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PDFWAC 365-196-725

Constitutional provisions.

(1) Comprehensive plans and development regulations adopted under the act are subject to the supremacy principle of Article VI, United States Constitution and of Article XI, Section 11, Washington state Constitution.
(2) Counties and cities planning under the act are required to use a process established by the state attorney general to assure that proposed regulatory or administrative actions do not unconstitutionally infringe upon private property rights. As set forth in RCW 36.70A.370, the state attorney general has developed a publication entitled "Advisory Memorandum: Avoiding Unconstitutional Takings of Private Property," which is updated frequently to maintain consistency with changes in case law. Counties and cities should contact the department or state attorney general for the latest edition of this advisory memorandum.
[Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, ยง 365-196-725, filed 1/19/10, effective 2/19/10.]
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