Summary

• Jurisdiction: Washington

Chapter Details

Summary

§19.1	Introduction
§19.2	The Constitutional Basis
	(1)	United States Constitution
	(2)	Washington Constitution
	(3)	Uncompensated Takings Under the Police Power
		(a)	The Relationship Between the Police Power and the Takings Clause
		(b)	The Extent of Diminution of Value Allowed
	(4)	The Right to Sue in Inverse Condemnation
§19.3	Federal Regulatory Takings
	(1)	What Constitutes a Taking
		(a)	Actual Physical Invasion
		(b)	Deprivation of All Economically Beneficial Use
		(c)	Penn Central Balancing Test
		(d)	Improper Exactions
		(e)	The Quandary of Partial Takings
	(2)	Exhaustion and Ripeness
		(a)	Prerequisite: Failure of State Process
		(b)	Requirement for a Final Decision and Exhaustion of Administrative Remedies
		(c)	Requirement of Multiple Applications Until the Extent of Potential Use is Known
		(d)	No Requirement to Test the Value of the Remaining Property
§19.4	State Regulatory Takings
	(1)	Standards for a Taking Under Washington Law
		(a)	Deprivation of an Essential Incident of Ownership
		(b)	The Guimont Test
		(c)	The Requirements of Rough Proportionality
		(d)	Taking for Private Use
	(2)	Washington's Ripeness and Exhaustion Cases
		(a)	The Need to Seek a Variance
		(b)	The Need to Apply for a Lower Impact Development
		(c)	Futility as an Excuse for Failure to Exhaust Further Remedies

---

Richard E. Mitchell is a partner in the law firm of Miller Nash Graham & Dunn LLP. He received his law degree from Syracuse University in 1995. He served as general counsel to Governor Christine Gregoire during her first term. Mr. Mitchell is the public port's practice team co-lead...