State v Evans :: 136 Wn2d 811
Category: Land Use and Property Rights
The Constitution of the State of Washington is clear: Article 1, section 16 prohibits the State from taking private property for private use. However, when it comes to convention centers and stadiums, we have blurred the distinction between public and private. Now in this case, the high Court has decided that “this language does not create a blanket prohibition on the private use of land condemned by the State.” [at 817].
You see, this particular parcel afforded the State to condemn private property, expand the convention center (as if that is a public use) and sell off excess space to private interest for a sizeable profit. One man’s loss (nine property owners) is gain for the majority.
The Court made weak arguments that “private funding does not necessarily corrupt the public nature of that project.” [at 819]. Their primary case cite was that of a town using condemnation to allow a developer to extend a sewer. They failed to recognize that the Constitution distinctly allows this type (utilities and drainage) of an exemption for private use but does not allow for development and leasing of commercial space.
This is a blatant misinterpretation of the Constitution. But the democracy has triumphed over the republic and convention centers and stadiums make us feel good. Sanders and Madsen stood against the majority on this one.
Rating the Usual Suspects:
| pass | Greenan, Thomas | |
| pass | Lim, Janet | |
| pass | Lycette Jr, John P | |
| pass | Madsen, Barbara | |
| pass | Sanders, Richard | |
| pass | Spitzer, Robert | |
| pass | Youngs, Linda | |
| fail | Alexander, Gerry | |
| fail | Armstrong, Sharon | |
| fail | Dolliver, James | |
| fail | Durham, Barbara | |
| fail | Gregoire, Christine | |
| fail | Guy, Richard | |
| fail | Johnson, Charles | |
| fail | Johnson, Charles | |
| fail | Smith, Charles | |
| fail | Talmadge, Phil | |
| fail | Wright, Robert |