Citizens’ Alliance for Property Rights Statewide Legislative Alert!!! Three Bills on Eminent Domain: Each of these bills intend to better define eminent domain and prevent takings for other than true public use, each bill is specific to certain problems associated with eminent domain! Please call your legislators or the legislative hotline to support the hearing and passage all of these bills! Legislative hotline: 1.800.562.6000 SB 5188, Read original text: http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Senate%20Bills/5188.pdf CAPR summary: Because cities have in the past used eminent domain to transfer property from one private owner to another to increase jurisdictional tax revenues. And even though the Washington State Constitution forbids private property takings for private use, Washington Courts have allowed eminent domain takings of private property by government for purposes that are in fact private in nature. SB 5188 restricts government eminent domain takings to specified public use facilities or public health and safety. SB 5188 further states: No government shall take or damage private land or any interest in real property that is not to be used for the construction of a public use facility or the provision of a public service necessary to protect public health and safety. SB 5189, Read original text: http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Senate%20Bills/5189.pdf CAPR summary: No private property shall be taken or damaged for public or private use that is to be transferred for use or possession by a governmental agency of another state. SB 5189 would add protections against eminent domain in border projects where there could possibly be situations where the differences in state laws could be in conflict. SB 5363, Read original text: http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Senate%20Bills/5363.pdf CAPR summary: SB 5363 prohibits the use of eminent domain for economic development. Section 1 defines certain uses and terms. Section 2 Expressly states Private Property may only be taken for public use and the taking of private property by any public entity for economic development does not constitute public use. No public entity may take property for the purpose of economic development. Section 3 states: In establishing or challenging the asserted public use of a taking of private property the taking of private property shall be deemed for economic development and not a proper basis for eminent domain if the court determines the taking does not result in any of the exceptions to economic development set forth in Section 1(2) of this act, and economic development was a substantial factor in the governmental body’s decision to take the property. Section 4 amends RCW 35.81.080, adding the language “Condemnation of property in blighted areas for economic development, as defined in Section 1 of this act, is not a public use.
January 25, 2015