wa-law.org > bill > 2025-26 > SB 5142 > Original Bill
For purposes of this section, real estate is acquired under threat of condemnation when a school district purchases the real estate without a judgment having been entered in a condemnation action brought under this chapter and the school district sends the property owner a written notice indicating an intent to pursue a condemnation action to acquire the real estate.
At the time of an acquisition of real estate under threat of condemnation, or within a reasonable time after, a school district shall provide the previous property owner or owners a written statement identifying the use for which the property is being acquired.
Before real estate acquired in a condemnation action brought under this chapter, or acquired under threat of condemnation, may be sold, transferred, or put to a use other than as a site for a schoolhouse, or as additional grounds to an existing schoolhouse site, the school district shall send a written offer by certified mail to the previous owner or owners at their last known addresses, offering to sell the acquired real estate to the previous owner or owners in exchange for the amount paid by the school district to the clerk of the court as compensation for the real estate taken, or, in the case of property acquired under threat of condemnation, for the purchase price paid by the school district.
Once the school district puts acquired real estate to use as a site for a schoolhouse, or as additional grounds to an existing schoolhouse site, its obligations under subsection (3) of this section terminate, even if the acquired real estate is subsequently put to a use other than as a site for a schoolhouse or as additional grounds to an existing schoolhouse site.
A property owner may waive the rights to receive notice and to purchase back the acquired real estate by executing a written waiver.
This act may be known and cited as the Houston eminent domain fairness act.