_______________________________________________
SENATE
BILL 6190
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AS
AMENDED BY THE HOUSE
Passed
Legislature - 2000 Regular Session
State of Washington 56th
Legislature 2000 Regular Session
By
Read first time 01/10/2000.
Referred to Committee on Judiciary.
Promoting
expeditious resolution of public use disputes in eminent domain proceedings.
AN
ACT Relating to the expeditious resolution of public use disputes in eminent
domain proceedings; amending RCW 8.08.040; creating a new section; and
providing an expiration date.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
8.08.040 and 1971 c 81 s 37 are each amended to read as follows:
At
the time and place appointed for hearing said petition, or to which the same
may have been adjourned, if the court or judge thereof shall have satisfactory
proof that all parties interested in the land, real estate, premises or other
property described in said petition have been duly served with said notice as
prescribed herein, and shall be further satisfied by competent proof that the
contemplated use for which the lands, real estate, premises, or other property
sought to be appropriated is a public use of the county, the court or judge
thereof may make and enter an order adjudicating that the contemplated use is
really a public use of the county, and which order shall be final unless review
thereof to the supreme court or the court of appeals be taken within five days
after entry of such order, adjudicating that the contemplated use for which the
lands, real estate, premises or other property sought to be appropriated is
really a public use of the county, and directing that determination be had of
the compensation and damages to be paid all parties interested in the land,
real estate, premises, or other property sought to be appropriated for the
taking and appropriation thereof, together with the injury, if any, caused by
such taking or appropriation to the remainder of the lands, real estate,
premises, or other property from which the same is to be taken and
appropriated, after offsetting against any and all such compensation and
damages, special benefits, if any, accruing to such remainder by reason of such
appropriation and use by the county of such lands, real estate, premises, and
other property described in the petition; such determination to be made by a
jury, unless waived, in which event the compensation or damages shall be
determined by the court without a jury. Proceedings under this chapter
shall have precedence over all cases in court except criminal cases.
NEW
SECTION. Sec. 2. (1)
The legislature finds that there is a need to study the use of eminent domain
and its application under contemporary jurisprudence. It is the intent of the
legislature to create a joint study group to study ways to expedite resolution
of public use disputes in eminent domain proceedings.
(2)
The study group shall consist of two legislators from each caucus of the senate
and house of representatives, as appointed by leaders of the each caucus
respectively.
(3)
The study group shall review the need, use, application, and effects of eminent
domain, current case law on eminent domain, the impact on the courts of the
exercise of eminent domain, and ways to expedite resolution of public use
disputes in eminent domain proceedings.
(4)
The study group shall review other issues related to eminent domain as desired
by the study group.
(5)
House office of program research and senate committee services shall provide
staff and administrative support for the study group.
(6) This section shall expire December 31, 2000.
