Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Judiciary Committee

SB 5049

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to relocation assistance following real property acquisition.

Brief Description: Concerning relocation assistance following real property acquisition.

Sponsors: Senator King.

Brief Summary of Bill

  • Removes the ability of local public agencies and certain other persons to opt out of complying with the relocation assistance laws.

Hearing Date: 3/9/17

Staff: Audrey Frey (786-7289).

Background:

The federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, enacted in 1970, establishes certain procedures and minimum levels of relocation assistance that must be provided to persons who are displaced from their homes, businesses, or farms as a result of government acquisition of real property for public works projects. The state Relocation Assistance Chapter, enacted in 1971, generally mirrors the federal law.

In order for state and local government agencies to use federal funds on a public works project, they must comply with the federal statutory requirements for providing relocation assistance to displaced persons. In cases where no federal funds are involved: (1) local public agencies may elect not to comply with the relocation assistance payment requirements; and (2) any person who has the authority to acquire property by eminent domain under state law may elect not to comply with the relocation assistance acquisition procedures.

Summary of Bill:

Intent language is added stating that the purpose of the Relocation Assistance Chapter (Chapter) is to require the state, local public agencies, and other persons who have the authority to acquire property by eminent domain under state law to comply with the Chapter in order to assure the fair and equitable treatment of all persons and property owners impacted by public projects.

The provision allowing local public agencies to opt out of complying with the Chapter when a public works project does not involve federal funds is removed.

The provision allowing persons with the authority to acquire property by eminent domain under state law to opt out of complying with the Chapter when a public works project does not involve federal funds is removed.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.