2806RESOLUTIO N NO. 2806
•A RESOLUTION OF THE CITY OF MOSES LAKE, WASHINGTON, OPPOSING INITIATIVE 933,
ENTITLED "AN ACT RELATING TO PROVIDING FAIRNESS IN GOVERNMENT REGULATION
OF PROPERTY"
RECITALS:
1.Initiative 933 (1-933) will be presented to the voters of
election on November 7, 2006, with the following offici
Statement of the Subject: Initiative Measure 933
tion of private property.
Concise Description: This measure would require c
ment regulation damages to use or value of private prop
tions that prohibit existing legal uses of private prop
exceptions or payments.
Should this measure be enacted into law? Yes[ ] N
2.1-933 would require an agency, including a city government, that "de cides" to "enforce or apply"
suit in "damaging the use any "ordinance, regulation or rule" to private property which would r
or value of private property" to first "pay compensation," as those phrases are defined and used
in 1-933.
the State of Washington at the general
al Ballot Title:
oncerns government regula-
mpensation when govern-
erty, would forbid regula-
erty, and would provide
o[ ]
wer the threshold for •3. 1-933's definition of "damaging the use or value" would dramatically lo
compensation far below constitutional limits.
s well as personal 4. 1-933's definition of "private property" includes virtually all interests in real a
property.
5. Because 1-933's definition of "damaging the use or value" of private prope
minimum threshold for the reduction of use or value, virtually any limitation on the
property creates a cause for a compensation claim for "damages" within the mea
regardless of the importance of the public protection achieved by such limitation.
rty includes no
use of private
ing of 1-933,
6. By its terms, the provisions of 1-933 are to be "liberally construed" (Section 6) and its e
"shall be construed "narrowly" (Section(2)(c).
xceptions
7.The exceptions listed in Section (2)(c) do not list nuisance uses that typically wo
precluded from residential neighborhoods, and thus 1-933 would authorize claims for pay
or waiver for city regulations that prohibit a wide variety of obnoxious land uses and activ
that would seriously degrade property values of such residential neighborhoods.
8.1-933 would deprive local jurisdictions, including the City of Moses Lake, of the ability to adop
and enforce reasonable land use development standards to mitigate traffic impacts, assure
appropriate building height and lot coverage maxima, provide for the preservation of open
spaces and protection of environmentally sensitive areas; and other general development
regulations necessary to promote the public health, safety and welfare.
uld be
ment
'ties
9. 1-933 erroneously assumes that local jurisdictions have authority to "decide" not to enforce or
apply their duly adopted ordinances, regulations and rules, without granting express authority
to pay compensation or waive the enforcement or application thereof. •
Adopted by the City Council on October 24, 2006
ATTEST: 4 Ronald C. Cove
C)--.--. ,.....--,--t7L---------0 I.L.,
nance Director
•
RESOLUTION 2806
PAGE 2 October 24, 2006
10, The Association of Washington Cities has estimated that the state-wide annual adminis-
trative costs to cities alone would be between $60 million and $76 million, while the state-
wide annual cost to cities for paying off claims is estimated to be between $3.5 billion and
$4.5 billion.
11.The impact of 1-933 on city taxpayers in Washington is estimated at between $2,410 and
$3,078 per household every year.
12.The cost of processing and paying compensation for the enforcement of reasonable
development regulations under 1-933 would far exceed the requirements of both the
federal and state constitutions and cripple the fiscal ability of the City to provide needed
public safety, infrastructure and other public services.
13.Prior to adoption of this resolution, the City of Moses Lake has given notice of the
meeting at which it was considered containing the official BallotTitle of Initiative 933, and
has afforded equal opportunity at the meeting for any person to express an opposing
view, now, therefore, be it
RESOLVED:
1. The City of Council of the City of Moses Lake, Washington, that the City of Moses Lake
opposes adopting of Initiative 933, and urges its rejection by the voters.
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