SENATE BILL REPORT

SB 5130

BYSenators McCaslin and Rasmussen

Requiring recording of easements.

Senate Committee on Governmental Operations

Senate Hearing Date(s):January 23, 1989; February 16, 1989

Majority Report:  That Substitute Senate Bill No. 5130 be substituted therefor, and the substitute bill do pass.

      Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; Sutherland.

Senate Staff:Sam Thompson (786-7754); Desley Brooks (786-7443)

                  February 17, 1989

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, FEBRUARY 16, 1989

BACKGROUND:

Easements required for the installation of utilities are not required to be recorded.  Property owners may be unaware of the existence of a utility easement because they had no notice of it in the county auditor's records--where other records concerning real property are recorded.

SUMMARY:

All public and private utilities must record their easements. Easements that are not recorded are void. 

Existing easements must be recorded by July 1, 1990. Easements created by operation of law (rather than express conveyance) and established in court must be recorded within 30 days after a final judgment.

EFFECT OF PROPOSED SUBSTITUTE:

Only easements created after September 1, 1989 are required to be recorded.  Express easements must be recorded within 90 days after their creation.  Easements created by operation of law and established in court must be recorded within 90 days of the final judgment.  All such easements that are not recorded are void.

The substitute bill is expressly made applicable to utility easements held by nonprofit corporations, counties, cities and towns, joint operating agencies, port districts, public utility districts, water districts, sewer districts, gas companies, electrical companies, water companies, telecommunications companies and irrigation districts.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Stan Finkelstein, Association of Washington Cities (con); Mike Dwyer, City of Tacoma Department of Public Utilities (con); Greg Hanon, Washington State Rural Electric Association (con); Joe Daniels, Washington State Association of Water and Wastewater Districts (con); Tom Mortimer, Washington PUD Association (con)