§ 14.3 - The State Statutory Framework

• Jurisdiction: Washington

§14.3 THE STATE STATUTORY FRAMEWORK

RCW 64.04.130 and RCW 84.34.200-.250 contain the statutory authorization for conservation easements.

(1) Legislative history/interest in land

The state legislature first addressed conservation easements in 1971 by declaring that the acquisition of such interests constitutes a public purpose and allowing local governments to acquire such interests. Laws of 1971, ch. 243, §2, codified at Ch. 84.34 RCW. The legislature was motivated to enact these laws by its concern for haphazard growth and urban development encroaching on open space and natural resource lands. Laws of 1971, ch. 243, §1. Conservation easements and other development restrictions were characterized by the 1975 legislature as real property. Laws of 1975-76, ch. 22, §3. The 1979 legislature further clarified the nature of these interests by stating expressly that development rights, easements, covenants, restrictions, or other rights, or any interests less than a fee simple to protect, preserve, maintain, improve, restore, limit future use of, or conserve for open space purposes, whether appurtenant or in gross, "shall constitute and be classified as real property." Laws of 1979, ch. 21, §1, codified at RCW 64.04.130.

(2) Purpose and scope of the restriction

The enabling statutes characterize the purpose of conservation easements as being to protect, preserve, maintain, improve, restore, limit the future use of, or conserve for open space purposes any land or improvement on the land...