Resolution 5823 - Laserfiche WebLink

1 "compensation" means the fair market value of that portion of property 2 required to be left in its natural state or without beneficial use . 3 "Compensation" also includes any costs and attorneys ' fees reasonably 4 incurred by the property owner in seeking to enforce this act . 5 FAIRNESS WHEN GOVERNMENT DIRECTLY 6 REGULATES PRIVATE PROPERTY 7 NEW SECTION. Sec. 3 . A new section is added to chapter 64 .40 RCW 8 to read as follows : 9 An agency that decides to enforce or apply any ordinance, 10 regulation, or rule to private property that would result in damaging 11 the use or value of private property shall first pay the property owner 12 compensation as defined in section 2 of this act . This section shall 13 not be construed to limit agencies ' ability to waive, or issue 14 variances from, other legal requirements . An agency that chooses not 15 to take action which will damage the use or value of private property 16 is not liable for paying remuneration under this section. 17 NEW SECTION. Sec. 4 . A new section is added to chapter 64 .40 RCW 18 to read as follows : 19 An agency may not charge any fee for considering whether to waive 20 or grant a variance from an ordinance, regulation, or rule in order to 21 avoid responsibility for paying compensation as provided in section 3 22 of this act . 23 NEW SECTION. Sec. 5 . A new section is added to chapter 36 . 70A RCW 24 to read as follows : 25 Development regulations adopted under this chapter shall not 26 prohibit uses legally existing on any parcel prior to their adoption. 27 Nothing in this chapter shall be construed to authorize an interference 28 with the duties in chapter 64 .40 RCW. 29 MISCELLANEOUS 30 NEW SECTION. Sec. 6 . The provisions of this act are to be 31 liberally construed to effectuate the intent, policies, and purpose of 32 this act to protect private property owners . 5