Section 2

Citation: Section 2
Parent Document: Rental Housing Assoc., App/x-resps V. City Of Seattle, Resp/x-app (2022)
Jurisdiction: Washington (state)
Effective Date: 2022-06-21
Original Source: https://www.courtlistener.com/opinion/10798180/rental-housing-assoc-appx-resp... ↗

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12 In Manufactured Housing Communities of Washington v. State, 142 Wn.2d 347, 361, 13 P.3d
          183 (2000), abrogated by Chong Yim v. City of Seattle, 194 Wn.2d 651, 451 P.3d 675 (2019), the
          Supreme Court held that the Washington State Constitution is more protective than the federal
          constitution on the basis “that ‘private use’ under amended article I, section 16 is defined more
          literally than under the Fifth Amendment, and that Washington's interpretation of ‘public use’ has
          been more restrictive.” In Yim, the Supreme Court held that it would nevertheless follow federal
          case law for evaluating whether a law constitutes a regulatory taking. 194 Wn.2d at 667. Now that
          the U.S. Supreme Court appears to apply the same test for both per se physical and regulatory
          takings, we assume our Supreme Court will continue to apply the federal test. We do so here.

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