S-4855 _______________________________________________
SUBSTITUTE SENATE BILL NO. 6453
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State of Washington 50th Legislature 1988 Regular Session
By Senate Committee on Agriculture (originally sponsored by Senators Barr and Hansen)
Read first time 2/5/88.
AN ACT Relating to real property; and adding new sections to chapter 7.28 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 7.28 RCW to read as follows:
In addition to establishing the common law and statutory elements for acquisition of title by adverse possession or establishment of easements by prescription, the additional element of necessity as set forth in RCW 8.24.010 must be proven.
NEW SECTION. Sec. 2. A new section is added to chapter 7.28 RCW to read as follows:
The owner or person entitled to the beneficial use of land over which a prescriptive easement is established shall be compensated for the fair market value of that easement, and may institute a proceeding to recover the fair market value of that easement in the same manner as a claim for inverse condemnation brought pursuant to Article 1, section 16 of the Washington State Constitution.
This section shall apply to those prescriptive easements for which title has not been granted by a court of law or by deed or other executed instrument of conveyance, and to those actions for acquisition of title to a prescriptive easement which are pending on or commenced after the effective date of this act.
NEW SECTION. Sec. 3. A new section is added to chapter 7.28 RCW to read as follows:
Prevailing parties in litigation to establish or defend claims for easements by prescription or adverse possession shall be entitled to reimbursement of reasonable attorneys' fees and expert witness costs, to be paid by the nonprevailing parties.