Could This Bill Crush The Resale Value of Some Washington Homes?

Maybe the third try will be the charm for a bill that has stalled in the State Legislature.  Rep. Jim Walsh (R Aberdeen) is once again prefiling a bill to give homeowners another option regarding what they can do on their property.  The catch is, it could very well harm the resale value of your home.

We went down a few roads when this bill was first introduced two years ago.  The last two sessions saw the long serving 19th District lawmaker push to open up private property for a very personal reason.  It has been met with opposition primarily from the State Department of Archaeology and Historic Preservation (DAHP).  It has received support from some in the tribal communities.

What Could Be So Controversial?

Walsh would like homeowners to have the ability to create family burial plots on their property.  Sounds innocent enough right?  You get the ability to inter your loved ones on family property.  Walsh has noted tribal support, and the importance of family burial plots in their culture, as a reason the bill should be passed.  There are a few issues in House Bill 1065 that aren't addressed though.

Get our free mobile app

The Actual Disposal of The Body

The bill addresses where the plot can be, taxation surrounding it, what you can and can't do with the plot, and the steps that need to be taken to record each person buried.  One thing it doesn't address are the ways the body should/could be interred.

It doesn't mandate a coffin needs to be placed in vault.  It doesn't deal with how ashes can or can't be spread.  It doesn't prohibit you from stuffing your loved one in a hefty bag and dropping them in a three foot hole, or any other means for that matter.

The Bill Also Doesn't Force The Property Owner To Do This

No where in the bill is the property owner forced to take the remains of their loved ones with them upon sale of the property.  It forces the property owner to disclose the existence of the plot, but it doesn't force them to relocate the plot to their new residence (if it's even possible).  The new bill also removes DAHP from having any regulation over the family plots.

What About The Resale Value of Said Home With A Burial Plot

I talked to a friend who is a realtor and talked about this bill coming back up again.  I was told that as a group, the realtors didn't pay much attention to it.  When I mentioned the bill passed the house unanimously in 2024 and stalled in the Senate, I got an eyebrow raise.

It was then explained to me how hard it would be to sell the property if the bill passes.  It could be nearly impossible.  When selling a property gets to that degree, the only way to offload it is to drastically reduce the price.  Even then someone may not be willing to assume ownership of a property that comes with dead strangers in the backyard.

Here's a scenario that could easily play out...the land is owned by a family for multiple generations, all of whom are buried on the property.  How exactly do you convince someone to buy that property?  How would someone begin to move all those remains if that is only way you can sell the property?

The Ultimate Caveat Is This...

No one will be forced to do this, but it will give everyone the option to do it.  With rent control coming down the pike (along with other bills that will continue to assault your wallet), is this the time to run a bill that can create more complications in an already challenging housing market?