H-1350.2  _______________________________________________

                          HOUSE BILL 1572

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Reams, Romero, Wolfe, Sullivan and Blalock

Read first time 01/30/97.  Referred to Committee on Government Reform & Land Use.

Exempting certain lands from adverse possession claims.

    AN ACT Relating to quieting title; and amending RCW 7.28.090.

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

    Sec. 1.  RCW 7.28.090 and 1977 ex.s. c 80 s 7 are each amended to read as follows:

(1) RCW 7.28.070 and 7.28.080 shall not extend to lands or tenements owned by the United States or this state, nor to school lands, nor to lands held for any public purpose.  Nor shall they extend to lands or tenements when there shall be an adverse title to such lands or tenements, and the holder of such adverse title is a person under eighteen years of age, or incompetent within the meaning of RCW 11.88.010((:  PROVIDED,)).  However, such persons as aforesaid shall commence an action to recover such lands or tenements so possessed as aforesaid, within three years after the several disabilities herein enumerated shall cease to exist, and shall prosecute such action to judgment, or in case of vacant and unoccupied land shall, within the time last aforesaid, pay to the person or persons who have paid the same for his or her betterments, and the taxes, with interest on said taxes at the legal rate per annum that have been paid on said vacant and unimproved land.

(2) For the purposes of this section, the term "lands held for any public purpose" includes plat greenbelts and open space areas dedicated to a public agency or to a bona fide homeowner's association.

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