Laserfiche WebLink
1 for many, and destroying reasonable expectations of being able to make <br /> 2 reasonable beneficial use of property. Article I, section 16 of the <br /> 3 state Constitution requires that government not take or damage property <br /> 4 without first paying just compensation to the property owner. The <br /> 5 people find that government entities should provide compensation for <br /> 6 damage to property as provided in this act, but should also first <br /> 7 evaluate whether the government ' s decision that causes damage is <br /> 8 necessary and in the public interest . <br /> 9 The people find that eminent domain is an extraordinary power in <br /> 10 the hands of government and potentially subject to misuse . When <br /> 11 government threatens to take or takes private property under eminent <br /> 12 domain, it should not take property which is unnecessary for public use <br /> 13 or is primarily for private use, nor should it take property for a <br /> 14 longer period of time than is necessary. <br /> 15 Responsible fiscal management and fundamental principles of good <br /> 16 government require that government decision makers evaluate carefully <br /> 17 the effect of their administrative, regulatory, and legislative actions <br /> 18 on constitutionally protected rights in property. Agencies should <br /> 19 review their actions carefully to prevent unnecessary taking or <br /> 20 damaging of private property. The purpose of this act is to assist <br /> 21 governmental agencies in undertaking such reviews and in proposing, <br /> 22 planning, and implementing actions with due regard for the <br /> 23 constitutional protections of property and to reduce the risk of <br /> 24 inadvertent burdens on the public in creating liability for the <br /> 25 government or undue burdens on private parties . <br /> 26 FAIRNESS WHEN GOVERNMENT REGULATES PRIVATE <br /> 27 PROPERTY BY REQUIRING CONSIDERATION <br /> 28 OF IMPACTS BEFORE TAKING ACTION <br /> 29 NEW SECTION. Sec. 2 . A new section is added to chapter 64 . 40 RCW <br /> 30 to read as follows : <br /> 31 (1) To avoid damaging the use or value of private property, prior <br /> 32 to enacting or adopting any ordinance, regulation, or rule which may <br /> 33 damage the use or value of private property, an agency must consider <br /> 34 and document : <br /> 35 (a) The private property that will be affected by the action; <br /> 36 (b) The existence and extent of any legitimate governmental purpose <br /> 37 for the action; <br /> 2 <br />