Conklin Development v. City of Spokane Valley

MEMORANDUM

Robert Heitman (“Heitman”), a professional real estate developer and manager of land development company Conklin Development, owned a 5.4 acre tract of land in the City of Spokane Valley in Washington State. On September 5, 2007, Heit-man submitted an application requesting that the City of Spokane Valley segregate his property to effectuate the sale of 2.3 acres to the Spokane Valley Library District (“Library”). The City approved Heit-man’s request, but required the recording of a title notice memorializing the fact that at some unspecified date the City intended to acquire a strip comprising 10,400 square feet on the south-side of Heitman’s property and bounding a roadway that the City planned to expand in the future. The land referenced in the title notice is referred to as the “Future Acquisition Area” (“FAA”).

Heitman appealed the City’s conditional approval of the land segregation and imposition of the FAA title notice to the City’s land-use hearing examiner, who affirmed the basis by which the City approved the land division and title notice recording requirement, but required an amendment to the title notice indicating that the City must pay fair value for…