Special Federal Issue
February 24, 2006

Eminent Domain

AWC Position

Oppose legislation that would impact Washington State Supreme Court interpretations, which already prohibit the use of eminent domain for private economic development, or that would impact funding for economic development in our state.

Background

There has been considerable debate in response to the U.S. Supreme Court Kelo v. New London decision that upheld an action in which the city had condemned private property to allow for redevelopment.

The impact in Washington State, however, is minimal because our State Supreme Court ruled long ago that condemnation for private economic development did not qualify as a "public use" as required by the Washington State Constitution and, therefore, local governments and the state could not use eminent domain for that purpose.

The Washington State Legislature considered several bills during the 2006 legislative session and ultimately decided that no change was needed to the protections already provided by the Washington State Supreme Court’s decisions.

 

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