| Passed by the House March 7, 2011 Yeas 93 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 7, 2011 Yeas 47 ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 1223 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/17/11. Referred to Committee on Local Government.
AN ACT Relating to hearings for 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 2002 c 55 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, or before a hearing
examiner, upon the date fixed by resolution or at the time ((said)) the
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)) the hearing ((be)) is
held before ((such)) a committee it shall not be necessary to hold a
hearing on the petition before ((such)) the legislative authority. If
the hearing is before a hearing examiner, the hearing examiner shall,
following the hearing, report its recommendation on the petition to the
legislative authority, which may adopt or reject the recommendation:
PROVIDED, That the hearing examiner must include in its report to the
legislative authority an explanation of the facts and reasoning
underlying a recommendation to deny a petition. If a hearing is held
before a hearing examiner, it shall not be necessary to hold a hearing
on the petition before the legislative authority. If the legislative
authority determines to grant ((said)) the 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. If the
street or alley has been part of a dedicated public right-of-way for
twenty-five years or more, or if the subject property or portions
thereof were acquired at public expense, 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.