FINAL BILL REPORT

SB 5013

                                  C 228 L 87

BYSenators Garrett, Zimmerman and Halsan

Permitting counties and cities to vacate public roads and streets abutting water under certain circumstances.

Senate Committee on Governmental Operations

House Committe on Local Government

SYNOPSIS AS ENACTED

BACKGROUND:

Cities and towns have the authority to surrender the public right of way in streets and alleys.  This procedure is called a "vacation."  Following a street or alley vacation, the property reverts to the private use of the abutting landowners.  When, however, a street or alley abuts a body of water, cities and towns may vacate the right of way only to acquire the property for the use of the public.  The property must then be used only for port purposes, boat moorage or launching sites, park, viewpoint, recreational or educational purposes, or other public uses.

This restriction against vacations does not apply to water-abutting rights of way in property zoned for industrial use.

It is suggested that cities and towns should be enabled to vacate rights of way abutting bodies of water that are not suitable for the public acquisition and use now required.

SUMMARY:

Cities and towns are authorized to vacate streets and alleys abutting bodies of water without acquiring the property for public use.  The city legislative authority must declare, by resolution, that the public right of way is not presently being used as a street or alley and is unsuitable for port purposes, beach or water access, boat moorage or launching sites, park, public view, recreational or educational purposes, or other public uses.  In addition to the existing authorization for the vacation of right of way to acquire the property for the use of the public, a city or town may vacate streets or alleys abutting water to implement a previously adopted plan to provide comparable or improved public access to the same shoreline.

Before adopting a resolution vacating a street or alley, the city or town must compile an inventory of all rights of way that abut the same body of water that is abutted by the street or alley sought to be vacated.  A study must be conducted to determine suitability for public acquisition and use.  Finally, a public hearing must be held.

A vacation is not effective until the fair market value has been paid for the street or alley that is vacated.  Moneys received by the city or town must be used only for acquiring additional beach or water access, public view sites, or boat moorage or launching sites.

VOTES ON FINAL PASSAGE:

      Senate    41     1

      House 57  41 (House amended)

      Senate    47     0 (Senate concurred)

EFFECTIVE:July 26, 1987