SENATE BILL REPORT

ESHB 118

BYHouse Committee on Local Government (originally sponsored by Representatives Nutley, Allen, Haugen, May, Ferguson, Bristow, Rayburn, Brough, Unsoeld and Hine)

Providing procedures for vacation and alteration of plats.

House Committe on Local Government

Senate Committee on Governmental Operations

Senate Hearing Date(s):March 25, 1987; April 1, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Halsan, Chairman; Garrett Vice Chairman; DeJarnatt, McCaslin, Zimmerman.

Senate Staff:Sam Thompson (786-7754); Eugene Green (786-7405)

                  April 2, 1987

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, APRIL 1, 1987

BACKGROUND:

Subdivisions of land for sale, lease or transfer are indicated on plats (maps) that set forth lots, streets and any property that may have been dedicated for common or public use.  Most of the procedures for the vacation or alteration of subdivisions were enacted in 1881 and 1903 and contain archaic terms and ambiguous language.

SUMMARY:

The existing laws concerning the vacation and alteration of subdivisions are repealed and replaced with new provisions.

The process for vacating a subdivision or short subdivision is as follows:  (1) an application requesting the vacation and the reasons for it is filed with the county, city or town; the application must be signed by all parties having an ownership interest in the land; (2) the legislative authority of the county, city or town holds a public hearing on the proposal; and (3) the legislative authority determines the public use and interest in the proposal, and may grant or deny the vacation.  Title to the vacated property vests with the rightful owners as shown on the county records.  If a public area is vacated, and the public ownership is not retained, title to the vacated area vests with the owners of the property on each side of it.  Whenever a proposed vacation specifically concerns a street or road, the existing procedures for the vacation of a road or street apply.

The process for altering a subdivision or short subdivision is as follows:  (1) an application requesting the alteration is filed with the county, city or town; the application must be signed by a majority of the owners of the property affected; (2) the legislative authority holds a public hearing on the proposal; and (3) the legislative authority determines the public use and interest in the proposal and may approve or deny the application.  The petitioner must prepare and file a revised final plat or short plat if the alteration is approved.  If the area within the alteration is located in an assessment district, the outstanding assessments are equitably divided among the remaining lots.  If the area contains a dedication to the general use of residents, the dedicated land may be divided among the adjacent properties.

Counties, cities, and towns must adopt ordinances providing for the vacation of short subdivisions.

SUMMARY OF PROPOSED SENATE AMENDMENT:

A public hearing is not required when an application for the alteration of a subdivision is filed with the legislative authority of a county, city or town.  A hearing may, however, be requested by a person receiving notice of the proposed alteration.  Any hearing required by the act may be administered by a hearings examiner.

Fiscal Note:      none requested

Senate Committee - Testified: Representative Busse Nutley; Jim Williams, Washington State Association of Counties