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05CAUF51 TO pxFCO<O KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES <br /> 411 N.Ruby St.,Suite 2,Ellensburg,WA 98926 <br /> CDSGCO.KITTITAS.WA.US <br /> Office(509)962-7506 <br /> "Building Partnerships—Building Communities" <br /> Krrri7A.''L'OLI'rr5' <br /> Legal Review of Vested Rights, Takings Exposure, and Transition Issues if Repeal is <br /> Selected. <br /> Prepared in Partial Fulfillment of Task#1 <br /> of the <br /> Kittitas County TDR Moratorium Work Plan <br /> (Resolution 2026-133) <br /> Date: September 15 , 2026 <br /> Subject: Task 1 Legal Review—Vested Rights, Takings Exposure, and Transition Issues <br /> Transfer of Development Rights (TDR)Program <br /> Work Plan under Resolution 2026-133, Extending the Moratorium(Exhibit A) <br /> 1. Purpose and Background <br /> This memorandum documents the legal review item required under Task 1 of the Work Plan(Exhibit A <br /> to Resolution 2026-133, extending the moratorium on new TDR applications). Task 1 directs staff to <br /> complete, among other items, a"Legal review of vested rights,takings exposure, and transition issues if <br /> repeal is selected." <br /> The analysis below is based solely on the response provided by the Kittitas County Prosecuting <br /> Attorney's Office. <br /> 2. Scope of Review <br /> Consistent with the Work Plan, the review is limited to: <br /> • Vested rights associated with existing TDR certificates and subsequent receiving-site <br /> applications; <br /> • Takings exposure related to previously issued certificates; and <br /> • Transition issues if the TDR program is repealed. <br /> 3. Legal Department Analysis <br /> A.Vested Rights <br /> Legal review: <br /> • If someone acquired a valid TDR certificate in an earlier year(for example, 2015)but does not <br /> submit a receiving-site development application until a later year (for example, 2026), the <br /> certificate's original issuance date does not serve to vest the future receiving site to the <br /> regulations that were in effect when the certificate was issued. <br /> COMMUNITY PLANNING•BUILDING INSPECTION•PLAN REVIEW•ADMINISTRATION•PERMIT SERVICES•CODE ENFORCEMENT <br />