There are fundamental issues regarding the rights of individual property owners that come up each legislative session in our state government. ?Real estate professionals are working every year to maintain the balance of protecting an individual?s personal property rights, while still allowing Washington state?s government to exercise reasonable regulation over privately-owned property.
As we begin a new legislative session in Olympia, Washington REALTORS??are focused on issues that affect our state?s property owners. ? Specifically, we?re working to protect Washington property owners who are affected by the growing size of our communities and the resulting increase in public projects which take, or devalue, private property for the public good.
Our goal is to ensure that private property owners are:
- Justly compensated for the benefit the public has received, when their property has been negatively affected for the public good
- Not deprived of their property for purposes of ?economic development?, but only in the case of a real public use
Appropriate use of eminent domain and prompt ?compensation for these benefits will allow healthy growth for our communities and ensure property owners that their investments are safe.
Washington REALTORS??Position on Property Owner Rights (Private Property Rights):
REALTORS? recognize that balancing public and private interests in the area of land use is a major ongoing political and social issue. ?There is a trend toward shifting?the?costs of public benefits to private individuals through increased public control over private property at both the state and local government levels. ?We recognize the need for all levels of government to be able to exercise legitimate police powers in the?regulation?of?private?property to protect the health, safety and general welfare of its citizens. ?When government?actions?or regulations are not based upon legitimate police powers, the government should be required to?compensate?the property owner for the loss of or devaluing of the private property.
REALTORS? are dedicated to protecting the right to own, use and?transfer?real property. ?We?believe?the highest and best use of property should always be taken into account when new land use?regulations?are being considered.
REALTORS? oppose the taking of private property through regulatory changes for a public use without?timely?and just compensation . ?If the taking of property is for a public use, then the public?should?compensate the private property landowners for the public benefit received. ?Compensation must be made to property owners?when?their property value is reduced in whole or in part by government?regulation.
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Likewise, REALTORS? oppose the government exercise of its eminent domain power to condemn private property for public use without ?just? compensation to the affected property owners. ?Such compensation should include not only the value of the property condemned, but also reasonable and?necessary?costs generated by the condemnation action including such costs as hiring legal counsel, obtaining?temporary?housing, lost business revenue, and severance?for damages. ?The use of a government?s eminent domain authority?should?only be used for a real public use and not for such?purposes?as economic development. ?The governmental entity?should?provide persuasive, objective evidence that the project and the public use and benefit will be realized.
? SeattleHome.com: ? Sam DeBord, Managing Broker, Realtor
Coldwell Banker Seattle: Coldwell Banker Danforth & Associates
Twitter | Facebook | LinkedIn | Google + | Sam (at) SeattleHome.com
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