BILL REQ. #:  S-3513.1 

Read first time 01/22/14.   Referred to Committee on Governmental Operations.

     AN ACT Relating to eminent domain; and amending RCW 35.81.080.

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.
     (2) In any judicial action to condemn blighted areas, a municipality may not condemn any aggregate area of real property unless the municipality:
     (a) Demonstrates that each separate and distinct interest in real property within the aggregate area poses an identifiable threat to public health, safety, or welfare by reason of the unsanitary, unsafe, or substandard condition of the premises, or the unlawful use thereof; and
     (b) Demonstrates that reasonable actions to mitigate the threat or conditions have been attempted with no substantial improvement in the condition of the property. Reasonable actions may include but are not limited to administrative actions by the municipality, court actions other than condemnation proceedings, actions by the owner of the premises to come into compliance with code, and other reasonable accommodations.
     (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.