Property Rights

Kinderace v. City of Sammamish

Washington courts aggregate parcels to deprive property owners of compensation for regulatory takings

By means of a boundary line adjustment, Kinderace created a new 32,850 square foot parcel of which all but 83 square feet had been designated by the City of Sammamish as environmentally critical areas and buffers. The City denied Kinderace’s request for a reasonable use exception that would have allowed it to proceed with a proposed development project on the new parcel. Kinderace sued the City for a regulatory taking because the denial deprived it of all economically viable use of the parcel. The Washington courts rejected Kinderace’s claim, finding that it had received reasonable beneficial use of the property as part of a joint development with an adjoining parcel. PLF represented Kinderace in his petitions to higher courts to review the case.

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