OLYMPIA… State Sen. Don Benton, R-Vancouver, in response to a Washington State Supreme Court decision that allowed a government entity to take private land for private use, will sponsor a bill this session to rein in the court’s discretion.

“The Washington State Constitution specifically forbids government entities from taking private property for another private use,” Benton said. “Unfortunately, the court came out with a decision on the Pioneer Square Monorail station that allowed privately owned land to be taken on a flimsy and abusive construction of ‘public use.’”

In the dissent on the Monorail decision, Justice Richard Sanders wrote: “Municipal corporations do not possess an inherent power of eminent domain and thus may exercise such power only when expressly authorized to do so by the state legislature.”

Benton’s bill puts into statute very specific language as to what constitutes public use and declares: “No government shall take or damage private land or any interest in real property that is not to be used for the construction of a public use facility or the provision of a public service necessary to protect public health and safety.”

Benton said his proposal is clearly needed to strengthen the constitutional foundation for the proper use of eminent domain.

“The Kelo case in Connecticut last summer put us all on high alert,” Benton said. “After the United States Supreme Court said the U.S. Constitution did not prohibit the city of New London from condemning private property for private business use, it became clear that a property owner’s protection was going to have to come from state laws and provisions in a state’s constitution.”

For more information contact Penny Drost
 at (360) 786-7522
or penny.drost@leg.wa.gov