SENATE BILL REPORT

SB 5985

BYSenators Kreidler and Bluechel

Providing for a study for the reuse of abandoned railroad rights of way.

Senate Committee on Parks & Ecology

Senate Hearing Date(s):March 3, 1987; March 4, 1987

Majority Report:  That Substitute Senate Bill No. 5985 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Kreidler, Chairman; Bluechel, Kiskaddon.

Senate Staff:Gary Wilburn (786-7453)

                  March 4, 1987

AS REPORTED BY COMMITTEE ON PARKS & ECOLOGY, MARCH 4, 1987

BACKGROUND:

RCW 64.04.180 provides that it is in the public interest to retain railroad rights of way properties as public use corridors for public utility, transportation and other purposes.  RCW 64.04.190 provides that such transportation corridors retain their public use character upon the cessation of railroad operations so long as the corridor is owned by a public agency or utility.  The Washington Supreme Court in Lawson v. State of Washington, No. 51953-6 (December 24, 1986), held that RCW 64.04.190 is unconstitutional insofar as it authorizes a taking without just compensation of existing reversionary interests in railroad rights of way easements upon abandonment by the railroad. 

SUMMARY:

The Legislature finds that the public reuse of abandoned railroad rights of way is in the public interest and that compensation should be provided for all valid and existing property interests in such rights of way acquired for public reuse.  The Parks and Recreation Commission is directed to submit a report to the Legislature by December 31, 1987.  The Commission is to receive the assistance of an advisory group consisting of the Department of Transportation, Interagency Committee for Outdoor Recreation, representatives of adjacent landowners, local governments, recreation groups, and legislative staff.  The report is to include a description of existing projects, an assessment of statewide needs, identification of funding sources, and recommendations for legislative action.

EFFECT OF PROPOSED SUBSTITUTE:

Legislative findings regarding public reuse of railroad rights of way are modified.  The Parks and Recreation Commission is allowed to use assessment reviews provided for city, town and county comprehensive transportation planning.  A minority report to the Legislature is provided if desired by a participant.  There is an appropriation to the Parks and Recreation Commission of $20,000.

Fiscal Note:      requested

Senate Committee - Testified: Mike Reed, State Parks; Vicki Beres, Lake Sammamish Property Owners Association; Mike McCormick, Department of Community Development; Ron Main, King County; Todd Litman, Bicycle Federation of Washington; Dick Welsh, self; Ralph Makie, Snohomish County Council; Ken Wilcox, Back Country Horsemen