FINAL BILL REPORT

                   SB 6190

                           C 68 L 00

                      Synopsis as Enacted

Brief Description:  Promoting expeditious resolution of public use disputes in eminent domain proceedings.

Sponsors:  Senators Patterson, Horn, Haugen, Johnson, Costa, Goings, McCaslin and Winsley.

Senate Committee on Judiciary

House Committee on Judiciary

Background:  Counties, like other state and municipal jurisdictions, have the authority to acquire land for public use through eminent domain or condemnation procedures.  There is a two-step process involved in which issue of public use is initially determined by the superior court, and then a trial is held, with a jury if requested, on the issue of just compensation for the property.  Because of court congestion, it is now very difficult to get a court date for the compensation trial, and county eminent domain proceedings often are delayed for up to three years, resulting in additional costs to the counties due to inflation and changing permit requirements.

The laws governing eminent domain proceedings for cities and for state highway purposes have long given precedence to these cases over other court cases not involving criminal prosecutions or other public interests.

Summary:  County eminent domain proceedings are given precedence over all other court cases except criminal cases.  A joint legislative study group is created, consisting of two members from each caucus of the Senate and House, to study the use of eminent domain and ways to expedite resolution of disputes in eminent domain proceedings.  The authorization for the study group expires December 31, 2000.

Votes on Final Passage:

Senate 470

House971(House amended)

Senate 460(Senate concurred)

Effective:June 8, 2000