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- Introduced by Sen. Paull Shin, (Edmonds) (D) on January 13, 2011, to modify municipalities’ use of eminent domain to expressly include the condemnation of real property that is a threat to public health, safety, or welfare. Within 120 days of the passage of this act, owners of real property that is currently subject to this type of condemnation action may file an appeal in superior court to determine whether the property is a threat to public health, safety, or welfare. The court will make a final determination on the condemnation action and if the court finds the defect curable, the property owners will have a reasonable time to correct the problem. If the property owners cannot cure the deficiency within the time set forth by the court, the municipality can proceed with the condemnation. (Companion: HB 1036).
- Referred to the Senate Government Operations, Tribal Relations & Elections Committee on January 13, 2011.
- Substitute offered in the Senate on February 7, 2011, to provide that a municipality has the right to condemn property for a community renewal project, but the municipality must use the real property for a public purpose. The substitute also provides that, if the real property which is the subject of condemnation poses an identifiable threat to public health, safety, or welfare the condemnation is declared to be for a public use and condemned property does not have to be used for a public purpose. It changes the appeal period from 120 days of adoption of an ordinance to condemn property to 180 days if the owner wishes to file an appeal in superior court.
- Referred to the Senate Rules Committee on February 8, 2011.
- Referred to the Senate Government Operations, Tribal Relations & Elections Committee on January 13, 2011.
Comments
1) Re: 2011 Senate Bill 5078 (Concerning a municipality’s right to condemn real property due to a threat to public health, safety, or welfare) by M_DragonKnight on February 21, 2011Hopefully this bill will help stem emminent domain that municipalities use when they want property for a project. It has always irked me that no matter how faithfully you pay your property taxes and how much your property is worth, that the state/county/city can come tand take it if they want to use it, for pennies on the dollar.
DK
Senator Shin etal:
Condemnation because of blight becomes a real "hot button" issue. Many other state legislatures are dealing with the same problem. I notice in your bill, that little is said about "compensation" other than the owner of a blighted property does not get an increased compensation price if they improve the property and it is taken by condemnation. However, no where does this bill even mention a property owner being offered a "fair market value" for their property. Just as with eminent domain, the bill should also protect a property owners rights of reasonable re-imbursement, even for "blighted" property. Also, the timeline for condemnation is not clearly stated. The State of Texas also included a provision that if a property was not used for a public service after 10 years that it reverted back to it's previous owner. This might have helped property owners along the defunct monorail project and also the Bremerton Project of a few years ago. In the Bremerton Project, a widow was a hold-out and her property finally condemned. The property was taken over by an auto dealership which closed it's doors a few years later. Despite a properties blightedness, for whatever reason the property owners deserve as much protection, under the law, as a valuable taking.
Introduced in the Senate on January 13, 2011
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