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HOUSE BILL 1411
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Passed Legislature - 1993 Regular Session
State of Washington 53rd Legislature 1993
Regular Session
By
Read first time 01/27/93. Referred to Committee
on Natural Resources & Parks.
Allowing metropolitan park districts
to acquire open space, land, or rights to future development.
AN ACT Relating to
metropolitan park districts; and amending RCW 84.34.210 and 84.34.220.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 84.34.210 and 1987 c
341 s 2 are each amended to read as follows:
Any county, city, town,
metropolitan park district, metropolitan municipal corporation,
nonprofit historic preservation corporation as defined in RCW 64.04.130, or
nonprofit nature conservancy corporation or association, as such are defined in
RCW 84.34.250, may acquire by purchase, gift, grant, bequest, devise, lease, or
otherwise, except by eminent domain, the fee simple or any lesser interest,
development right, easement, covenant, or other contractual right necessary to
protect, preserve, maintain, improve, restore, limit the future use of, or
otherwise conserve, selected open space land, farm and agricultural land, and
timber land as such are defined in chapter 84.34 RCW for public use or
enjoyment. Among interests that may be so acquired are mineral rights. Any
county, city, town, metropolitan park district, metropolitan municipal
corporation, nonprofit historic preservation corporation as defined in RCW
64.04.130, or nonprofit nature conservancy corporation or association, as such
are defined in RCW 84.34.250, may acquire such property for the purpose of
conveying or leasing the property back to its original owner or other person
under such covenants or other contractual arrangements as will limit the future
use of the property in accordance with the purposes of this 1971 amendatory
act.
Sec. 2. RCW 84.34.220 and 1987 c
341 s 3 are each amended to read as follows:
In
accordance with the authority granted in RCW 84.34.210, a county, city, town, metropolitan
park district, metropolitan municipal corporation, nonprofit historic
preservation corporation as defined in RCW 64.04.130, or nonprofit nature
conservancy corporation or association, as such are defined in RCW 84.34.250,
may specifically purchase or otherwise acquire, except by eminent domain,
rights in perpetuity to future development of any open space land, farm and
agricultural land, and timber land which are so designated under the provisions
of chapter 84.34 RCW and taxed at current use assessment as provided by that
chapter. For the purposes of this 1971 amendatory act, such developmental
rights shall be termed "conservation futures". The private owner may
retain the right to continue any existing open space use of the land, and to
develop any other open space use, but, under the terms of purchase of
conservation futures, the county, city, town, metropolitan park district,
metropolitan municipal corporation, nonprofit historic preservation corporation
as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or
association, as such are defined in RCW 84.34.250, may forbid or restrict
building thereon, or may require that improvements cannot be made without
county, city, town, metropolitan park district, metropolitan municipal
corporation, nonprofit historic preservation corporation as defined in RCW
64.04.130, or nonprofit nature conservancy corporation or association, as such
are defined in RCW 84.34.250, permission. The land may be alienated or sold
and used as formerly by the new owner, subject to the terms of the agreement
made by the county, city, town, metropolitan park district, metropolitan
municipal corporation, nonprofit historic preservation corporation as defined
in RCW 64.04.130, or nonprofit nature conservancy corporation or association,
as such are defined in RCW 84.34.250, with the original owner.
