H-814                _______________________________________________

                                                   HOUSE BILL NO. 1407

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representative P. King

Read first time 1/25/89 and referred to Committee on Local Government.

AN ACT Relating to eminent domain by libraries; and adding a new section to chapter 27.12 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 27.12 RCW to read as follows:

          (1) A library district organized under the provisions of this chapter may exercise the power of eminent domain to acquire or condemn property or property rights, either inside or outside the boundaries of the district, for the use of the district.  The exercise of eminent domain powers by the district shall be instituted pursuant to a resolution of the district's governing body and shall proceed in the same manner and by the same procedure as is provided for exercise of the power of eminent domain by private corporations in chapter 8.20 RCW.

          (2) Regional libraries organized pursuant to RCW 27.12.080 may also exercise the power of eminent domain which is granted to library districts in this section.

          (3) The taking or damaging of property or property rights by a library district or regional library to carry out the purposes for which they were organized is declared to be for a public use or purpose.

          (4) Eminent domain proceedings to condemn property which is held by separate owners may be united in the same legal action or proceeding.  Two or more condemnation suits instituted separately may also, in the discretion of the court upon motion of a party, be consolidated into a single action.  In such a case the jury shall render separate verdicts for each tract of land in different ownership.  A finding or decree pertaining to damages shall not in any manner be construed to abridge or destroy the right of the district to levy and collect taxes for district purposes against the uncondemned land situated within the district.  The title acquired by a district in condemnation proceedings shall be fee simple title or a lesser estate as designated in the judgment or decree of appropriation.