SENATE BILL REPORT

SB 6637

BYSenators Pullen, Niemi and Nelson

Providing attorneys' fees for prevailing parties in adverse possession actions.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 4, 1988; February 5, 1988

Majority Report:  That Substitute Senate Bill No. 6637 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Madsen, Newhouse, Niemi, Talmadge.

Senate Staff:Ben Barnes (786-7465)

                  February 9, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 5, 1988

BACKGROUND:

Chapter 7.28 RCW allows a party to establish title to land by adverse possession.

It has been suggested that the successful party in an action for adverse possession be awarded reasonable attorney fees.

SUMMARY:

The prevailing party in an action for adverse possession is entitled to an award of reasonable attorney fees.

EFFECT OF PROPOSED SUBSTITUTE:

An award of reasonable attorney fees is limited to the prevailing defendant.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Don Fancher, Washington Cattlemen's and Okanogan Cattlemen's Associations; Ole Jensen