S-1260.1  _______________________________________________

 

                         SENATE BILL 5762

          _______________________________________________

 

State of Washington      54th Legislature     1995 Regular Session

 

By Senators Winsley, Haugen and Fraser

 

Read first time 02/06/95.  Referred to Committee on Government Operations.

 

Determining just compensation for certain land acquisitions.



    AN ACT Relating to judicial determination of just compensation; and amending RCW 43.98A.090 and 84.34.220.

 

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

 

    Sec. 1.  RCW 43.98A.090 and 1990 1st ex.s. c 14 s 10 are each amended to read as follows:

    Moneys made available under this chapter for land acquisition shall not be used to acquire land through condemnation.  However, this prohibition does not apply to judicial determinations of just compensation when the parties have waived adjudication of public use and have agreed or stipulated that the contemplated use for which the land is sought is a valid public use of the state, county, city, or town seeking to acquire the land.

 

    Sec. 2.  RCW 84.34.220 and 1993 c 248 s 2 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.  The prohibition of eminent domain does not include judicial determinations of just compensation when the parties have waived adjudication of public use and have agreed or stipulated that the contemplated use for which the land is sought is a valid public use of the state, county, city, or town seeking to acquire the land.  For the purposes of ((this 1971 amendatory act)) chapter 243, Laws of 1971 ex. sess., 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.

 


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