BILL REQ. #:  S-1033.2 

READ FIRST TIME 02/08/11.   

     AN ACT Relating to conditions of threat to public health, safety, or welfare on real property; amending RCW 35.81.080; and adding a new section to chapter 35.81 RCW.

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

Sec. 1   RCW 35.81.080 and 2002 c 218 s 8 are each amended to read as follows:
     (1) A municipality shall have the right to acquire by condemnation, in accordance with the procedure provided for condemnation by such municipality for other purposes, any interest in real property, which it may deem necessary for a community renewal project under this chapter after the adoption by the local governing body of a resolution declaring that the acquisition of the real property described therein is necessary for such purpose. ((Condemnation for community renewal of blighted areas is declared to be a public use, and property already devoted to any other public use or acquired by the owner or a predecessor in interest by eminent domain may be condemned for the purposes of this chapter.)) Any municipality condemning real property for community renewal of blighted areas must use the real property for a public purpose as enumerated in RCW 8.12.030.
     (2)(a) If the real property which is the subject of the condemnation poses an identifiable threat to public health, safety, or welfare by reason of the insanitary, unsafe, or substandard condition of the premises or the unlawful use thereof, the condemnation is declared to be a public use and the property condemned does not have to be used for a public purpose.
     (b) Whenever a municipality seeks to condemn real property under this subsection, the municipality shall comply with the requirements of section 2 of this act.
     (3) The award of compensation for real property taken for such a project shall not be increased by reason of any increase in the value of the real property caused by the assembly, clearance, or reconstruction, or proposed assembly, clearance, or reconstruction in the project area. No allowance shall be made for the improvements begun on real property after notice to the owner of such property of the institution of proceedings to condemn such property. Evidence shall be admissible bearing upon the insanitary, unsafe, or substandard condition of the premises, or the unlawful use thereof.

NEW SECTION.  Sec. 2   A new section is added to chapter 35.81 RCW to read as follows:
     (1) The owner or owners in whole or part of any real property subject to an action by a municipality to condemn property because it poses an identifiable threat to public health, safety, or welfare by reason of the insanitary, unsafe, or substandard condition of the premises or the unlawful use thereof may, within ninety days of the adoption of an ordinance under RCW 35.81.050(1), or within ninety days of the effective date of this section, initiate formal mediation procedures in an attempt to determine whether the real property poses an identifiable threat to public health, safety, or welfare by reason of the insanitary, unsafe, or substandard condition of the premises or the unlawful use thereof. The mediation shall be conducted by a trained mediator selected by agreement of the owner or owners of the real property and the municipality. The agreement to mediate shall be in writing and subject to chapter 7.07 RCW. If the owner or owners of the real property and the municipality are unable to agree on a mediator, each party shall nominate a mediator and the mediator shall be selected by lot from among the nominees. The mediator must be selected within five days after formal mediation procedures are initiated. The mediation process must be completed within fourteen days from the time the mediator is selected except that the mediation process may extend beyond fourteen days by agreement of the owner or owners in whole or part of any real property subject to an action by a municipality to condemn property and the municipality. The mediator shall, within the fourteen-day period or within the extension if an extension is agreed to, provide the owner or owners of the real property and the municipality with a written summary of the issues and any agreements reached. If the owner or owners of the real property and the municipality agree, the mediation report shall be made available to the superior court of the county in which the real property is located. The cost of the mediation shall be paid by the municipality.
     (2) Within one hundred eighty days of the adoption of an ordinance under RCW 35.81.050(1), or within one hundred eighty days of the effective date of this section, the owner or owners in whole or part of any real property subject to an action by a municipality to condemn property because it poses an identifiable threat to public health, safety, or welfare by reason of the insanitary, unsafe, or substandard condition of the premises or the unlawful use thereof may file an appeal in the superior court of the county in which the real property is located to determine whether the real property poses an identifiable threat to public health, safety, or welfare by reason of the insanitary, unsafe, or substandard condition of the premises or the unlawful use thereof, or to give the owner or owners a reasonable opportunity to remove any threat to public health, safety, or welfare by reason of the insanitary, unsafe, or substandard condition of the premises or the unlawful use thereof.
     (3) In any appeal filed under subsection (2) of this section, the municipality has the burden of showing that its finding that real property which is subject of the condemnation poses an identifiable threat to public health, safety, or welfare was supported by substantial evidence at the time the ordinance was adopted.
     (4) If the court determines that the condition of the real property does not constitute a threat to public health, safety, or welfare, or that it has been repaired so as to eliminate the threat to public health, safety, or welfare, the court shall enter an order that the real property is not subject to condemnation by reason of a threat to public health, safety, or welfare.
     (5) Where the municipality meets its evidentiary burden of showing that substantial evidence supports the finding that the real property which is subject of the condemnation poses an identifiable threat to public health, safety, or welfare, the court shall make detailed findings of all physical conditions of the property which directly contribute to the threat to public health, safety, or welfare. However, if the court determines that the real property can be reasonably and timely repaired to eliminate the threat to public health, safety, or welfare, the court shall give the owner or owners of the real property a reasonable, identified period of time to cure and correct those detailed physical conditions of the property which directly contribute to the threat to public health, safety, or welfare, provided that the owner or owners can satisfactorily show the court that the owner or owners can address any immediate health and safety concerns.
     (6) During the period of time the court grants the owner or owners of the real property to cure and correct the detailed physical conditions of the property, any action by the municipality on the condemnation is stayed. The municipality is not liable for any injuries, losses, or damages resulting from the condition of the property occurring during the stay, or resulting from the delay in or failure to cure, correct, or abate any known or unknown condition on the property.
     (7) If the owner or owners cannot correct the threat to public health, safety, or welfare within the time provided by the court, the municipality is entitled to pursue the condemnation in the normal course.