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Attorney-general guidance on regulatory takings reviewed; moratoria and rezonings flagged for caution
Summary
Legal counsel reviewed statewide Attorney General guidance on unconstitutional regulatory takings and discussed warning signals—temporary or permanent occupation, depriving all economically viable use, and Penn Central factors—plus case law and how moratoria, dedications and overlays can trigger challenges.
The Spokane Plan Commission on Jan. 22 received an overview of Attorney General guidance and case law on regulatory takings, a legal topic planners must consider when adopting code changes, rezoning properties or imposing land-use conditions.
Tim (presenter) outlined the key legal tests planners should use to screen proposed regulatory changes and summarized the AG—s recommended internal review process for local governments.
"Property owners do not have a constitutional right to the most profitable use of their property," Tim said, describing the constitutional baseline and why many land-use regulations are upheld. He reviewed the three-part takings framework used in Washington: (1) permanent physical occupation, (2) deprivation of all economically beneficial use, and (3) application of the Penn Central factors (economic impact, interference with investment-backed expectations, and character of the governmental action).
Tim said the Department of Commerce—s model procedures require local governments to prepare an advisory memorandum under RCW 36.70. Partial citation in the presentation…
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