S-759                 _______________________________________________

                                                   SENATE BILL NO. 5134

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senator McCaslin

Read first time 1/16/89 and referred to Committee on Governmental Operations.

AN ACT Relating to assessment of special benefits to property; and amending RCW 35.44.010.

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

        Sec. 1.  Section 35.44.010, chapter 7, Laws of 1965 as last amended by section 3, chapter 397, Laws of 1985 and RCW 35.44.010 are each amended to read as follows:

          All property included within the limits of a local improvement district or utility local improvement district shall be considered to be the property specially benefited by the local improvement and shall be the property to be assessed to pay the cost and expense thereof or such part thereof as may be chargeable against the property specially benefited.  The cost and expense shall be assessed upon all the property in accordance with the special benefits conferred thereon.

In determining the special benefits conferred on property, the increase in the true and fair value of the property accountable to the construction of an improvement is the limit of an assessment.  If the determination of true and fair value is based on a use of the property that is not permitted under applicable land use classification and zoning standards, the standards may not thereafter be used to prohibit the use that is the basis for the assessment.