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                                 ENGROSSED SUBSTITUTE HOUSE BILL NO. 1416

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State of Washington                              50th Legislature                              1988 Regular Session

By House Committee on Agriculture & Rural Development (originally sponsored by Representatives McLean, Haugen, Rayburn, Ballard, Betrozoff, D. Sommers, Sanders, Nealey and Ferguson)

Read first time 2/5/88.

AN ACT Relating to private ways of necessity; amending RCW 8.24.030; and adding new sections to chapter 8.24 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 8.24 RCW to read as follows:

          In any proceeding for the condemnation of land for a private way of necessity, the owner of any land surrounding and contiguous to the property which land might contain a site for the private way of necessity may be joined as a party.

NEW SECTION. Sec. 2.  A new section is added to chapter 8.24 RCW to read as follows:

          If it is determined that an owner, or one entitled to the beneficial use of land, is entitled to a private way of necessity and it is determined that there is more than one possible route for the private way of necessity, the selection of the route shall be guided by the following priorities in the following order:

          (1) Nonagricultural land shall be used if possible.

          (2) The least-productive land shall be used if it is necessary to cross agricultural land.

          (3) The relative benefits and burdens of the various possible routes shall be weighed to establish an equitable balance between the benefits to the land for which the private way of necessity is sought and the burdens to the land over which the private way of necessity is to run.

        Sec. 3.  Section 2, chapter 133, Laws of 1913 and RCW 8.24.030 are each amended to read as follows:

          The procedure for the condemnation of land for a private way of necessity or for drains, flumes or ditches under the provisions of this chapter shall be the same as that provided for the condemnation of private property by railroad companies, but no private property shall be taken or damaged until the compensation to be made therefor shall have been ascertained and paid as provided in the case of condemnation by railroad companies.

In any action brought under the provisions of this chapter for the condemnation of land for a private way of necessity, reasonable attorneys' fees and expert witness costs may be allowed by the court to reimburse the condemnee unless the court finds that the unreasonable refusal of the condemnee to negotiate in good faith has necessitated the action.