House moves eminent domain bills to protect public

February 14, 2008

OLYMPIA – The House took up two eminent domain bills late Wednesday designed to better protect property owners, and also to make sure they know their options.

Rep. Larry Springer, D-Kirkland, is the prime sponsor of the House Bill 2016, which will provide several property rights protections.  Rep. Lynn Kessler, D-Hoquiam, wrote House Bill 2920 which mandates that an information pamphlet be sent to owners when final action is reached for their property.

“This bill can’t take away the pain some property owners experience during eminent domain proceedings,” Springer said, “but it will make the process more fair for them.”

Springer’s bill would provide several property rights protections:

-          Providing guidelines for condemning entities to consider alternatives before settling on a certain property for eminent domain proceedings.

-          Allowing property owners to recover more costs associated with having an appraiser evaluate their property.

-          Requiring a property owner subjected to eminent domain be given written notice explaining the project’s progress if the property hasn’t been put to public use within five years.

-          Prohibiting eminent domain from being used to expand tax bases, increase employment in an area, or to transfer to another entity or person.

-          Allowing property owners the right to buy back their property if it is not used within 7 years.

“Courts that have ruled against property owners have made it necessary to pass protections now,” Springer said.  “We can take action this session to pass protections we know will strengthen property rights.”

Kessler’s House Bill 2920 would create an information pamphlet to address concerns expressed by citizens who are going through the eminent domain process.  Often, they are unaware of their options. 

“People can’t protect their property if they don’t know their options,” Kessler said.  “This pamphlet, written in plain language, will lay out eminent domain purposes and scope, as well as the rights of persons subject to eminent domain proceedings.”

“It’s a hard process, and providing information about property owner rights will go a long way in building public trust.”

The legislation requires the state’s Attorney General Office to develop the pamphlet and have it mailed to property owners when final action is planned in eminent domain proceedings.

Both bills now go to the Senate.