S-900 _______________________________________________
SENATE BILL NO. 5243
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State of Washington 51st Legislature 1989 Regular Session
By Senator Lee
Read first time 1/18/89 and referred to Committee on Governmental Operations.
AN ACT Relating to property impacted by aircraft noise; and amending RCW 53.54.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 3, chapter 121, Laws of 1974 ex. sess. as amended by section 1, chapter 115, Laws of 1985 and RCW 53.54.030 are each amended to read as follows:
(1) For
the purposes of this chapter, in developing a remedial program, the port
commission may ((utilize)) use one or more of the following
programs:
(((1)))
(a) Acquisition of property or property rights within the impacted area,
which shall be deemed necessary to accomplish a port purpose. The port
district may purchase such property or property rights by time payment
notwithstanding the time limitations provided for in RCW 53.08.010. The port
district may mortgage or otherwise pledge any such properties acquired to
secure such transactions. The port district may assume any outstanding
mortgages.
(((2)))
(b) Transaction assistance programs, including assistance with real
estate fees and mortgage assistance, and other neighborhood remedial programs
as compensation for impacts due to aircraft noise and noise associated
conditions. Any such programs shall be in connection with properties located
within an impacted area and shall be provided upon terms and conditions as the
port district shall determine appropriate.
(((3)))
(c) Programs of soundproofing structures located within an impacted
area. Such programs may be executed without regard to the ownership, provided
the owner waives all damages and conveys a full and unrestricted easement for
the operation of all aircraft, and for all noise and noise associated
conditions therewith, to the port district.
(((4)))
(d) Mortgage insurance of private owners of lands or improvements within
such noise impacted area where such private owners are unable to obtain
mortgage insurance solely because of noise impact. In this regard, the port
district may establish reasonable regulations and may impose reasonable
conditions and charges upon the granting of such mortgage insurance: PROVIDED,
That such fees and charges shall at no time exceed fees established for federal
mortgage insurance programs for like service.
(((5)))
(e) Relocation assistance to renters where soundproofing is not feasible.
Relocation assistance may include the cost of moving a mobile home that is
located on leased real property within the impacted area. Relocation
assistance may also include the difference between rent paid before relocation
and the amount paid after relocation for up to one year after relocation.
(2) An
individual property may be provided benefits by the port district under each of
the programs described in subsection((s)) (1) ((through (4))) of
this section. However, an individual property may not be provided benefits
under any one of these programs more than once.
(((6)
Management of)) (3) The port commission may manage all lands,
easements, or development rights acquired, including but not limited to the
following:
(a) Rental of any or all lands or structures acquired;
(b) Redevelopment of any such lands for any economic use consistent with airport operations, local zoning, and the state environmental policy;
(c) Sale of such properties for cash or for time payment and subjection of such property to mortgage or other security transaction: PROVIDED, That any such sale shall reserve to the port district by covenant an unconditional right of easement for the operation of all aircraft and for all noise or noise conditions associated therewith.
(((7)))
(4) A property shall be considered within the impacted area if any part
thereof is within the impacted area.