Sen. King calls on WA AG to invalidate law letting state lease unused highway lands

(The Center Square) – State Sen. Curtis King, R-Yakima, is not a fan of recently enacted Substitute House Bill 1774.

The law, which went into effect on July 27, allows the Washington State Department of Transportation to lease unused highway land to public agencies, nonprofits and tribes for “community purposes” such as affordable housing, shelters, parks and salmon habitat restoration.

“The Legislature cannot repurpose highway lands that were paid for by taxpayers and, in many cases, supported with federal dollars, just to hand them over for unrelated uses like housing or parks,” King said in a Citizen Action Defense Fund news release announcing a demand letter he sent formally requesting state Attorney General Nick Brown investigate and take legal action to invalidate SHB 1774. “This is a misuse of public funds and a violation of the Constitution.”

According to the CADF, which is representing King in this matter, SHB 1774 could violate the Washington State Takings Clause and the federal Property Clause because the leases might constitute an unauthorized taking of public property for private use without fair market value, contravene the Washington Constitution's requirement for exclusive highway use of highway lands, and ignore federal requirements for obtaining approval and charging fair market value for federally-assisted highway lands.

Rep. Jake Fey, D-Tacoma, is the prime sponsor of SHB 1774.

He said the law will unlock state-owned surplus highway land for community use.

“Too much valuable land sits idle while our communities face urgent needs,” he said in May at a ceremony where Gov. Bob Ferguson signed SHB 1774 into law. “This law gives us the tools to use public property for public good – from creating housing to revitalizing neglected public spaces.”

The Center Square contacted the Attorney General’s Office and WSDOT for comment on the demand letter.

“Our role is generally to defend laws passed by the Legislature, not seek to invalidate them,” AGO Communications Director Nina Jenkins emailed The Center Square. “We see no basis to deviate from that normal role here.”

Acting WSDOT Communications Director Stefanie Randolph also responded.

“We’re aware of the letter,” she said in an email. “I recommend you contact the Attorney General’s office and Sen. King.”

Jackson Maynard, CADF executive director and counsel, said King is trying to protect taxpayers.

“This law invites costly litigation, undermines constitutional protections for taxpayers, and risks Washington’s compliance with federal highway funding rules,” Maynard said in CADF’s news release. “We are calling on the attorney general to step in immediately before taxpayers are left holding the bag.”