H‑1156.1   _____________________________________________

HOUSE BILL 2192

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representative Wood

Read first time 02/23/2001.  Referred to Committee on Transportation.

_1      AN ACT Relating to street vacations; and amending RCW 35.79.010

_2  and 35.79.030.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      Sec. 1.  RCW 35.79.010 and 1965 c 7 s 35.79.010 are each amended to

_5  read as follows:

_6      The owners of an interest in any real estate abutting upon any

_7  street or alley who may desire to vacate the street or alley, or

_8  any part thereof, may petition the legislative authority to make

_9  vacation, giving a description of the property to be vacated, or

10  the legislative authority may itself initiate by resolution such

11  vacation procedure.  The petition or resolution shall be filed with

12  the city or town clerk, and, if the petition is signed by the

13  owners of more than two-thirds of the property abutting upon the

14  part of such street or alley sought to be vacated, the legislative

15  authority by resolution shall fix a time when the petition will be

16  heard and determined by such authority or a committee thereof, or

17  by an assigned hearing examiner, which time shall not be more than

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_1  sixty days nor less than twenty days after the date of the passage

_2  of such resolution.

_3      Sec. 2.  RCW 35.79.030 and 1987 c 228 s 1 are each amended to read

_4  as follows:

_5      The hearing on ((such)) the petition may be held before the

_6  legislative authority((,)) or ((before)) a committee thereof, or

_7  before an assigned hearing examiner, upon the date fixed by

_8  resolution or at the time ((said)) the hearing may be adjourned

_9  to.  If the hearing is before ((such)) a committee or an assigned

10  hearing examiner the same shall, following the hearing, report its

11  recommendation on the petition to the legislative authority, which

12  may adopt or reject the recommendation.  If ((such)) the hearing

13  ((be)) is held before ((such)) a committee or an assigned hearing

14  examiner, it ((shall)) is not ((be)) necessary ((to hold)) for a

15  hearing to be held on the petition before ((such)) the legislative

16  authority.  If the legislative authority determines to grant

17  ((said)) the petition or any part thereof, ((such)) the city or

18  town ((shall be authorized and have authority)) may by ordinance

19  ((to)) vacate such street, or alley, or any part thereof, and the

20  ordinance may provide that it ((shall)) does not become effective

21  until the owners of property abutting upon the street or alley, or

22  part thereof so vacated, ((shall)) compensate ((such)) the city or

23  town in an amount ((which does not exceed one-half the appraised

24  value of the area so vacated, except in the event the subject

25  property or portions thereof were acquired at public expense,

26  compensation may be required in an amount)) equal to the full

27  appraised value of the vacation:  PROVIDED, That such ordinance may

28  provide that the city retain an easement or the right to exercise

29  and grant easements in respect to the vacated land for the

30  construction, repair, and maintenance of public utilities and

31  services.  A certified copy of such ordinance shall be recorded by

32  the clerk of the legislative authority and in the office of the

33  auditor of the county in which the vacated land is located.

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