For the purposes of this chapter the following definitions apply:
"Agency"A department, agency, independent agency, or instrumentality of the United States or Washington State, including any military department, government corporation, government-controlled corporation, or other establishment in the executive branch of the United States or Washington State government.
"Just compensation"Compensation equal to the full extent of a property owner's loss, including the fair market value of the private property taken and business losses arising from a taking, whether the taking is by physical occupation or through regulation, exaction, or other means and shall include compounded interest calculated from the date of the taking until the date payment is tendered.
"Owner"The owner or possessor of property or rights in property at the time the taking occurs, including when the statute, regulation, rule, order, guideline, policy, or action is passed or promulgated or the permit, license, authorization, or governmental permission is denied or suspended.
"Private property" (or "property")All property protected under the Fifth Amendment to the Constitution of the United States and the Third and Sixteenth Section of the Declaration of Rights of the Washington State Constitution, any applicable federal or state law, or this chapter, and includes:
1. Real property, whether vested or unvested, including estates in fee, life estates, estates for years, or otherwise; inchoate interests in real property such as remainders and future interests; personality that is affixed to or appurtenant to real property; easements; leaseholds; recorded liens; and contracts or other security interests in, or related to, real property;
2. The right to use water or the right to receive water, including any recorded liens on such water right;
3. Rents, issues, and profits of land, including minerals, timber, fodder, crops, oil and gas, coal, or geothermal energy;
4. Property rights provided by, or memorialized in, a contract;
5. Any interest defined as property under state law; or
6. Any interest understood to be property based on custom, usage, common law, or mutually reinforcing understandings sufficiently well-grounded in law to back a claim of interest.
"Taking of private property" ("taking" or "take")Any action whereby private property is directly taken as to require compensation under the Fifth Amendment to the United States Constitution and the Third and Sixteenth Sections of the Declaration of Rights of the Washington State Constitution or under this chapter, including by physical invasion, regulation, exaction, condition, or other means and shall not include a condemnation action filed by the United States or Washington State in an applicable court or an action filed by the United States or Washington State relating to criminal forfeiture.
(Ord. 96-12 (part), 1996)