BILL REQ. #:  H-4725.1 

READ FIRST TIME 02/06/04.   

     AN ACT Relating to allowing property owners to acquire access to landlocked parcels across public lands; amending RCW 79.36.355; and adding a new section to chapter 77.12 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 77.12 RCW to read as follows:
     (1) The department may grant to any person such easements and rights in state-owned lands administered by the department as the person may acquire in privately owned lands through proceedings in eminent domain. No grant shall be made under this section until such time as the full market value of the estate or interest granted together with damages to all remaining property of the state of Washington has been ascertained and safely secured to the state.
     (2) The department shall grant such easements and rights in state-owned lands administered by the department consistent with subsection (1) of this section when:
     (a) A person's property is landlocked by state lands;
     (b) There has been historical usage of the state lands to access the person's property; and
     (c) Easements or other rights in state lands are needed to access the person's property.
     (3) Easements and rights granted according to this section shall be such as is necessary to provide for historical use and shall be granted along routes selected by the department to minimize impacts to state resources. Any road constructed pursuant to this section shall be constructed in compliance with road construction and maintenance rules adopted by the forest practices board according to chapter 76.09 RCW.

Sec. 2   RCW 79.36.355 and 2003 c 334 s 396 are each amended to read as follows:
     (1) The department may grant to any person such easements and rights in state lands or state forest lands as the ((applicant applying therefor)) person may acquire in privately owned lands through proceedings in eminent domain. No grant shall be made under this section until such time as the full market value of the estate or interest granted together with damages to all remaining property of the state of Washington has been ascertained and safely secured to the state.
     (2) The department shall grant such easements and rights in state lands or state forest lands consistent with the requirements of subsection (1) of this section when:
     (a) A person's property is landlocked by state lands or state forest lands;
     (b) There has been historical usage of the state lands or state forest lands to access the person's property; and
     (c) Easements or other rights in state lands or state forest lands are needed to access the person's property.