BILL REQ. #:  H-0399.1 

Read first time 01/14/09.   Referred to Committee on Judiciary.

     AN ACT Relating to procedures for resolving boundary disputes; and amending RCW 58.04.020.

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

Sec. 1   RCW 58.04.020 and 1996 c 160 s 8 are each amended to read as follows:
     (1) Whenever the boundaries of lands between two or more adjoining proprietors have been lost, or by time, accident or any other cause, have become obscure, or uncertain, and the adjoining proprietors cannot agree to establish the same, one or more of the adjoining proprietors may bring a civil action in equity, in the superior court, for the county in which such lands, or part of them are situated, and that superior court, as a court of equity, may upon the complaint, order such lost or uncertain boundaries to be erected and established and properly marked.
     (2) The superior court may order the parties to utilize mediation before the civil action is allowed to proceed.
     (3) In an action brought under this section, the superior court may grant injunctive relief or other temporary restraining orders to prevent the removal of, or damages to, property located on the portion of land that is in dispute. The court may grant such relief whether or not the parties are required to utilize mediation before the civil action is allowed to proceed. The court may also grant such relief without the requesting party being required to post bond if the court finds there exists a likelihood that the requesting party will prevail on the merits of the action brought under this section. The court shall require a party who violates the order for injunctive relief or temporary restraining order to pay damages to the injured party. Nothing in this subsection impairs, modifies, or supplants any other remedy available at law or equity.