SENATE BILL REPORT

SB 5013

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

Senate Hearing Date(s):January 22, 1987

Majority Report:  Do pass.

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

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

                  April 15, 1987

AS PASSED SENATE, FEBRUARY 13, 1987

BACKGROUND:

Cities and counties have the authority to vacate (surrender the public right of way in) roads, streets and alleys.  The city or county may require abutting landowners to pay a proportion of the assessed value of the property in return for the vacation.  When, however, a right of way abuts a body of water, cities and counties may not vacate the right of way except to enable public acquisition of the property.  The property must then be used only for public purposes, including port purposes, boat moorage or launching sites, park, viewpoint, recreational or educational purposes.

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 counties 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 counties are enabled to vacate roads, streets and alleys abutting bodies of water without acquiring the property for public use.  The city or county legislative authority must declare, by resolution, that the public right of way is not presently being used as a road, street or alley and is unsuitable for port purposes, boat moorage or launching sites, or park, recreation or educational purposes.  Consideration of the right of way as a viewpoint is eliminated.

Before adopting a resolution vacating a public right of way, the city or county must compile an inventory of all rights of way that abut bodies of water.  A study must be conducted to determine suitability for public acquisition and use.  Finally, a public hearing must be held, with prior notice to property owners abutting the right of way sought to be vacated.

Payment from the abutting property owners is required, and may not exceed the current value of the property.  Moneys received by the city or county must be used only for boat moorage or launching sites or park, recreation, or educational purposes.

Fiscal Note:      none requested

Senate Committee - Testified: Gary Lowe, Washington State Association of Counties; Ernest Geissler, County Road Administration Board

HOUSE AMENDMENTS:

The provision pertaining to the vacation of county roads abutting bodies of water is deleted.  The public purposes for which city streets or alleys may be vacated is expanded to include acquisition for beach or water access and public viewpoints.  The street or alley's suitability for these purposes must also be taken into account by the city or town when a vacation for private purposes is considered.  Vacations of streets or alleys abutting water may be made to implement a previously adopted city or town plan to provide comparable or improved public access to the same shoreline.  The required inventory of rights of way is limited to those abutting the same body of water as the street or alley sought to be vacated.  Notice of the public hearing must be posted on the street or alley sought to be vacated, in addition to being published.  The city or town must specifically find that a vacation for private purposes in the public interest.  A vacation is not effective until the fair market value (rather than the current value of the property) is paid.  Monies received by the city or town may also be used for acquiring additional beach or water access or public view sites; permitted use of the money for park, recreation or educational purposes is deleted.