H-1091.1  _______________________________________________

                          HOUSE BILL 2113

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Gombosky, Fisher, Benson, Schindler, D. Sommers and Wood

Read first time 02/16/1999.  Referred to Committee on Local Government.

Allowing street vacation petitions to be heard by hearing examiners.

    AN ACT Relating to street vacation; and amending RCW 35.79.030.

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

    Sec. 1.  RCW 35.79.030 and 1987 c 228 s 1 are each amended to read as follows:

    The hearing on such petition may be held before the legislative authority, or before a committee thereof, or before a hearing examiner, upon the date fixed by resolution or at the time said hearing may be adjourned to.  If the hearing is before such a committee the same shall, following the hearing, report its recommendation on the petition to the legislative authority which may adopt or reject the recommendation.  If such hearing be held before such a committee it shall not be necessary to hold a hearing on the petition before such legislative authority.  If the legislative authority determines to grant said petition or any part thereof, such city or town shall be authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one-half the appraised value of the area so vacated, except in the event the subject property or portions thereof were acquired at public expense, compensation may be required in an amount equal to the full appraised value of the vacation:  PROVIDED, That such ordinance may provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services.  A certified copy of such ordinance shall be recorded by the clerk of the legislative authority and in the office of the auditor of the county in which the vacated land is located.

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