BILL REQ. #:  S-4465.1 



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SENATE BILL 6634
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State of Washington60th Legislature2008 Regular Session

By Senators Benton and Carrell

Read first time 01/21/08.   Referred to Committee on Judiciary.



     AN ACT Relating to the taking of private property for a public use pertinent to public health, safety, and welfare; and adding a new chapter to Title 8 RCW.

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

NEW SECTION.  Sec. 1   The legislature finds that while Washington's Constitution expressly prohibits the use of eminent domain to transfer private property to another private owner for the purpose of increasing tax revenues, Washington courts continue to allow the use of eminent domain to be transferred to uses that are in fact private in nature.
     The legislature therefore declares that government's use of eminent domain power in Washington should be restricted to uses that protect public health and safety or provide public use facilities, such as streets, roads, highways, lighting systems for roadways, traffic signals, transportation corridors, utility corridors, water systems, storm and sanitary sewer systems, sewage treatment facilities, landfills, park and recreational facilities, and schools.

NEW SECTION.  Sec. 2   No government shall take or damage private land or any interest in real property that is not to be used expressly for the construction of a public use facility or the provision of a public service necessary to protect public health and safety.

NEW SECTION.  Sec. 3   Sections 1 and 2 of this act constitute a new chapter in Title 8 RCW.

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