SENATE BILL REPORT

                                    SB 6356

          AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES

                               FEBRUARY 6, 1992

Brief Description:  Creating a process to challenge a department of natural resources resurvey.

SPONSORS: Senators Metcalf, Bailey, Owen and Barr

SENATE COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES

Majority Report:  Do pass. 

      Signed by Senators Metcalf, Chairman; Oke, Vice Chairman; Amondson, Barr, Conner, Owen, Sellar, Snyder, and Sutherland.

Staff:  Vic Moon (786‑7469)

Hearing Dates: February 3, 1992

BACKGROUND:

The Department of Natural Resources has been conducting resurveys of lands adjacent to state trust lands to establish boundaries for those lands.  Other private property owners adjacent to those lands and in areas where resurveys have taken place are concerned about the effect of the resurveys on their property boundaries.

SUMMARY:

Landowners may challenge resurveys through arbitration or mediation with the Department of Natural Resources.  If the landowner's rights are found to have been negatively affected, the department will compensate the landowner for impaired rights and pay all reasonable court fees and costs.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested

TESTIMONY FOR:

The department needs to compensate landowners for taking property if a resurvey process results in a change of boundaries.

TESTIMONY AGAINST:

Legal recourse already exists and this bill in an invitation to take the Department of Natural Resources to court.

TESTIFIED:  PRO:  Lorne Wallitner; Gus Bremer, Nels Hanson, Wash. Farm Forestry Assn.; CON:  Terry Kirkpatrick, DNR