HOUSE BILL REPORT

SB 5415

BYSenators Peterson, Patterson, Hansen and Garrett; by request of Department of Transportation

Modifying provisions relating to rights of way.

House Committe on Transportation

Majority Report:  Do pass.  (21)

      Signed by Representatives Walk, Chair; Betrozoff, Cantwell, Cooper, Dellwo, Doty, Fisch, Fisher, Gallagher, Hankins, Haugen, Heavey, Kremen, Schmidt, C. Smith, D. Sommers, Spanel, Todd, Vekich, J. Williams and S. Wilson.

House Staff:Louise Bray (786-7322)

AS PASSED HOUSE APRIL 1, 19877

BACKGROUND:

Prior to 1977, the title to all lands purchased by a city, town or the state for non-limited access highways within cities and towns was vested immediately in the city or town.  In 1977 the law was changed to provide that title to lands purchased by the state remained in the state until used for construction or other street purposes.  This change caused confusion regarding legal rights and responsibilities and increased tort liability exposure for the state.

SUMMARY:

Title to rights of way acquired by either the city, town or state vests in the city or town.  Use of such rights of way for any non-transportation purpose is subject to prior written approval by the Department of Transportation.  All revenue derived from any non-transportation use of rights of way is shared by the city or town and the state in the same proportion as the purchase costs were shared.

Fiscal Note:      No Impact.

House Committee ‑ Testified For:    Robert Barnard, Department of Transportation.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    This return to prior law will eliminate confusion as to the vesting of title to right-of-way property acquired by the state for non-limited access highways contained within the boundaries of cities or towns.

House Committee - Testimony Against:      None Presented.