RCW 84.34.200
Acquisition of open space, etc.,
land or rights to future development by counties, cities, or metropolitan
municipal corporations — Legislative declaration — Purposes.
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The legislature finds that
the haphazard growth and spread of urban development is encroaching upon, or
eliminating, numerous open areas and spaces of varied size and character,
including many devoted to agriculture, the cultivation of timber, and other
productive activities, and many others having significant recreational, social,
scenic, or esthetic values. Such areas and spaces, if preserved and maintained
in their present open state, would constitute important assets to existing and
impending urban and metropolitan development, at the same time that they would
continue to contribute to the welfare and well-being of the citizens of the
state as a whole. The acquisition of interests or rights in real property for
the preservation of such open spaces and areas constitutes a public purpose for
which public funds may properly be expended or advanced.
[1971 ex.s. c 243 § 1.]
RCW 84.34.210
Acquisition of open space, land,
or rights to future development by certain entities — Authority to acquire —
Conveyance or lease back.
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Any
county, city, town, metropolitan park district, metropolitan municipal
corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or
nonprofit nature conservancy corporation or association, as such are defined in
RCW 84.34.250,
may acquire by purchase, gift, grant, bequest, devise, lease, or otherwise,
except by eminent domain, the fee simple or any lesser interest, development
right, easement, covenant, or other contractual right necessary to protect,
preserve, maintain, improve, restore, limit the future use of, or otherwise
conserve, selected open space land, farm and agricultural land, and timber land
as such are defined in chapter 84.34 RCW for
public use or enjoyment. Among interests that may be so acquired are mineral
rights. Any county, city, town, metropolitan park district, metropolitan
municipal corporation, nonprofit historic preservation corporation as defined
in RCW 64.04.130,
or nonprofit nature conservancy corporation or association, as such are defined
in RCW 84.34.250,
may acquire such property for the purpose of conveying or leasing the property
back to its original owner or other person under such covenants or other
contractual arrangements as will limit the future use of the property in
accordance with the purposes of chapter 243, Laws of 1971 ex. sess.
[1993 c 248 § 1; 1987 c 341
§ 2; 1975-'76 2nd ex.s. c 22 § 1; 1971 ex.s. c 243 § 2.]
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Acquisition of interests
in land for conservation, protection, preservation, or open space purposes by
certain entities: RCW 64.04.130. Property tax exemption for conservation
futures on agricultural land: RCW 84.36.500. |
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RCW 84.34.220
Acquisition of open space, land,
or rights to future development by certain entities — Developmental rights —
"Conservation futures" — Acquisition — Restrictions.
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In
accordance with the authority granted in RCW 84.34.210, a
county, city, town, metropolitan park district, metropolitan municipal
corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or
nonprofit nature conservancy corporation or association, as such are defined in
RCW 84.34.250,
may specifically purchase or otherwise acquire, except by eminent domain,
rights in perpetuity to future development of any open space land, farm and
agricultural land, and timber land which are so designated under the provisions
of chapter 84.34
RCW and taxed at current use assessment as provided by that chapter. For the
purposes of chapter 243, Laws of 1971 ex. sess., such developmental rights
shall be termed "conservation futures". The private owner may retain
the right to continue any existing open space use of the land, and to develop
any other open space use, but, under the terms of purchase of conservation
futures, the county, city, town, metropolitan park district, metropolitan
municipal corporation, nonprofit historic preservation corporation as defined
in RCW 64.04.130,
or nonprofit nature conservancy corporation or association, as such are defined
in RCW 84.34.250,
may forbid or restrict building thereon, or may require that improvements
cannot be made without county, city, town, metropolitan park district,
metropolitan municipal corporation, nonprofit historic preservation corporation
as defined in RCW 64.04.130, or
nonprofit nature conservancy corporation or association, as such are defined in
RCW 84.34.250,
permission. The land may be alienated or sold and used as formerly by the new
owner, subject to the terms of the agreement made by the county, city, town,
metropolitan park district, metropolitan municipal corporation, nonprofit historic
preservation corporation as defined in RCW 64.04.130, or
nonprofit nature conservancy corporation or association, as such are defined in
RCW 84.34.250,
with the original owner.
[1993 c 248 § 2; 1987 c 341
§ 3; 1975-'76 2nd ex.s. c 22 § 2; 1971 ex.s. c 243 § 3.]
RCW 84.34.230
Acquisition of open space, etc.,
land or rights to future development by certain entities — Additional
property tax levy authorized.
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Conservation
futures are a useful tool for counties to preserve lands of public interest for
future generations. Counties are encouraged to use some conservation futures as
one tool for salmon preservation purposes.
For the purpose of acquiring conservation futures and
other rights and interests in real property pursuant to RCW 84.34.210 and
84.34.220,
and for maintaining and operating any property acquired with these funds, a
county may levy an amount not to exceed six and one-quarter cents per thousand
dollars of assessed valuation against the assessed valuation of all taxable
property within the county. The limitations in RCW 84.52.043
shall not apply to the tax levy authorized in this section. Any rights or
interests in real property acquired under this section after
[2005 c 449 § 1; 1995 c 318
§ 8; 1994 c 301 § 33; 1973 1st ex.s. c 195 § 94; 1973 1st ex.s. c 195 § 145;
1971 ex.s. c 243 § 4.]
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Effective
date -- 1995 c 318: See note following RCW 82.04.030. Severability
-- Effective dates and termination dates -- Construction -- 1973 1st ex.s. c
195: See notes following RCW 84.52.043. |
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RCW 84.34.230
Acquisition of open space, etc.,
land or rights to future development by certain entities — Additional property
tax levy authorized.
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Conservation
futures are a useful tool for counties to preserve lands of public interest for
future generations. Counties are encouraged to use some conservation futures as
one tool for salmon preservation purposes.
For the purpose of acquiring conservation futures and
other rights and interests in real property pursuant to RCW 84.34.210 and
84.34.220,
and for maintaining and operating any property acquired with these funds, a
county may levy an amount not to exceed six and one-quarter cents per thousand
dollars of assessed valuation against the assessed valuation of all taxable
property within the county. The limitations in RCW 84.52.043
shall not apply to the tax levy authorized in this section. Any rights or
interests in real property acquired under this section after
[2005 c 449 § 1; 1995 c 318
§ 8; 1994 c 301 § 33; 1973 1st ex.s. c 195 § 94; 1973 1st ex.s. c 195 § 145;
1971 ex.s. c 243 § 4.]
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Effective
date -- 1995 c 318: See note following RCW 82.04.030. Severability
-- Effective dates and termination dates -- Construction -- 1973 1st ex.s. c
195: See notes following RCW 84.52.043. |
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RCW 84.34.240
Acquisition of open space, etc.,
land or rights to future development by certain entities — Conservation
futures fund — Additional requirements, authority.
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Conservation
futures are a useful tool for counties to preserve lands of public interest for
future generations. Counties are encouraged to use some conservation futures as
one tool for salmon preservation purposes.
(1) Any board of county commissioners may establish by
resolution a special fund which may be termed a conservation futures fund to
which it may credit all taxes levied pursuant to RCW 84.34.230.
Amounts placed in this fund may be used for the purpose of acquiring rights and
interests in real property pursuant to the terms of RCW 84.34.210 and
84.34.220,
and for the maintenance and operation of any property acquired with these
funds. The amount of revenue used for maintenance and operations of parks and
recreational land may not exceed fifteen percent of the total amount collected
from the tax levied under RCW 84.34.230 in
the preceding calendar year. Revenues from this tax may not be used to supplant
existing maintenance and operation funding. Any rights or interests in real property
acquired under this section must be located within the assessing county.
Further, the county must determine if the rights or interests in real property
acquired with these funds would reduce the capacity of land suitable for
development necessary to accommodate the allocated housing and employment
growth, as adopted in the countywide planning policies. When actions are taken
that reduce capacity to accommodate planned growth, the jurisdiction shall
adopt reasonable measures to increase the capacity lost by such actions.
(2) In counties greater than one hundred thousand in
population, the board of county commissioners or county legislative authority
shall develop a process to help ensure distribution of the tax levied under RCW
84.34.230,
over time, throughout the county.
(3)(a) Between July 24, 2005, and July 1, 2008, the
county legislative authority of a county with a population density of fewer
than four persons per square mile may enact an ordinance offering a ballot
proposal to the people of the county to determine whether or not the county
legislative authority may make a one-time emergency reallocation of unspent
conservation futures funds to pay for other county government purposes, where
such conservation futures funds were originally levied under RCW 84.34.230 but
never spent to acquire rights and interests in real property.
(b) Upon adoption by the county legislative authority
of a ballot proposal ordinance under (a) of this subsection the county auditor
shall: (i) Confer with the county legislative authority and review any proposal
to the people as to form and style; (ii) give the ballot proposal a number,
which thereafter shall be the identifying number for the proposal; (iii)
transmit a copy of the proposal to the prosecuting attorney; and (iv) submit
the proposal to the people at the next general or special election that is not
less than ninety days after the adoption of the ordinance by the county
legislative authority.
(c) The county prosecuting attorney shall within
fifteen working days of receipt of the proposal compose a concise statement,
posed as a positive question, not to exceed twenty-five words, which shall
express and give a true and impartial statement of the proposal. Such concise
statement shall be the ballot title.
(d) If the measure is affirmed by a majority voting on
the issue it shall become effective ten days after the results of the election
are certified.
(4) Nothing in this section shall be construed as
limiting in any manner methods and funds otherwise available to a county for
financing the acquisition of such rights and interests in real property.
[2005 c 449 § 2; 1971 ex.s.
c 243 § 5.]
RCW 84.34.250
Nonprofit nature conservancy
corporation or association defined.
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As used
in RCW 84.34.210,
as now or hereafter amended, RCW 84.34.220, as
now or hereafter amended, and RCW 79A.15.010,
"nonprofit nature conservancy corporation or association" means an
organization which qualifies as being tax exempt under 26 U.S.C. section 501(c)
(of the Internal Revenue Code) as it exists on June 25, 1976 and one which has
as one of its principal purposes the conducting or facilitating of scientific
research; the conserving of natural resources, including but not limited to
biological resources, for the general public; or the conserving of open spaces,
including but not limited to wildlife habitat to be utilized as public access
areas, for the use and enjoyment of the general public.
[2009 c 341 § 6; 1975-'76
2nd ex.s. c 22 § 4.]