H-3903.2 _______________________________________________
HOUSE BILL 2584
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Representatives Mielke, Pennington, Ogden, Boldt, Koster, Carlson, Sump, DeBolt, B. Thomas, Hatfield, Doumit, Carrell, Mulliken, Zellinsky, Alexander, Clements, Benson, Reams and Dunn
Read first time 01/15/98. Referred to Committee on Law & Justice.
AN ACT Relating to adverse possession; amending RCW 7.28.010 and 4.16.020; adding a new section to chapter 4.16 RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 7.28.010 and 1911 c 83 s 1 are each amended to read as follows:
Any person having a valid subsisting interest in real property, and
a right to the possession thereof, may recover the same by action in the
superior court of the proper county, to be brought against the tenant in
possession; if there is no such tenant, then against the person claiming the
title or some interest therein, and may have judgment in such action quieting
or removing a cloud from plaintiff's title; an action to quiet title may be
brought by the known heirs of any deceased person, or of any person presumed in
law to be deceased, or by the successors in interest of such known heirs
against the unknown heirs of such deceased person or against such person
presumed to be deceased and his or her unknown heirs, and if it shall be
made to appear in such action that the plaintiffs are heirs of the deceased
person, or the person presumed in law to be deceased, or the successors in
interest of such heirs, and have been in possession of the real property
involved in such action for ((ten)) twenty years preceding the
time of the commencement of such action, and that during said time no person
other than the plaintiff in the action or his or her grantors has
claimed or asserted any right or title or interest in said property, the court
may adjudge and decree the plaintiff or plaintiffs in such action to be the
owners of such real property, free from all claims of any unknown heirs of such
deceased person, or person presumed in law to be deceased; and an action to
quiet title may be maintained by any person in the actual possession of real
property against the unknown heirs of a person known to be dead, or against any
person where it is not known whether such person is dead or not, and against
the unknown heirs of such person, and if it shall thereafter transpire that such
person was at the time of commencing such action dead the judgment or decree in
such action shall be as binding and conclusive on the heirs of such person as
though they had been known and named; and in all actions, under this section,
to quiet or remove a cloud from the title to real property, if the defendant be
absent or a nonresident of this state, or cannot, after due diligence, be found
within the state, or conceals himself or herself to avoid the service of
summons, service may be made upon such defendant by publication of summons as
provided by law; and the court may appoint a trustee for such absent or
nonresident defendant, to make or cancel any deed or conveyance of whatsoever
nature, or do any other act to carry into effect the judgment or the decree of
the court.
Sec. 2. RCW 4.16.020 and 1994 c 189 s 2 are each amended to read as follows:
The period prescribed for the commencement of actions shall be as follows:
(1)
Within ((ten)) twenty years:
(((1)))
For actions for the recovery of real property, or for the recovery of the
possession thereof; and no action shall be maintained for such recovery unless
it appears that the plaintiff, or his or her ancestor, predecessor,
or grantor if the interest passed to the plaintiff pursuant to a will or by
intestate succession, was seized or possessed of the premises in question
within ((ten)) twenty years before the commencement of the
action.
(2) Within ten years:
(a) For an action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or of any territory or possession of the United States outside the boundaries thereof, or of any extraterritorial court of the United States, unless the ten-year period is extended in accordance with RCW 6.17.020(3).
(((3)))
(b) Of the eighteenth birthday of the youngest child named in the order
for whom support is ordered for an action to collect past due child support
that has accrued under an order entered after July 23, 1989, by any of the
above-named courts or that has accrued under an administrative order as defined
in RCW 74.20A.020(6), which is issued after July 23, 1989.
NEW SECTION. Sec. 3. A new section is added to chapter 4.16 RCW to read as follows:
The prevailing party in any proceeding concerning adverse possession of real property must pay to the county auditor of the county in which the real property is located an amount equal to the property taxes paid by another party or owed with regard to the real property during the period of the adverse possession. The county auditor shall reimburse any party to the proceeding other than the prevailing party for any taxes actually paid with regard to the real property during the period of the adverse possession.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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