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Real Property & Development Review

Category Archives: Land Use

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City and County Governments Authorize Permit Extensions for Active Development Projects

Posted in Construction, Land Use

This post is authored by:  Clayton Graham & Thomas Goeltz Landowners and developers in Washington state should be aware of a spate of recent legislation aimed at prolonging the life of active land development permits. Developers who request these extensions in a timely manner could effectively extend the life of their development approvals—including certain building… Continue Reading

Washington Supreme Court: Vested Development Rights Not Triggered by Site Plan Application

Posted in Land Use

The scope of Washington’s vested rights doctrine—which has constitutional, common law, and statutory underpinnings—has been the subject of a longstanding debate. Under this doctrine, certain development projects may be subject to the land development laws in effect on the date that a complete building permit application is submitted, despite later changes in the law. Whether… Continue Reading

New Rules Soon for Condos, Communities (Part 2)

Posted in Land Use

Previously, in our September 3 post, we talked about how Senate Bill 963 impacts the governance of condominium associations and planned communities. For an outline of some of the other changes that SB 963 brings about, read the full Daily Journal of Commerce article (Part 2).

New Law Will Affect Condos, Communities

Posted in Land Use

On June 30, Oregon Gov. Ted Kulongoski signed Senate Bill 963 into law. This bill, set to go into effect on Jan. 1, 2010, makes major changes to the Oregon Condominium Act (ORS Chapter 100) and the Oregon Planned Community Act (ORS Chapter 94). Following is an overview of the changes ahead for people dealing… Continue Reading

Keeping Costs Down On Land Survey

Posted in Land Use

We recently met with some surveyors, who passed on the following tips for keeping costs down on land surveys: In order for them to provide a realistic price quote, they need to see copies of the property title report, the prior survey (if you have it), and the lender’s survey requirements (including the form of… Continue Reading

Seattle Shoreline Master Program Update–Shoreline Characterization Report Shows “Impaired” Shorelines in the City

Posted in Land Use

Seattle’s Department of Planning and Development (DPD) is currently updating the City’s Shoreline Master Program, which regulates land use and development on and near the City’s shorelines. As a part of this update, which is slated for completion around December 2010, the City has carried out a comprehensive study of the relative health of Seattle’s… Continue Reading

Appealability of Stop Work Orders under LUPA

Posted in Land Use

A recent Division One Court of Appeals case, Heller Building, LLC v. City of Bellevue, addresses when the issuance of a “stop work order” will be considered an appealable land use decision under Washington’s Land Use Petition Act (LUPA), Chapter 36.370C, RCW. In the Heller case, the City of Bellevue had issued a building permit… Continue Reading

How to Know What Permits Are Required for a Washington Land Development Project

Posted in Land Use

If you have ever wondered what environmental and land use approvals and permits are required for a land development project located within the state of Washington, especially a complex project involving multiple agencies and permits, then you should know about the”Environmental Permit Handbook,” a very useful website that neatly describes and organizes many federal, state,… Continue Reading

Oregon Supreme Court Land Use Decision

Posted in Land Use

In Corey v. Department of Land Conservation and Development, the Oregon Supreme Court on May 8, 2008, ruled that Measure 49, which voters passed in November 2007, extinguished landowners’ rights under Measure 37 except to the extent that a landowner had completed enough of the development approved under Measure 37 to have obtained a common… Continue Reading

New Greenhouse Gas Emission Rules Effective October 15

Posted in Land Use

Beginning October 15, developers and public agencies with new construction projects in King County will be required to provide an estimate of greenhouse gas emissions resulting from the project.  Details with worksheet and SEPA compliance checklist here.

Court Orders Roof Removal

Posted in Land Use

Based on a deed restriction allowing only a "one story" home, the Court of Appeals held that the owner in this case would be required to "abate" — tear out and modify — the roof of a home that blocked westerly views from an upland parcel in West Seattle. Our previous coverage of this case… Continue Reading

Cell Tower Permit Denial Upheld by Division 2

Posted in Land Use

The ongoing land use battle over cell tower siting rages on, with this round awarded to the opponents of a Cingular tower proposed for construction in a rural area of Thurston County. Division 2 upheld a hearing examiner’s permit denial, summarizing a portion of the key evidence as follows: The testimony of area residents amply… Continue Reading

Oregon’s Measure 37 Upheld by Supreme Court

Posted in Land Use

This decision today by Oregon’s Supreme Court to uphold the validity of property rights Measure 37 will certainly add some fuel to the Farm Bureau’s push for a similar initiative in Washington.

Push for Property Rights Initiative in Washington Officially Launched

Posted in Land Use

The Farm Bureau has officially launched its expected campaign to take a proposed initiative to voters in November 2006 for adoption of a property rights law which — depending on who you ask –is either similar to or different from Oregon’s Measure 37. An Oregon trial court struck down Measure 37 on constitutional grounds and… Continue Reading

Supreme Court Sides with City in Traffic Impact Fee Dispute

Posted in Land Use

By a 6-3 vote, the Supreme Court today upheld the validity of Olympia’s method of calculating the sum to be paid for traffic impact fees for new developments. In a nutshell, the city has broad authority under the GMA and need not make “individualized assessments” as urged by the developer. The dissent — Johnson, Sanders… Continue Reading