Chapter § 9.1 Introduction

• Jurisdiction: Washington

§9.1 INTRODUCTION

This chapter focuses on two major development rights programs that allow landowners to buy, sell, or transfer development rights separately from title to the physical property. The value of real property then lies not in the land itself, but rather in what can be done on or with the land in terms of economic or environmental values. From a land use perspective, we refer to the broad scope of uses allowed by law and the corresponding limitations as "development rights" for the parcel in question. Development rights are inchoate rights in that they exist by reason of the presence of the property in a given location without any specific action by the property owner. Once perfected through local review and approval processes, the development rights become "entitlements" defining specifically how a particular project or use may be allowed on a specific parcel. The source of development rights is most commonly found in state and local jurisdictions' land use regulations, tempered by police power considerations of nexus, proportionality, and limitations imposed by taking and due process considerations of the state and federal constitutions. See Volume 5, Chapter 19 (Regulatory Taking and Inverse Condemnation), of this deskbook.

Under Washington laws the primary source of entitlements or development rights are established by the "development regulations" adopted by local jurisdictions, principally zoning, shoreline, subdivision, building, and public...