H-1668              _______________________________________________

                                                    HOUSE BILL NO. 791

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Holland, Patrick, Betrozoff, J. Williams, Long and Van Luven

Read first time 2/8/85 and referred to Committee on Transportation.

AN ACT Relating to railroad rights of way; and amending RCW 64.04.190.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 23, chapter 143, Laws of 1984 and RCW 64.04.190 are each amended to read as follows:

          (1) Public utility and transportation corridors are railroad properties (a) on which railroad operations have ceased; (b) that have been found suitable for public use by an order of the Interstate Commerce Commission of the United States; and (c) that have been acquired by purchase, lease, donation, exchange, or other agreement by the state, one of its political subdivisions, or a public utility.

          (2) A public utility and transportation corridor retains its public use character as long as it is owned by a public agency or utility.  A public utility and transportation corridor is not subject to reversion, taking by adverse possession, or any similar property interests ripening on the cessation of railroad operations.

(3) Nothing in this title may be construed to affect any existing property rights that are held by any person or party in any railroad property or right of way.