AN ACT Relating to recording of easements by utilities; adding a new section to chapter 24.03 RCW; adding a new section to chapter 24.06 RCW; adding a new section to chapter 35.92 RCW; adding a new section to chapter 35A.80 RCW; adding a new section to chapter 36.94 RCW; adding a new section to chapter 43.52 RCW; adding a new section to chapter 53.08 RCW; adding a new section to chapter 54.16 RCW; adding a new section to chapter 56.04 RCW; adding a new section to chapter 57.04 RCW; adding a new section to chapter 65.08 RCW; adding a new section to chapter 80.28 RCW; adding a new section to chapter 80.36 RCW; adding a new section to chapter 87.08 RCW; and providing an effective date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 65.08 RCW to read as follows:

(1) Public and private entities specified in sections 2 through 14 of this act that operate utilities shall record utility easements created by express conveyance and utility easements created by operation of law that benefit the public or private entity and encumber real property. Utility easements created by operation of law are only required to be recorded if they have been established in a final judgment of a court of competent jurisdiction. The recording of utility easements shall comply with the requirements for the recording of real property conveyances in RCW 65.08.070.

(2) Utility easements that are not recorded are void against any subsequent bona fide purchaser for value of the encumbered property.

(3) An entity that assumes the utility operations of another entity is not required to record utility easements acquired from the other entity if the other entity previously recorded such utility easements.

(4) As used in this section, "utility easements created by operation of law" includes but is not limited to easements created by implication, necessity, or prescription. A "bona fide purchaser for value" is a purchaser who, without notice of the utility easement prior to acquisition of title, has paid the vendor a valuable consideration.

NEW SECTION. Sec. 2. A new section is added to chapter 24.03 RCW to read as follows:

A corporation organized under this chapter that provides utility service shall record all utility easements as provided in section 1 of this act.

NEW SECTION. Sec. 3. A new section is added to chapter 24.06 RCW to read as follows:

A corporation organized under this chapter that provides utility service shall record all utility easements as provided in section 1 of this act.

NEW SECTION. Sec. 4. A new section is added to chapter 35.92 RCW to read as follows:

A city or town that provides utility service shall record all utility easements as provided in section 1 of this act.

NEW SECTION. Sec. 5. A new section is added to chapter 35A.80 RCW to read as follows:

A code city that provides utility service shall record all utility easements as provided in section 1 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 36.94 RCW to read as follows:

A county that provides utility service shall record all utility easements as provided in section 1 of this act.

NEW SECTION. Sec. 7. A new section is added to chapter 43.52 RCW to read as follows:

A joint operating agency shall record all utility easements as provided in section 1 of this act.

NEW SECTION. Sec. 8. A new section is added to chapter 53.08 RCW to read as follows:

A port district that provides utility service shall record all utility easements as provided in section 1 of this act.

NEW SECTION. Sec. 9. A new section is added to chapter 54.16 RCW to read as follows:

A public utility district shall record all utility easements as provided in section 1 of this act.

NEW SECTION. Sec. 10. A new section is added to chapter 56.04 RCW to read as follows:

A sewer district shall record all utility easements as provided in section 1 of this act.

NEW SECTION. Sec. 11. A new section is added to chapter 57.04 RCW to read as follows:

A water district shall record all utility easements as provided in section 1 of this act.

NEW SECTION. Sec. 12. A new section is added to chapter 80.28 RCW to read as follows:

A gas company, electrical company, water company, or any other corporation, company, association, joint stock association, partnership or person, their lessees, trustees or receivers appointed by any court whatsoever, and every city or town owning, controlling, operating, or managing a water system shall record all utility easements as provided in section 1 of this act.

NEW SECTION. Sec. 13. A new section is added to chapter 80.36 RCW to read as follows:

A telecommunications company shall record all easements as provided in section 1 of this act.

NEW SECTION. Sec. 14. A new section is added to chapter 87.08 RCW to read as follows:

An irrigation district that provides utility service shall record all utility easements as provided in section 1 of this act.

NEW SECTION. Sec. 15. This act shall take effect on September 1, 1989.