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HOUSE BILL 1750
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AS AMENDED BY THE SENATE
Passed Legislature - 2001 Regular Session
State of Washington 57th Legislature 2001
Regular Session
By
Read first time 02/05/2001. Referred to
Committee on Transportation.
Authorizing cities and
towns to require full compensation from abutting property owners for street
vacations.
AN ACT Relating to
street vacations; and amending RCW 35.79.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 35.79.030 and 1987 c
228 s 1 are each amended to read as follows:
The
hearing on such petition may be held before the legislative authority, or
before a committee thereof upon the date fixed by resolution or at the time
said hearing may be adjourned to. If the hearing is before such a committee
the same shall, following the hearing, report its recommendation on the
petition to the legislative authority which may adopt or reject the
recommendation. If such hearing be held before such a committee it shall not
be necessary to hold a hearing on the petition before such legislative
authority. If the legislative authority determines to grant said petition or
any part thereof, such city or town shall be authorized and have authority by
ordinance to vacate such street, or alley, or any part thereof, and the
ordinance may provide that it shall not become effective until the owners of
property abutting upon the street or alley, or part thereof so vacated, shall
compensate such city or town in an amount which does not exceed one-half the
appraised value of the area so vacated((, except in the event the subject
property or portions thereof were acquired at public expense, compensation may
be required in an amount equal to the full appraised value of the vacation:
PROVIDED, That such)). If the street or alley has been part of a dedicated
public right-of-way for twenty-five years or more, the city or town may require
the owners of the property abutting the street or alley to compensate the city
or town in an amount that does not exceed the full appraised value of the area
vacated. The ordinance may provide that the city retain an easement or the
right to exercise and grant easements in respect to the vacated land for the
construction, repair, and maintenance of public utilities and services. A
certified copy of such ordinance shall be recorded by the clerk of the
legislative authority and in the office of the auditor of the county in which
the vacated land is located. One-half of the revenue received by the city
or town as compensation for the area vacated, must be dedicated to the acquisition,
improvement, development, and related maintenance of public open space or
transportation capital projects within the city or town.
