H-2492.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1572
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By House Committee on Government Reform & Land Use (originally sponsored by Representatives Reams, Romero, Wolfe, Sullivan and Blalock)
Read first time 03/05/97.
AN ACT Relating to quieting title; and amending RCW 7.28.090.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 7.28.090 and 1977 ex.s. c 80 s 7 are each amended to read as follows:
(1)
Neither RCW 7.28.070 ((and)), 7.28.080, nor common law
adverse possession shall ((not)) extend to lands or tenements owned
by the United States or this state, nor to school lands, nor to lands held for
any public purpose. Nor shall ((they)) RCW 7.28.070 and 7.28.080
extend to lands or tenements when there shall be an adverse title to such lands
or tenements, and the holder of such adverse title is a person under eighteen
years of age, or incompetent within the meaning of RCW 11.88.010((:
PROVIDED, Such persons as aforesaid)). However, incompetent persons and
persons under eighteen years of age who hold adverse title to lands or
tenements shall commence an action to recover such lands or tenements ((so
possessed as aforesaid,)) within three years after the several disabilities
((herein enumerated shall)) cease to exist((,)) and shall
prosecute such action to judgment((, or)). In the case of
vacant and unoccupied land, incompetent persons and persons under eighteen
years of age shall, within ((the time last aforesaid, pay to the person
or persons who have paid the same for his or her betterments, and the taxes,
with interest on said taxes at the legal rate per annum that have been paid on
said)) three years after the several disabilities cease to exist,
reimburse the person or persons for taxes paid on, plus interest paid on the
taxes at the legal rate per annum, and improvements to and costs expended on
the vacant and unimproved land.
(2) For the purposes of this section, the term "lands held for any public purpose" includes, but is not limited to, plat greenbelts and open space areas dedicated to a public agency or to a bona fide homeowner's association.
--- END ---