ESHB 1026 -
By Senators Kline, Pflug
ADOPTED 04/21/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 7.28 RCW
to read as follows:
(1) A party who prevails against the holder of record title at the
time an action asserting title to real property by adverse possession
was filed, or against a subsequent purchaser from such holder, may be
required to:
(a) Reimburse such holder or purchaser for part or all of any taxes
or assessments levied on the real property during the period the
prevailing party was in possession of the real property in question and
which are proven by competent evidence to have been paid by such holder
or purchaser; and
(b) Pay to the treasurer of the county in which the real property
is located part or all of any taxes or assessments levied on the real
property after the filing of the adverse possession claim and which are
due and remain unpaid at the time judgment on the claim is entered.
(2) If the court orders reimbursement for taxes or assessments paid
or payment of taxes or assessments due under subsection (1) of this
section, the court shall determine how to allocate taxes or assessments
between the property acquired by adverse possession and the property
retained by the title holder. In making its determination, the court
shall consider all the facts and shall order such reimbursement or
payment as appears equitable and just.
(3) The prevailing party in an action asserting title to real
property by adverse possession may request the court to award costs and
reasonable attorneys' fees. The court may award all or a portion of
costs and reasonable attorneys' fees to the prevailing party if, after
considering all the facts, the court determines such an award is
equitable and just.
NEW SECTION. Sec. 2 This act applies to actions filed on or
after July 1, 2012."
ESHB 1026 -
By Senators Kline, Pflug
ADOPTED 04/21/2011
On page 1, line 1 of the title, after "possession;" strike the remainder of the title and insert "adding a new section to chapter 7.28 RCW; and creating a new section."
EFFECT: Removes the requirement that a person asserting a claim
of adverse possession must prove each element of his or her case by
clear, cogent, and convincing evidence.
Removes the provision that allowed the court to award all or a
portion of costs and attorneys' fees to the prevailing party in an
action asserting title to real property by adverse possession.