S-3749.1 _______________________________________________
SENATE BILL 6167
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State of Washington 53rd Legislature 1994 Regular Session
By Senators Snyder, Anderson, Hargrove, Amondson, M. Rasmussen, Bauer, Oke, Erwin, L. Smith, Owen, Vognild, Prince, Bluechel, Loveland, Roach, Nelson, Morton, Ludwig, Hochstatter, Williams, Sheldon, Moyer, A. Smith, Newhouse, McAuliffe, Wojahn, West, McDonald, Moore, Sellar, Quigley and Schow
Read first time 01/14/94. Referred to Committee on Natural Resources.
AN ACT Relating to the regulation of private property; and adding new sections to chapter 8.28 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1 through 5 of this act.
(1) "Full compensation" means the difference in value of the property before and after the property was identified as public use property, plus attorneys' fees or other costs incurred by the property owner to collect the amount due.
(2) "General public use" means a situation in which no public nuisance will be created absent the regulation and no reciprocal value is received by the property owner.
(3) "Reciprocal value" means a situation in which all property owners in an area are burdened equally and the regulation produces a value for the regulated property owner proportional to the decrease in value caused by restricting use.
NEW SECTION. Sec. 2. A regulation of private property or a requirement on or restraint of land use by a governmental entity is prohibited unless:
(1) The specific property or properties to be regulated are identified by the governmental entity proposing to regulate by both legal and common property description;
(2) The prospective regulated owner of record is notified by the governmental entity by mail of the proposed regulation. The notification must include a copy of the proposed legislation and information about the environmental and economic impacts the proposed regulation will have on the property. The impacts of the proposed regulation must be described with examples, as necessary, to make clear the intent and purpose of the regulation and the limitations and restrictions the regulation will have on the property regulated;
(3) The owner is notified when, where, and how the owner may give testimony or submit written statements to the body proposing the regulation, at least ten days before an action being taken to enact the regulation; and
(4) A full analysis of total economic impact is completed and published by the governing body proposing to regulate at least ten days before adoption.
NEW SECTION. Sec. 3. A regulation of private property and a requirement or restriction on land use is prohibited unless the regulation has the least possible impact and is the least burdensome that could be imposed and still accomplish the necessary public purpose.
NEW SECTION. Sec. 4. (1) The legislature recognizes that when a governmental entity designates any part of a private property as a wetland, open space, wildlife habitat, buffer zone, or other public benefit property, the designated property has been converted to a general public use.
(2) Whenever private property is converted to general public use, the designating agency or jurisdiction shall pay full compensation of reduction in value to the owner, or use of the land by the owner may not be restricted because of the designation. This compensation must be paid at the time of government designation. The jurisdiction may not require waiving this compensation as a condition of approval of use or any other permit, nor as a condition for subdivision of land.
(3) Compensation must be paid to the owner of a private property designated within three months of the conversion to general public use, or the designation is void. Regulations in effect before the effective date of this act remain in effect only if compensation is paid to all property owners affected by July 1, 1995.
(4) A governmental entity may not deflate the value of property by suggesting or threatening a designation to avoid full compensation to the owner.
(5) Upon designation the jurisdiction must provide, at public expense, access to private land made inaccessible by restrictive designation, or compensation for the loss of access must be paid to the inaccessible landowner.
(6) The assessor shall adjust property valuation for tax purposes and notify the owner of the new tax valuation which must be reflected and identified in the next tax assessment notice.
(7) Since the public does not own the designated property unless purchased, mitigation for the use of a public benefit property or its buffers by its owner is prohibited.
(8) The state is responsible for the compensation liability resulting from county, city, or other political subdivision action that is mandated by state law and converts private property to general public use.
NEW SECTION. Sec. 5. The governmental entity that is considering designation or that has made the designation shall pay for all studies, mapping, plans, and reports connected with designation of property as public benefit property, including buffers.
NEW SECTION. Sec. 6. Sections 1 through 5 of this act are each added to chapter 8.28 RCW.
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