FINAL BILL REPORT

SHB 1416

                                  C 129 L 88

BYHouse Committee on Agriculture & Rural Development (originally sponsored by Representatives McLean, Haugen, Rayburn, Ballard, Betrozoff, D. Sommers, Sanders, Nealey and Ferguson)

Revising provisions relating to private ways of necessity.

House Committe on Agriculture & Rural Development

Senate Committee on Agriculture

SYNOPSIS AS ENACTED

BACKGROUND:

The state's constitution prohibits private property from being taken for private use.  However, an exemption from this prohibition is provided for private ways of necessity. Generally, a landowner may petition the superior court for a private way of necessity over adjoining land if the private way is necessary for the landowner to have the "proper use and enjoyment" of his or her land.  Perhaps, the typical case involves a petitioner who owns property that is landlocked and who argues that a private way of necessity over adjoining land is necessary in order to obtain access to the property.

SUMMARY:

The statutes governing private ways of necessity are amended.  The owner of any land contiguous to the property for which a way of necessity is sought may be joined as a party in the condemnation proceeding for the way of necessity if the contiguous land might contain a site for the private way.  If it is determined that there are more than one possible route for the private way, the selection of the route is guided by the following order of priorities:  nonagricultural and nonsilvicultural land must be used, if possible; if agricultural land must be used, the least productive must be used; and the relative benefits and burdens of the various possible routes must be weighed.

The court may allow reasonable attorneys' fees and expert witness costs to reimburse a condemnee.

VOTES ON FINAL PASSAGE:

      House 97   0

      Senate    46     2(Senate amended)

      House 93   0(House concurred)

EFFECTIVE:June 9, 1988