BILL REQ. #:  S-3721.1 

Read first time 01/25/2006.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to protecting private property rights; adding a new chapter to Title 8 RCW; and declaring an emergency.

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

NEW SECTION.  Sec. 1   Washington state and its agencies or political subdivisions may not exercise the power of eminent domain for economic development. This chapter may be known and cited as the private property rights protection act.

NEW SECTION.  Sec. 2   (1) The legislature finds, in the wake of the Supreme Court's decision in Kelo v. City of New London, that abuse of eminent domain is a threat to the property rights of all private property owners.
     (2) The legislature further finds that Washington citizens should not have to fear the government taking their homes, farms, or businesses to give to other persons. Governments should not abuse the power of eminent domain to force property owners from their land in order to develop that land into industrial and commercial property.
     (3) The legislature therefore declares that it is the policy of the state of Washington to encourage, support, and promote the private ownership of property and to ensure that the constitutional and other legal rights of private property owners are protected by Washington state government.

NEW SECTION.  Sec. 3   (1) No political subdivision or agency of the state may exercise its power of eminent domain, or allow the exercise of this power by any person or entity to which the power has been delegated, over property to be used for economic development or over property that is subsequently used for economic development, if that political subdivision or agency of the state receives state economic development funds during any fiscal year in which it does so.
     (2) A violation of subsection (1) of this section renders the offending political subdivision or agency of the state ineligible for any state economic development funds for a period of two fiscal years following a final judgment on the merits by a court of competent jurisdiction that subsection (1) of this section has been violated. Any state agency charged with distributing those funds shall withhold them for the two-year period, and any economic development funds distributed to that political subdivision or agency of the state shall be returned or reimbursed by the political subdivision or agency of the state to the appropriate state agency or authority.
     (3) A political subdivision or agency of the state is not eligible for any state economic development funds under subsection (2) of this section if the political subdivision or agency of the state returns all real property, the taking of which was found by a court of competent jurisdiction to have constituted a violation of subsection (1) of this section, and replaces any other property destroyed and repairs any other property damaged as a result of the violation.

NEW SECTION.  Sec. 4   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Economic development" means taking private property, without the consent of the owner, and conveying or leasing such a property from one private person or entity to another private person or entity for commercial enterprise carried on for profit, or to increase tax revenue, tax base, employment, or general economic health, except that "economic development" does not include:
     (a) Conveying private property to public ownership, such as for a road, hospital, or military base, or to an entity, such as a common carrier, that makes the property available for use by the general public as of right such as a railroad or public facility, or for use as a right of way, aqueduct, pipeline, or similar use;
     (b) Removing harmful uses of land provided the uses constitute an immediate threat to public health and safety;
     (c) Leasing property to a private person or entity that occupies an incidental part of public property or a public facility, such as a retail establishment on the ground floor of a public building;
     (d) Acquiring abandoned property;
     (e) Clearing defective chains of title; and
     (f) Taking private property for use by a public utility.
     (2) "State economic development funds" means any state funds distributed to or through any political subdivision or agency of the state under state laws designed to improve or increase the size of the economies of political subdivisions or entities of the state.

NEW SECTION.  Sec. 5   (1) Any owner of private property who suffers injury as a result of a violation of any provision of this chapter may bring an action to enforce any provision of this chapter in a state court of competent jurisdiction, and the state, or its political subdivision or agency, is not immune from the action. Such a property owner may also seek any appropriate relief through a preliminary injunction or a temporary restraining order.
     (2) An action brought under this chapter may be brought by a property owner if the property is used for economic development following the conclusion of any condemnation proceedings condemning the private property of that property owner, but may not be brought later than seven years following the conclusion of any condemnation proceedings and the subsequent use of the condemned property for economic development.
     (3) In any action or proceeding under this chapter, the court shall allow a prevailing plaintiff a reasonable attorneys' fee as part of the costs, and include expert fees as part of the attorneys' fee.

NEW SECTION.  Sec. 6   (1) Not later than thirty days after the effective date of this act, the attorney general shall provide to each political subdivision or agency the text of this chapter and a description of the rights of property owners under this chapter.
     (2) Not later than one hundred twenty days after the effective date of this act, the attorney general shall compile a list of the state laws under which state economic development funds are distributed. The attorney general shall compile annual revisions of the list as necessary. The list and any successive revisions of the list shall be made available on the Internet web site maintained by the attorney general for use by the public and by the authorities in each political subdivision and agency of the state empowered to take private property and convert it to public use subject to just compensation for the taking.
     (3) Not later than thirty days after the effective date of this act, the attorney general shall publish in the Washington state register and make available on the Internet web site maintained by the attorney general a notice containing the text of this chapter and a description of the rights of property owners under this chapter.

NEW SECTION.  Sec. 7   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 8   This chapter shall be construed in favor of a broad protection of private property rights, to the maximum extent permitted by the terms of this chapter and the state and federal Constitutions.

NEW SECTION.  Sec. 9   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

NEW SECTION.  Sec. 10   Sections 1 through 9 of this act constitute a new chapter in Title 8 RCW.