Grant County to protect property owners

Federal, state agencies must study economic impact of new regulations

EPHRATA - Grant County commissioners approved an ordinance helping to protect private landowners from regulations restricting property use on Tuesday.

Ordinance no. 08.1.30 requires federal or state agencies to study the financial impact to the property owner, the county's economy and the county's budget. Examples of these kinds of restrictions include eminent domain or shoreline regulations, said Dave Nelson, Grant County's community development director.

"Say if you own property on a lake and they say you can't develop within 150 feet of the water," he said. "They've reduced the value of your property. They would have to do an analysis."

Nelson said the requirement protects private property owners by assessing the economic impact of land use restrictions, if the agency needs to reimburse the person.

The regulation also applies when federal or state agencies' regulations affect the use of the county's land, or when Grant County affects private property rights.

Washington State Farm Bureau members and other property owners approached the commissioners about creating an ordinance to help local landowners when federal or state governments restrict the use of their land, Commissioner LeRoy Allison said. They also heard a presentation on similar laws in Utah and Nevada during a 2007 conference.

He said when state or federal agencies restrict the use of land used for grazing livestock, the commissioners start getting phone calls.

"There's a direct financial impact on the local livestock owner if he doesn't have access to that land," Allison said. "There has to be this financial impact determination, so we don't damage the property owners or the communities."

David Taylor from the Washington State Farm Bureau said the change complies with federal regulations in the Federal Land Policy and Management Act, and the bureau supported the regulation.

"For the record, we do support the ordinance, and urge your adoption," Taylor said. "We urge you to mail a copy of it to not only the Department of Interior but all the agencies within that department. Once again on behalf of the farm bureau we want to applaud Grant County for taking a very active role in planning for the protection of private property rights in the county."

The federal or state agency needs to do the impact study if they restrict land use, Allison said, the regulation also applies to county regulations. He said the planning department would handle those studies for the county.

"It might force (Grant County) Public Works through a more stringent process," he said. "We're going to have to scrutinize our own economic impact if there's a taking."

If the agencies don't comply with the ordinance the law allows the commissioners to sue the agency when, "the custom, culture, economic stability, the tax base or the general welfare, health and safety of the citizens of Grant County is at issue."

This affects residents of the county, including those in cities.