| The Washington Farm Bureau (WFB) has announced it will file a property-rights initiative similar to Measure 37 passed in Oregon last year by 61 percent of voters. The initiative, which will be filed this month, will require landowners to be compensated by governments if an action damages either the use or value of private property, or will require governments to waive regulations on that land. Habitat designations, requirements for buffers along waterways and wetland - such as those called for in the recently passed Kitsap County Critical Areas Ordinance - and efforts to remove tide gates are examples of government efforts to devalue property.
The WFB says its initiative will be different in scope from Oregon's Measure 37. A circuit judge struck the measure down in October, saying it violated five provisions of the state and federal constitutions. In November, the Oregon Supreme Court said it will expedite its review of the judge's order and will hear oral arguments in the case on January 10.
WFB noted that under the Oregon measure, compensation would be calculated by the date of acquisition of property by the owner, or a family member, whichever came first. There's no such retroactivity under the proposed Washington initiative. The draft of the initiative also would require agencies to work with property owners, either providing incentives or assistance for environmental restoration. There would be an exemption for regulations necessary to protect public health and safety, including structural requirements to alleviate damage from earthquakes, flooding or other natural disasters.
Building Industry Association of Washington (BIAW) is participating in the drafting process, and BIAW's Board of Director's will consider whether to endorse the initiative at the Winter Board of Directors meeting in February. A recent survey of BIAW members commissioned by the association indicates 87 percent of its members support the association sponsoring or supporting an Oregon-style property rights initiative.
“BIAW has, for the past year, considered running a property rights initiative based on Oregon's Measure 37,” said BIAW President Jeff Hansell. “The thought was that if Oregon, the pioneer of the smart-growth movement and bastion of environmental extremism, can pass such a powerful property rights measure, than Washington can too,” said Hansell. “Now that the Farm Bureau has taken the lead, BIAW will work closely with the Farm Bureau, and other interested groups, to ensure the initiative that is drafted is as bullet-proof as possible while at the same time restoring land owners' property rights.”. |
