| Passed by the House April 21, 2011 Yeas 96 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 21, 2011 Yeas 47 BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1026 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
| Approved May 5, 2011, 9:56 a.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 6, 2011 Secretary of State State of Washington |
| State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 01/21/11.
AN ACT Relating to adverse possession; adding a new section to chapter 7.28 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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.