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. |