BILL REQ. #:  H-3547.2 

Prefiled 1/9/2004. Read first time 01/12/2004.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to ensuring that landlocked property owners may obtain a private way of necessity across state lands; amending RCW 8.24.010; and adding a new section to chapter 8.24 RCW.

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

Sec. 1   RCW 8.24.010 and 1913 c 133 s 1 are each amended to read as follows:
     (1) An owner, or one entitled to the beneficial use, of land which is so situate with respect to the land of another that it is necessary for its proper use and enjoyment to have and maintain a private way of necessity or to construct and maintain any drain, flume or ditch, on, across, over or through the land of such other, for agricultural, domestic or sanitary purposes, may condemn and take lands of such other sufficient in area for the construction and maintenance of such private way of necessity, or for the construction and maintenance of such drain, flume or ditch, as the case may be.
     (2) The term "private way of necessity," as used in this chapter, shall mean and include a right of way on, across, over or through the land of another for means of ingress and egress, and the construction and maintenance thereon of roads, logging roads, flumes, canals, ditches, tunnels, tramways and other structures upon, over and through which timber, stone, minerals or other valuable materials and products may be transported and carried.
     (3) The term "land," as used in this chapter, includes state-owned land that is administered, managed, or operated by the department of natural resources, department of fish and wildlife, or state parks and recreation commission.

NEW SECTION.  Sec. 2   A new section is added to chapter 8.24 RCW to read as follows:
     (1) An owner, or one entitled to the beneficial use, of land who has condemned state-owned land as defined in RCW 79.02.010 according to the requirements of this chapter may bring an action for acts that wrongfully preclude or interfere with the use of the private way of necessity obtained according to this chapter. The action authorized by this section may be brought against the department of natural resources, department of fish and wildlife, state parks and recreation commission, or any employee, official, or agent of these state agencies acting in his or her official capacity or within the scope of his or her duties.
     (2) An owner, or one entitled to the beneficial use, of land who prevails in an action authorized by this section shall be awarded reasonable attorneys' fees and costs.