BILL REQ. #: S-0227.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/14/11. Referred to Committee on Government Operations, Tribal Relations & Elections.
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:
(1) The hearing on such petition may be held before the legislative
authority, or before a committee thereof upon the date fixed by
resolution or at the time said 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
hearing be held before such a committee it shall not be necessary to
hold a hearing on the petition before such legislative authority. If
the legislative authority determines to grant said 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.
(2) As an alternative, the legislative authority may appoint a
hearing officer to conduct a public hearing to take testimony and
evidence relating to the proposed vacation. Following the hearing, the
hearing officer shall prepare a record of the proceedings and a
recommendation to the legislative authority concerning the proposed
vacation. Their decision shall be made at a regular or special public
meeting of the legislative authority.