S-1860.1  _______________________________________________


                         SENATE BILL 6136



State of Washington      57th Legislature     2001 Regular Session


By Senators Rossi and Benton


Read first time 02/28/2001.  Referred to Committee on Transportation.

Acquiring land by condemnation for the benefit of regional transit authorities.

    AN ACT Relating to acquiring land by condemnation for the benefit of regional transit authorities; and amending RCW 81.112.080.




    Sec. 1.  RCW 81.112.080 and 1992 c 101 s 8 are each amended to read as follows:

    An authority shall have the following powers in addition to the general powers granted by this chapter:

    (1) To carry out the planning processes set forth in RCW 81.104.100;

    (2) To acquire by purchase, condemnation, gift, or grant and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of high capacity transportation facilities and properties within authority boundaries including surface, underground, or overhead railways, tramways, busways, buses, bus sets, entrained and linked buses, ferries, or other means of local transportation except taxis, and including escalators, moving sidewalks, personal rapid transit systems or other people-moving systems, passenger terminal and parking facilities and properties, and such other facilities and properties as may be necessary for passenger, vehicular, and vessel access to and from such people-moving systems, terminal and parking facilities and properties, together with all lands, rights of way, property, equipment, and accessories necessary for such high capacity transportation systems.  When developing specifications for high capacity transportation system operating equipment, an authority shall take into account efforts to establish or sustain a domestic manufacturing capacity for such equipment.  The right of eminent domain shall be exercised by an authority in the same manner and by the same procedure as or may be provided by law for cities of the first class, except insofar as such laws may be inconsistent with the provisions of this chapter.  Public transportation facilities and properties which are owned by any city, county, county transportation authority, public transportation benefit area, or metropolitan municipal corporation may be acquired or used by an authority only with the consent of the agency owning such facilities.  Such agencies are hereby authorized to convey or lease such facilities to an authority or to contract for their joint use on such terms as may be fixed by agreement between the agency and the authority.

    The facilities and properties of an authority whose vehicles will operate primarily within the rights of way of public streets, roads, or highways, may be acquired, developed, and operated without the corridor and design hearings that are required by RCW 35.58.273 for mass transit facilities operating on a separate right of way;

    (3)(a) Subject to (b) of this subsection, to dispose of any real or personal property acquired in connection with any authority function and that is no longer required for the purposes of the authority, in the same manner as provided for cities of the first class.  When an authority determines that a facility or any part thereof that has been acquired from any public agency without compensation is no longer required for authority purposes, but is required by the agency from which it was acquired, the authority shall by resolution transfer it to such agency;

    (b) If an authority sells land that was acquired through condemnation, then it shall remit to the owner or owners from whom it obtained that land the difference between the amount paid for the land when acquired through condemnation and the amount received for the land by the sale of the land;

    (4) To fix rates, tolls, fares, and charges for the use of such facilities and to establish various routes and classes of service.  Fares or charges may be adjusted or eliminated for any distinguishable class of users.


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