Property Rights

Preserve Responsible Shoreline Management (PRSM) v. City of Bainbridge Island; Olympic Stewardship Foundation (OSF) v. Growth Management Hearings Board

Coastal property rights run aground in Washington State

Coastal counties in Washington State passed “critical areas” ordinances requiring all shoreline property owners to dedicate a “buffer” zone and a strip of their beach property to the public as a mandatory condition on any new development. The counties assert this purported power under the state’s Shoreline Management Act, in which Washington’s legislature explicitly rendered property rights “secondary” to the public’s interest in the environment. Citizens groups in Bainbridge Island and Jefferson County challenged these conditions as unconstitutional takings because the need for buffers were not supported by the scientific record and took more than necessary to mitigate any negative impacts cause by development of the property. PLF represents the Bainbridge Island property owners (PRSM) in the challenge, which was stayed pending resolution of the Jefferson County case (OSF), in which PLF participated as amicus.

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