AN ACT Relating to street vacations; amending RCW 35.79.030 and 36.87.130; and adding a new section to chapter 35.79 RCW.

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

Sec. 1. Section 4, chapter 28, Laws of 1969 as amended by section 1, chapter 254, Laws of 1985 and RCW 35.79.030 are each amended to read as follows:

The hearing on such petition may be held before the legislative authority, or before a committee thereof 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((: PROVIDED FURTHER, That no city or town shall be authorized or have authority to vacate such street, or alley, or any parts thereof if any portion thereof abuts on a body of salt or fresh water unless such vacation be sought to enable the city, town, port district or state to acquire the property for port purposes, boat moorage or launching sites, park, viewpoint, recreational, or educational purposes, or other public uses. This proviso shall not apply to industrial zoned property)). 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.

NEW SECTION. Sec. 2. A new section is added to chapter 35.79 RCW to read as follows:

(1) A city or town shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water unless:

(a) The vacation is sought to enable the city or town to acquire the property for port purposes, boat moorage or launching sites, park, recreation, or educational purposes, or other public uses; or

(b) The city or town, by resolution of its legislative authority, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for port purposes, boat moorage or launching sites, or park, recreation, or educational purposes.

(2) Before adopting a resolution vacating a street or alley abutting a body of fresh or salt water, the city or town shall:

(a) Compile an inventory of all rights of way within the city or town that abut bodies of water;

(b) Conduct a study to determine if the property to be vacated is suitable for use by the city or town for boat moorage or launching sites or park, recreation, or educational purposes; and

(3) Compensation for the vacation shall be required in an amount not exceeding the current value of the property. Moneys received from the vacation may be used by the city or town only for boat moorage or launching sites or park, recreation, or educational purposes.

Sec. 3. Section 7, chapter 185, Laws of 1969 ex. sess. and RCW 36.87.130 are each amended to read as follows:

((No)) (1) A county shall not vacate a county road or part thereof which abuts ((on)) a body of salt or fresh water unless ((the purpose of the vacation is to enable any public authority to acquire the vacated property for port purposes, boat moorage or launching sites, or for park, viewpoint, recreational, educational or other public purposes, or unless the property is zoned for industrial uses)):

(a) The vacation is sought to enable the county to acquire the property for port purposes, boat moorage or launching sites, park, recreation, or educational purposes, or other public uses; or

(b) The county, by resolution of its legislative authority, declares that the county road is not presently being used as a road and that the road is not suitable for port purposes, boat moorage or launching sites, or park, recreation, or educational purposes.

(2) Before adopting a resolution vacating a county road abutting a body of fresh or salt water, the county shall:

(a) Compile an inventory of all county rights of way that abut bodies of water;

(b) Conduct a study to determine if the property to be vacated is suitable for use by the county for boat moorage or launching sites or park, recreation, or educational purposes; and

(3) Compensation for the vacation shall be required in an amount not exceeding the current value of the property. Moneys received from the vacation may be used by the county only for boat moorage or launching sites or park, recreation, or educational purposes.