S-34                  _______________________________________________

                                                   SENATE BILL NO. 5130

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators McCaslin and Rasmussen

Read first time 1/16/89 and referred to Committee on Governmental Operations.

AN ACT Relating to recording of easements by utilities; and adding a new section to chapter 65.08 RCW.

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) All public and private utilities, including public utility districts, municipal utilities, electrical companies as defined in RCW 80.04.010, and nonprofit cooperatives and mutual corporations organized under chapter 24.03 or 24.06 RCW, shall record all existing easements created by express conveyance and all easements created by express conveyance after the effective date of this section that benefit the utility and encumber the real property of another person or corporation.  Easements  created by implication, necessity, or prescription that benefit a utility and encumber the real property of another person or corporation shall be recorded by the utility within thirty days after a final judgment by a court of competent jurisdiction in this state acknowledging the existence of the easement.

          The recording of easements shall comply with the requirements for the recording of real property conveyances found in this chapter.  Every easement not so recorded is void.

          (2) The recording of existing easements required by subsection (1) of this section shall be accomplished by July 1, 1990.