providing a method to evaluate whether a "taking" has occurred.

House Committe on Judiciary

Majority Report:  Do pass as amended.  (15)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Brough, Forner, Hargrove, Inslee, P. King, Moyer, H. Myers, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE MARCH 2, 1990

BACKGROUND:

Both the state and federal constitutions prevent government from "taking" private property without paying for it.  A taking may be found to have resulted from any one of many governmental activities.  A zoning ordinance, for example, that restricts property use to the point that the property becomes worthless may be a taking.  Recent case law has indicated that government may also be liable to a property owner for a temporary reduction in property value caused by the pendency of some government action.

SUMMARY:

The Attorney General must develop guidelines for evaluating and avoiding the risk of unanticipated takings.  The guidelines are to be completed by July 1, 1990 and updated at least annually.

Beginning on October 1, 1990, each state agency is to designate a person who is responsible for ensuring compliance with the guidelines.  That person is to review each agency policy to determine the need to prepare a taking implications assessment.  An assessment is to include:  the risk of a taking; alternatives that would reduce that risk; an estimate of the compensation that would be required by any taking; and a source of payment within the agency's budget.

Private parties may not seek judicial enforcement of the requirements that the Attorney General develop guidelines or that agencies prepare assessments.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Marlyta Deck, Washington Cattlemen's Association; Bill Fritz, Washington Food Processors; Hal Costello, Property Rights Alliance; Ted Cowan, Public Land Users Society; Nels Hanson, Washington Farm Forestry Association; and Jim Zimmerman, Washington Fish Growers Association.

House Committee - Testified Against:      Elizabeth Tabbot, Washington Environmental Council.

House Committee - Testimony For:    The bill will reduce the likelihood of lawsuits and will save the state money.

House Committee - Testimony Against:      Each agency already has an Assistant Attorney General assigned to it.  The bill will just unnecessarily complicate agency actions with meaningless paperwork.

VOTE ON FINAL PASSAGE:

      Yeas: 92; Nays: 5 - 3/2

Voting Nay: Representatives Fraser, Nelson, Rust, Wang and K. Wilson