HOUSE BILL REPORT

HB 118

BYRepresentatives Nutley, Allen, Haugen, May, Ferguson, Bristow, Rayburn, Brough, Unsoeld and Hine

Providing procedures for vacation and alteration of plats.

House Committe on Local Government

Majority Report:     The substitute bill be substituted therefore and the substitute bill do pass.  (11)

     Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Beck, Ferguson, Madsen, Nealey, Nelson, Nutley, Rayburn, L. Smith and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS REPORTED BY COMMITTEE ON LOCAL GOVERNMENT FEBRUARY 27, 1987

BACKGROUND:

Statutes prescribe separate processes for the: (1) vacation of lots, streets, commons, or public squares located in towns or in unincorporated towns; (2) vacation of roads; (3) vacation of streets; (4) alteration of townsites, additions, or city plats or plats; and (5) revision of subdivisions or short subdivisions.

SUMMARY:

SUBSTITUTE BILL:  The existing laws on vacating and altering lots, plats and townsites are repealed and replaced with new provisions.

The process for vacating a subdivision or short subdivision is as follows: (1) a petition requesting the vacation and giving the reasons for it is filed with the county, city or town, which petition has been signed by all parties having an ownership interest in the land; (2) the legislative authority of the county, city or town holds a public hearing on the proposal; and (3) the legislative authority determines the public use and interest in the proposal may grant or deny the vacation.  Title to the vacated property vests with the rightful owners as shown on the county records, but if a public area is vacated, title to the area vests with the owners of the property on each side of it as determined by the county, city or town legislative authority.  Whenever a vacation only includes a street or road, the procedures for vacating roads or streets shall be used to vacate the road or street.

The process for altering a subdivision or short subdivision is as follows: (1) a petition requesting the alteration is filed with the county, city or town, which petition must be signed by at least both three-quarters of the owners and the owners of three- quarters of the area; (2) the legislative authority holds a public hearing on the proposal; and (3) the legislative authority determines the public use and interest in the proposal and may approve or deny the petition.  The petitioner must prepare and file a revised final plat or short plat if the alteration were approved.  If the area were located in an assessment district, the outstanding assessments are equally divided among the remaining lots.  If the area contains a dedication to the general use of residents, the dedicated land is divided among the adjacent properties as determined by the county, city or town legislative authority.

The requirement is deleted that counties, cities, and towns adopt ordinances providing for the revision or short subdivisions.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The procedures were clarified.  A vacation that includes a right-of-way may proceed under this process, but a right-of-way may not be vacated if prohibited by street or road vacation laws.  A vacation, or alteration, that involves areas of public use being returned to private ownership is to be divided among adjacent properties as determined by the legislative authority.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Jim Williams, Washington State Association of Counties; Steve Hyer, Washington Association of Realtors; and Mark Triplett, Homebuilders Association.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     The old laws are confusing and incomplete.  This provides clarification.

House Committee - Testimony Against: None Presented.