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AN ACT Relating to providing owners of real estate taken through 1
eminent domain by school districts, or sold under threat of eminent 2
domain, the opportunity to purchase the real estate back when it is 3
not put to intended public use; adding a new section to chapter 8.16 4
RCW; and creating a new section. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. A new section is added to chapter 8.16 RCW 7
to read as follows: 8
(1) For purposes of this section, real estate is acquired under 9
threat of condemnation when a school district purchases the real 10
estate without a judgment having been entered in a condemnation 11
action brought under this chapter and the school district sends the 12
property owner a written notice indicating an intent to pursue a 13
condemnation action to acquire the real estate. 14
(2) At the time of an acquisition of real estate under threat of 15
condemnation, or within a reasonable time after, a school district 16
shall provide the previous property owner or owners a written 17
statement identifying the use for which the property is being 18
acquired. 19
(3) Before real estate acquired in a condemnation action brought 20
under this chapter, or acquired under threat of condemnation, may be 21
S-0446.1
SENATE BILL 5142
State of Washington 69th Legislature 2025 Regular Session
By Senators Hasegawa, Chapman, Nobles, Schoesler, and Wellman
Prefiled 01/07/25. Read first time 01/13/25. Referred to Committee
on Law & Justice.
p. 1 SB 5142
sold, transferred, or put to a use other than as a site for a 1
schoolhouse, or as additional grounds to an existing schoolhouse 2
site, the school district shall send a written offer by certified 3
mail to the previous owner or owners at their last known addresses, 4
offering to sell the acquired real estate to the previous owner or 5
owners in exchange for the amount paid by the school district to the 6
clerk of the court as compensation for the real estate taken, or, in 7
the case of property acquired under threat of condemnation, for the 8
purchase price paid by the school district. 9
(4) Once the school district puts acquired real estate to use as 10
a site for a schoolhouse, or as additional grounds to an existing 11
schoolhouse site, its obligations under subsection (3) of this 12
section terminate, even if the acquired real estate is subsequently 13
put to a use other than as a site for a schoolhouse or as additional 14
grounds to an existing schoolhouse site. 15
(5) A property owner may waive the rights to receive notice and 16
to purchase back the acquired real estate by executing a written 17
waiver. 18
NEW SECTION. Sec. 2. This act may be known and cited as the 19
Houston eminent domain fairness act.20
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p. 2 SB 5142