S-4016               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5147

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senate Committee on Transportation (originally sponsored by Senators Hansen, Rasmussen, Bauer, Barr, Patterson, Johnson and Pullen)

Read first time 1/22/88.

AN ACT Relating to public utility and transportation corridors; and amending RCW 64.04.180 and 64.04.190.

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

        Sec. 1.  Section 22, chapter 143, Laws of 1984 and RCW 64.04.180 are each amended to read as follows:

          Railroad properties, including but not limited to rights-of-way, land held in fee and used for railroad operations, bridges, tunnels, and other facilities, are declared to be suitable for public use upon cessation of railroad operations on the properties.  It is in the public interest of the state of Washington that such properties retain their character as public utility and transportation corridors, and that they may be made available for public uses including highways, other forms of mass transportation, conservation, energy production or transmission, or recreation.  Nothing in this section or in RCW 64.04.190 authorizes a public agency or utility to acquire reversionary interests in public utility and transportation corridors without payment of just compensation.

        Sec. 2.  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))) (1) on which railroad operations have ceased; (((b))) (2) that have been found suitable for public use by an order of the Interstate Commerce Commission of the United States; and (((c))) (3) 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.))