WA State Senator Curtis King and the Citizen Action Defense Fund Demand Attorney General Invalidate Unconstitutional Law

FOR IMMEDIATE RELEASE

August 27, 2025

WA State Senator Curtis King and the Citizen Action Defense Fund Demand Attorney General Invalidate Unconstitutional Law

Olympia, Washington — August 27, 2025— Today, Washington State Senator Curtis King, represented by the Citizen Action Defense Fund (CADF), formally requested that Attorney General Nicholas Brown investigate and take legal action to invalidate Substitute House Bill 1774 (SHB 1774), a recently enacted law that authorizes the Washington State Department of Transportation (WSDOT) to lease unused highway lands for “community purposes.” In a demand letter sent to the Attorney General, CADF outlined how SHB 1774 violates both the Washington State Constitution and the U.S. Constitution.

“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,” said Senator King. “This is a misuse of public funds and a violation of the Constitution.”

The demand letter identifies several constitutional violations, including:

• Washington State Takings Clause and Federal Property Clause – The Act allows WSDOT to lease highway-designated lands for private purposes, such as public housing, that courts have repeatedly held do not qualify as a legitimate “public use.” Moreover, Federal law requires states to obtain federal approval and charge fair-market value when leasing highway lands purchased with federal assistance.
• Gift of Public Funds Clauses – The Act permits below-market or in-kind leases that amount to unconstitutional gifts of taxpayer-owned property to private entities.
• Highway Purposes Clause – The Washington Constitution requires that lands and funds designated for highways be used exclusively for highway purposes, not unrelated projects like parks or salmon restoration.

Jackson Maynard, Executive Director and Counsel for CADF, emphasized that the stakes extend beyond legal technicalities. “This law invites costly litigation, undermines constitutional protections for taxpayers, and risks Washington’s compliance with federal highway funding rules. We are calling on the Attorney General to step in immediately before taxpayers are left holding the bag.”