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SENATE BILL NO. 5013
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AS AMENDED BY THE HOUSE
C 228 L 87
State of Washington 50th Legislature 1987 Regular Session
By Senators Garrett, Zimmerman and Halsan
Prefiled with Secretary of the Senate 1/5/87. Read first time 1/12/87 and referred to Committee on Governmental Operations.
AN ACT Relating to street vacations; amending RCW 35.79.030; and adding a new section to chapter 35.79 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 4, chapter 28, Laws of 1969 as amended by section 1, chapter 254, Laws of 1985 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.
NEW SECTION. Sec. 2. A new section is added to chapter 35.79 RCW to read as follows:
(1) A city or town shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water unless:
(a) The vacation is sought to enable the city or town to acquire the property for port purposes, beach or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses;
(b) The city or town, by resolution of its legislative authority, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: Port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education; or
(c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated.
(2) Before adopting a resolution vacating a street or alley under subsection (1) (b) of this section, the city or town shall:
(a) Compile an inventory of all rights of way within the city or town that abut the same body of water that is abutted by the street or alley sought to be vacated;
(b) Conduct a study to determine if the street or alley to be vacated is suitable for use by the city or town for any of the following purposes: Port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education;
(c) Hold a public hearing on the proposed vacation in the manner required by this chapter, where in addition to the normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular official indicating his or her objection; and
(d) Make a finding that the street or alley sought to be vacated is not suitable for any of the purposes listed under (b) of this subsection, and that the vacation is in the public interest.
(3) No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated. Moneys received from the vacation may be used by the city or town only for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites.