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                                                   SENATE BILL NO. 3830

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                                                                            C 254 L 85

 

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Senators Garrett, Saling and Williams

 

 

Read first time 2/7/85 and referred to Committee on Governmental Operations.

 

 


AN ACT Relating to street vacations; and amending RCW 35.79.030.

 

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

 

        Sec. 1.  Section 4, chapter 28, Laws of 1969 and RCW 35.79.030 are each amended to read as follows:

          The hearing on such petition may be held before the legislative authority, or before a committee thereof upon the date fixed by resolution or at the time said hearing may be adjourned to.  If the hearing is before such a committee the same shall, following the hearing, report its recommendation on the petition to the legislative authority which may adopt or reject the recommendation.  If such hearing be held before such a committee it shall not be necessary to hold a hearing on the petition before such legislative authority.  If the legislative authority determines to grant said petition or any part thereof, such city or town shall be authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one-half the appraised value of the area so vacated, except in the event the subject property or portions thereof were acquired at public expense, compensation may be required in an amount equal to the full appraised value of the vacation:  PROVIDED, That such ordinance may provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services:  PROVIDED FURTHER, That no city or town shall be authorized or have authority to vacate such street, or alley, or any parts thereof if any portion thereof abuts on a body of salt or fresh water unless such vacation be sought to enable the city, town, port district or state to acquire the property for port purposes, boat moorage or launching sites, park, viewpoint, recreational, or educational purposes, or other public uses.  This proviso shall not apply to industrial zoned property.  A certified copy of such ordinance shall be recorded by the clerk of the legislative authority and in the office of the auditor of the county in which the vacated land is located.


                                                                                                                          Passed the Senate March 16, 1985.

 

                                                                                                                                       President of the Senate.

 

                                                                                                                           Passed the House April 18, 1985.

 

                                                                                                                                         Speaker of the House.