RCW 36.70A.370
Protection of private property.
(1) The state attorney general shall establish by October 1, 1991, an orderly, consistent process, including a checklist if appropriate, that better enables state agencies and local governments to evaluate proposed regulatory or administrative actions to assure that such actions do not result in an unconstitutional taking of private property. It is not the purpose of this section to expand or reduce the scope of private property protections provided in the state and federal Constitutions. The attorney general shall review and update the process at least on an annual basis to maintain consistency with changes in case law.
(2) Local governments that are required or choose to plan under RCW 36.70A.040 and state agencies shall utilize the process established by subsection (1) of this section to assure that proposed regulatory or administrative actions do not result in an unconstitutional taking of private property.
(3) The attorney general, in consultation with the Washington state bar association, shall develop a continuing education course to implement this section.
(4) The process used by government agencies shall be protected by attorney client privilege. Nothing in this section grants a private party the right to seek judicial relief requiring compliance with the provisions of this section.
[ 1991 sp.s. c 32 § 18.]
Structure Revised Code of Washington
Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities.
36.70A.010 - Legislative findings.
36.70A.011 - Findings—Rural lands.
36.70A.035 - Public participation—Notice provisions.
36.70A.045 - Phasing of comprehensive plan submittal.
36.70A.050 - Guidelines to classify agriculture, forest, and mineral lands and critical areas.
36.70A.060 - Natural resource lands and critical areas—Development regulations.
36.70A.070 - Comprehensive plans—Mandatory elements.
36.70A.080 - Comprehensive plans—Optional elements.
36.70A.085 - Comprehensive plans—Port elements.
36.70A.090 - Comprehensive plans—Innovative techniques.
36.70A.100 - Comprehensive plans—Must be coordinated.
36.70A.103 - State agencies required to comply with comprehensive plans.
36.70A.110 - Comprehensive plans—Urban growth areas.
36.70A.130 - Comprehensive plans—Review procedures and schedules—Implementation progress report.
36.70A.131 - Mineral resource lands—Review of related designations and development regulations.
36.70A.140 - Comprehensive plans—Ensure public participation.
36.70A.142 - Comprehensive plans—Siting of organic materials management facilities.
36.70A.150 - Identification of lands useful for public purposes.
36.70A.160 - Identification of open space corridors—Purchase authorized.
36.70A.165 - Property designated as greenbelt or open space—Not subject to adverse possession.
36.70A.170 - Natural resource lands and critical areas—Designations.
36.70A.171 - Playing fields—Compliance with this chapter.
36.70A.172 - Critical areas—Designation and protection—Best available science to be used.
36.70A.175 - Wetlands to be delineated in accordance with manual.
36.70A.177 - Agricultural lands—Innovative zoning techniques—Accessory uses.
36.70A.180 - Chapter implementation—Intent.
36.70A.190 - Technical assistance—Grants—Mediation services—Resolution of tribal disputes.
36.70A.200 - Siting of essential public facilities—Limitation on liability.
36.70A.210 - Countywide planning policies.
36.70A.211 - Siting of schools—Rural areas, when authorized—Impact fees.
36.70A.212 - Siting of schools—Periodic updates.
36.70A.215 - Review and evaluation program.
36.70A.250 - Growth management hearings board—Creation—Members.
36.70A.260 - Growth management hearings board—Regional panels.
36.70A.280 - Growth management hearings board—Matters subject to review.
36.70A.290 - Growth management hearings board—Petitions—Evidence.
36.70A.295 - Growth management hearings board—Direct judicial review.
36.70A.305 - Expedited review.
36.70A.310 - Growth management hearings board—Limitations on appeal by the state.
36.70A.320 - Presumption of validity—Burden of proof—Plans and regulations.
36.70A.3201 - Growth management hearings board—Legislative intent and finding.
36.70A.332 - Training regarding findings of noncompliance.
36.70A.335 - Order of invalidity issued before July 27, 1997.
36.70A.340 - Noncompliance and sanctions.
36.70A.350 - New fully contained communities.
36.70A.360 - Master planned resorts.
36.70A.362 - Master planned resorts—Existing resort may be included.
36.70A.365 - Major industrial developments.
36.70A.367 - Major industrial developments—Master planned locations.
36.70A.370 - Protection of private property.
36.70A.380 - Extension of designation date.
36.70A.385 - Environmental planning pilot projects.
36.70A.390 - Moratoria, interim zoning controls—Public hearing—Limitation on length—Exceptions.
36.70A.400 - Accessory apartments.
36.70A.410 - Treatment of residential structures occupied by persons with handicaps.
36.70A.420 - Transportation projects—Findings—Intent.
36.70A.430 - Transportation projects—Collaborative review process.
36.70A.460 - Watershed restoration projects—Permit processing—Fish habitat enhancement project.
36.70A.470 - Project review—Amendment suggestion procedure—Definitions.
36.70A.480 - Shorelines of the state.
36.70A.481 - Construction—Chapter 347, Laws of 1995.
36.70A.490 - Growth management planning and environmental review fund—Established.
36.70A.510 - General aviation airports.
36.70A.520 - National historic towns—Designation.
36.70A.540 - Affordable housing incentive programs—Low-income housing units—Tiny house communities.
36.70A.550 - Aquifer conservation zones.
36.70A.570 - Regulation of forest practices.
36.70A.590 - Complying with requirements relating to surface and groundwater resources.
36.70A.610 - Housing supply and affordability report.
36.70A.620 - Cities planning under RCW 36.70A.040—Minimum residential parking requirements.
36.70A.690 - On-site sewage system self-inspection.
36.70A.695 - Development regulations—Jurisdictions specified—Electric vehicle infrastructure.
36.70A.696 - Accessory dwelling units—Definitions.
36.70A.697 - Accessory dwelling units—Adoption of requirements.
36.70A.698 - Accessory dwelling units—Off-street parking—When prohibited.
36.70A.699 - Accessory dwelling units—Rights not modified.
36.70A.700 - Purpose—Intent—2011 c 360.
36.70A.715 - Funding by commission—County's duties—Watershed group established.
36.70A.720 - Watershed group's duties—Work plan—Conditional priority funding.
36.70A.725 - Technical review of work plan—Time frame for action by director.
36.70A.730 - Report by watershed group—Director consults with statewide advisory committee.
36.70A.735 - When work plan is not approved, fails, or is unfunded—County's duties—Rules.
36.70A.740 - Commission's duties—Timelines.
36.70A.745 - Statewide advisory committee—Membership.
36.70A.750 - Agricultural operators—Individual stewardship plan.
36.70A.755 - Implementing the work plan.
36.70A.760 - Agricultural operators—Withdrawal from program.
36.70A.800 - Role of growth strategies commission.
36.70A.900 - Severability—1990 1st ex.s. c 17.
36.70A.901 - Part, section headings not law—1990 1st ex.s. c 17.
36.70A.902 - Section headings not law—1991 sp.s. c 32.