(The Center Square) – Washington state Sen. Curtis King, R-Yakima, on Wednesday morning filed a lawsuit in Thurston County Superior Court challenging the constitutionality of House Bill 1774.
The Citizen Action Defense Fund is representing King in the case.
In effect as of July 27, HB 1774 authorizes the Washington State Department of Transportation to lease certain unused state highway lands to governmental entities and nonprofit organizations for community benefit purposes, such as housing, parks, public spaces and economic development projects. The law establishes a framework for these leases, allowing them to be made at below-fair market value if the community benefit is in the overall public interest. The law requires reports to the Legislature on these agreements.
“Washington taxpayers pay billions each year in gas taxes and vehicle fees with the expectation that these dollars will be used exclusively for building and maintaining our state’s highways,” King said in a CADF news release. “I filed this suit to protect taxpayers and ensure that highway dollars stay where they belong – on our roads.”
HB 1774 supporters argue the law will help address critical community needs by allowing the state to use idle public land for beneficial purposes.
In a demand letter to Attorney General Nick Brown, the CADF points to what it claims are violations of the Washington State Constitution under HB 1774.
CADF says offering leases below market value, with consideration consisting of intangible “community benefits,” amounts to an unconstitutional gift of taxpayer-owned property to entities.
CADF also contends that using highway-designated land for unrelated purposes violates the Highway Purposes Clause of the state constitution, which requires these lands to be used exclusively for highway purposes.
“Washington state has some of the worst roads in the nation,” Jackson Maynard, CADF executive director and lead counsel for the lawsuit, emailed The Center Square. “Instead of filling potholes and building for more capacity, the state seems to be focused on handing state transportation resources to nonprofits – who already receive billions of dollars per year – many of whom have nothing to show for it. This case would stop that.”
The lawsuit seeks a declaratory judgment and an injunction to prevent WSDOT from diverting highway funds and property to non-highway purposes.
