HOUSE BILL REPORT

SB 5013

As Amended by the House

BYSenators Garrett, Zimmerman and Halsan

Permitting counties and cities to vacate public roads and streets abutting water under certain circumstances.

House Committe on Local Government

Majority Report:  Do pass with amendments.  (12)

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Beck, Bumgarner, Ferguson, Hine, Madsen, Nealey, Nutley, Rayburn, L. Smith and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS PASSED HOUSE APRIL 14, 1987

BACKGROUND:

Cities and towns are authorized to vacate streets and alleys.  However, cities and towns may not vacate streets or alleys that abut bodies of water unless such vacation is to enable the public to acquire the property for port purposes, boat moorage or launching sites, park, viewpoint, recreational, or educational purposes, or other public uses, or unless the property is zoned for industrial uses.

SUMMARY:

In addition to the existing instances where streets and alleys may be vacated that abut bodies of water, cities and towns are authorized to vacate streets or alleys abutting bodies of water if the governing body:  (1) declares that such property is not presently being used as a street or alley; (2) compiles an inventory or rights of way within its boundaries that abut the body of water that is abutted by the street or alley sought to be vacated; (3) holds a public hearing on the proposal; and (4) makes a finding that the property is not suitable for port purposes, boat moorage or launching sites, or park, recreational, beach or water access, public view, or educational purposes, and that the vacation is in the public interest.  Notice of the public hearing must be posted on the property sought to be vacated.

Notwithstanding these restrictions, a city or town may vacate a street or alley abutting a body of water if the vacation implements a plan, adopted by ordinance or resolution, to provide comparable or improved access to the same shoreline area to which the street or alley sought to be vacated.

The fair market value of the property must be paid for the vacation.  Money received from such vacations may only be used for acquiring beach or water access, public view sites, or boat moorage or launching sites.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Senator Garrett, Prime Sponsor; and Dan Kellog, City of Renton.

House Committee - Testified Against:      Benella Caminiti, Washington Environmental Council.

House Committee - Testimony For:    Some vacations of streets abutting bodies of water are in the public interest, especially if the proceeds of a vacation are used to acquire additional access sites.  The City of Renton has two undeveloped streets that abut Lake Washington that are unequally situated so that the public can't use them.  The City of Renton has developed other good public access sites.  There are safeguards in the bill.

House Committee - Testimony Against:      Too many vacations of streets and roads that abut bodies of water have been made for the benefit of the adjacent property owners and the detriment of the general public.  Most of the access sites have already been lost.