title: RCW 79A.60.650

text:
The boating safety education certification account is created in the custody of the state treasurer. All receipts from fees collected for the issuance of a boater education card shall be deposited in the account and shall be used only for the administration of RCW 79A.60.630 and 79A.60.640. Only the state parks and recreation commission may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2005 c 392 s 5.]
Notes:
Intent—2005 c 392: See note following RCW 79A.60.630.

catchline: Boating safety education certification account.


doc_type: statute

jurisdiction: wa

title: RCW 79A.60.660

text:
(1) No person may operate a motor-driven boat or vessel or have the engine of a motor-driven boat or vessel run idle while an individual is teak surfing, platform dragging, or bodysurfing behind the motor-driven boat or vessel.
(2) No person may operate a motor-driven boat or vessel or have the engine of a motor-driven boat or vessel run idle while an individual is occupying or holding onto the swim platform, swim deck, swim step, or swim ladder of the motor-driven boat or vessel.
(3) Subsection (2) of this section does not apply when an individual is occupying the swim platform, swim deck, swim step, or swim ladder for a very brief period of time while assisting with the docking or departure of the vessel, while exiting or entering the vessel, or while the vessel is engaged in law enforcement or emergency rescue activity.
(4) For the purposes of this section, "teak surfing" or "platform dragging" means holding onto the swim platform, swim deck, swim step, swim ladder, or any portion of the exterior of the transom of a motor-driven boat or vessel for any amount of time while the motor-driven boat or vessel is underway at any speed.
(5) For the purposes of this section, "bodysurfing" means swimming or floating on one's stomach or on one's back on or in the wake directly behind a motor-driven boat or vessel that is underway.
(6) A violation of this section is a natural resource infraction punishable as provided under chapter 7.84 RCW, however the fine imposed may not exceed one hundred dollars.
[ 2006 c 140 s 1.]
Notes:
Short title—2006 c 140: "This act may be known and cited as the Jenda Jones and Denise Colbert safe boating act." [ 2006 c 140 s 5.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Operating motor-driven boat or vessel for teak surfing, platform dragging, bodysurfing—Prohibition—Exceptions—Penalty.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 79A.60.670

text:
(1) The boating activities program is created in the recreation and conservation funding board.
(2) The recreation and conservation funding board shall distribute moneys appropriated from the boating activities account created in RCW 79A.60.690 as follows, or as otherwise appropriated by the legislature, after deduction for the board's expenses in administering the boating activities program and for related studies:
(a) To the commission for boater safety, boater education, boating-related law enforcement activities, activities included in RCW 88.02.650, related administrative expenses, and boating-related environmental programs, such as pumpout stations, to enhance clean waters for boating;
(b) For grants to state agencies, counties, municipalities, port districts, federal agencies, nonprofit organizations, and Indian tribes to improve boating access to water and marine parks, enhance the boater experience, boater safety, boater education, and boating-related law enforcement activities, and to provide funds for boating-related environmental programs, such as pumpout stations, to enhance clean waters for boating; and
(c) If the amount available for distribution from the boating activities account is equal to or less than two million five hundred thousand dollars per fiscal year, then eighty percent of the amount available must be distributed to the commission for the purposes of (a) of this subsection and twenty percent for grants in (b) of this subsection. Amounts available for distribution in excess of two million five hundred thousand dollars per fiscal year shall be distributed by the board for purposes of (a) and (b) of this subsection.
(3) The recreation and conservation funding board shall establish an application process for boating activities grants.
(4) Agencies receiving grants for capital purposes from the boating activities account shall consider the possibility of contracting with the commission, the department of natural resources, or other federal, state, and local agencies to employ the youth development and conservation corps or other youth crews in completing the project.
(5) To solicit input on the boating activities grant application process, criteria for grant awards, and use of grant moneys, and to determine the interests of the boating community, the recreation and conservation funding board shall solicit input from a boating activities advisory committee. The recreation and conservation funding board may utilize a currently established boating issues committee that has similar responsibility for input on recreational boating-related funding issues. Members of the boating activities advisory committee are not eligible for compensation but may be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(6) The recreation and conservation funding board may adopt rules to implement this section.
[ 2011 c 171 s 119; 2007 c 311 s 2.]
Notes:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.

catchline: Boating activities program—Boating activities advisory committee—Adoption of rules.


title: RCW 79A.60.680

text:
(1) By December 1, 2007, the *interagency committee for outdoor recreation shall complete an initial study of boater needs and make recommendations to the appropriate committees of the legislature on the initial amount of funding that should be provided to the commission for boating-related law enforcement purposes under RCW 79A.60.670(2)(a).
(2) The *interagency committee for outdoor recreation shall periodically update its study of boater needs as necessary and shall make recommendations to the governor and the appropriate committees of the legislature concerning funding allocations to state parks and other grant applicants.
[ 2007 c 311 s 3.]
Notes:
*Reviser's note: Chapter 241, Laws of 2007 amended numerous sections of chapter 79A.25 RCW, and changed the name of the "interagency committee for outdoor recreation" to the "recreation and conservation funding board."

catchline: Study of boater needs—Funding recommendations.


title: RCW 79A.60.690

text:
The boating activities account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only as authorized under RCW 79A.60.670 and 79A.60.680.
Grants, gifts, or other financial assistance received by the *interagency committee for outdoor recreation from state and nonstate sources for purposes of boating activities may be deposited into the account.
[ 2007 c 311 s 1.]
Notes:
*Reviser's note: Chapter 241, Laws of 2007 amended numerous sections of chapter 79A.25 RCW, and changed the name of the "interagency committee for outdoor recreation" to the "recreation and conservation funding board."

catchline: Boating activities account.


title: RCW 79A.60.700

text:
(1) The refusal of a person to submit to a test of the alcohol concentration, THC concentration, or presence of any drug in the person's blood or breath is not admissible into evidence at a subsequent criminal trial.
(2) A person's refusal to submit to a test or tests pursuant to RCW 79A.60.040(4)(a) constitutes a class 1 civil infraction under RCW 7.80.120.
[ 2014 c 132 s 2; 2013 c 278 s 2.]

catchline: Refusal to submit to certain tests—Not admissible as evidence—Penalty.


title: RCW 79A.60.710

text:
(1) No person who has vessels for hire, or the agent or employee thereof, shall rent, lease, charter, or otherwise permit the use of a vessel, unless the person:
(a) Displays the vessel registration numbers and a valid decal on the vessel hull as required by RCW 88.02.550(1);
(b) Keeps a copy of the vessel registration certificate aboard the vessel, in compliance with RCW 88.02.340;
(c) Displays a carbon monoxide decal on the vessel as required by RCW 88.02.390(2) if the vessel is motor-driven and is not a personal watercraft;
(d) Provides a copy of the rental agreement to be kept aboard during the rental, lease, charter, or use period for vessels required under chapter 88.02 RCW to be registered;
(e) Ensures that the vessel, if motor-propelled, meets the muffler or underwater exhaust system requirement in RCW 79A.60.130;
(f) Outfits the vessel with the quantity and type of personal flotation devices required by RCW 79A.60.140 and 79A.60.160 for the number and ages of the people who will use the vessel;
(g) Explains the personal flotation device requirements to the person renting, leasing, chartering, or otherwise using the vessel;
(h) Equips the vessel with a skier-down flag, and explains observer and personal flotation requirements of RCW 79A.60.170, if the persons renting, leasing, chartering, or otherwise using the vessel will be waterskiing;
(i) If the vessel is a personal watercraft, provides a personal flotation device and a lanyard attached to an engine cutoff switch for the operator to wear at all times when operating the personal watercraft, as required by RCW 79A.60.190;
(j) Reviews with the person operating the vessel, and all other persons who the operator may permit to operate the vessel, all the information contained in the motor vessel safety operating and equipment checklist prescribed by the Washington state parks and recreation commission and required under RCW 79A.60.640(6); and
(k) Provides all other safety equipment required by RCW 79A.60.110 and referenced in the motor vessel safety operating and equipment checklist prescribed by the Washington state parks and recreation commission and required under RCW 79A.60.640(6).
(2) This section does not apply to fishing guides and charter boat operators who have a United States coast guard operator's license and are operating on navigable waters, and people who act in the capacity of a paid whitewater river outfitter or guide, or who operate a vessel carrying passengers for hire on whitewater rivers in this state.
(3) As provided in RCW 79A.60.020, a violation of this section is a civil infraction punishable under chapter 7.84 RCW, unless:
(a) The violation is a violation of RCW 88.02.550, which is punished as a class 2 civil infraction; or
(b) The current violation is the person's third violation of the same provision of this chapter during the past three hundred sixty-five days. If it is the person's third violation, then it must be punished as a misdemeanor under RCW 9.92.030.
[ 2013 c 278 s 5.]

catchline: Vessels for hire—Requirements—Application of section—Penalty.


title: RCW 79A.65.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Charges" means charges of the commission for moorage and storage, and all other charges related to the vessel and owing to or that become owing to the commission, including but not limited to costs of securing, disposing, or removing vessels, damages to any commission facility, and any costs of sale and related legal expenses for implementing RCW 79A.65.020 and 79A.65.030.
(2) "Commission" means the Washington state parks and recreation commission.
(3) "Commission facility" means any moorage facility, as that term is defined in RCW 53.08.310, owned, leased, operated, managed, or otherwise controlled by the commission or by a person pursuant to a contract with the commission.
(4) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest, and shall not include the holder of a bona fide security interest.
(5) "Person" means any natural person, firm, partnership, corporation, association, organization, or any other entity.
(6)(a) "Registered owner" means any person that is either: (i) Shown as the owner in a vessel certificate of documentation issued by the secretary of the United States department of transportation under 46 U.S.C. Sec. 12103; or (ii) the registered owner or legal owner of a vessel for which a certificate of title has been issued under chapter 88.02 RCW; or (iii) the owner of a vessel registered under the vessel registration laws of another state under which laws the commission can readily identify the ownership of vessels registered with that state.
(b) "Registered owner" also includes: (i) Any holder of a security interest or lien recorded with the United States department of transportation with respect to a vessel on which a certificate of documentation has been issued; (ii) any holder of a security interest identified in a certificate of title for a vessel registered under chapter 88.02 RCW; or (iii) any holder of a security interest in a vessel where the holder is identified in vessel registration information of a state with vessel registration laws that fall within (a)(iii) of this subsection and under which laws the commission can readily determine the identity of the holder.
(c) "Registered owner" does not include any vessel owner or holder of a lien or security interest in a vessel if the vessel does not have visible information affixed to it (such as name and hailing port or registration numbers) that will enable the commission to obtain ownership information for the vessel without incurring unreasonable expense.
(7) "Registered vessel" means a vessel having a registered owner.
(8) "Secured vessel" means any vessel that has been secured by the commission that remains in the commission's possession and control.
(9) "Unauthorized vessel" means a vessel using a commission facility of any type whose owner has not paid the required moorage fees or has left the vessel beyond the posted time limits, or a vessel otherwise present without permission of the commission.
(10) "Vessel" means every watercraft or part thereof constructed, used, or capable of being used as a means of transportation on the water. It includes any equipment or personal property on the vessel that is used or capable of being used for the operation, navigation, or maintenance of the vessel.
[ 2002 c 286 s 20; 2000 c 11 s 115; 1994 c 51 s 1. Formerly RCW 88.27.010.]
Notes:
Effective date—2002 c 286: See RCW 79.100.901.

catchline: Definitions.


title: RCW 79A.65.020

text:
(1) The commission may take reasonable measures, including but not limited to the use of anchors, chains, ropes, and locks, or removal from the water, to secure unauthorized vessels located at or on a commission facility so that the unauthorized vessels are in the possession and control of the commission. At least ten days before securing any unauthorized registered vessel, the commission shall send notification by registered mail to the last registered owner or registered owners of the vessel at their last known address or addresses.
(2) The commission may take reasonable measures, including but not limited to the use of anchors, chains, ropes, locks, or removal from the water, to secure any vessel if the vessel, in the opinion of the commission, is a nuisance, is in danger of sinking or creating other damage to a commission facility, or is otherwise a threat to the health, safety, or welfare of the public or environment at a commission facility. The costs of any such procedure shall be paid by the vessel's owner.
(3) At the time of securing any vessel under subsection (1) or (2) of this section, the commission shall attach to the vessel a readily visible notice or, when practicable, shall post such notice in a conspicuous location at the commission facility in the event the vessel is removed from the premises. The notice shall be of a reasonable size and shall contain the following information:
(a) The date and time the notice was attached or posted;
(b) A statement that the vessel has been secured by the commission and that if the commission's charges, if any, are not paid and the vessel is not removed by . . . . . . (the thirty-fifth consecutive day following the date of attachment or posting of the notice), the vessel will be considered abandoned and will be sold at public auction to satisfy the charges;
(c) The address and telephone number where additional information may be obtained concerning the securing of the vessel and conditions for its release; and
(d) A description of the owner's or secured party's rights under this chapter.
(4) With respect to registered vessels: Within five days of the date that notice is attached or posted under subsection (3) of this section, the commission shall send such notice, by registered mail, to each registered owner.
(5) If a vessel is secured under subsection (1) or (2) of this section, the owner, or any person with a legal right to possess the vessel, may claim the vessel by:
(a) Making arrangements satisfactory to the commission for the immediate removal of the vessel from the commission's control or for authorized storage or moorage; and
(b) Making payment to the commission of all reasonable charges incurred by the commission in securing the vessel under subsections (1) and (2) of this section and of all moorage fees owed to the commission.
(6) A vessel is considered abandoned if, within the thirty-five day period following the date of attachment or posting of notice in subsection (3) of this section, the vessel has not been claimed under subsection (5) of this section.
(7) If the owner or owners of a vessel are unable to reimburse the commission for all reasonable charges under subsections (1) and (2) of this section within a reasonable time, the commission may seek reimbursement of ninety percent of all reasonable and auditable costs from the derelict vessel removal account established in RCW 79.100.100.
[ 2013 c 291 s 3; 2002 c 286 s 21; 1994 c 51 s 2. Formerly RCW 88.27.020.]
Notes:
Effective date—2002 c 286: See RCW 79.100.901.

catchline: Securing unauthorized vessels—Notice—Claiming vessels—Abandoned vessels—Derelict vessel removal account.


title: RCW 79A.65.030

text:
(1) The commission may provide for the public sale of vessels considered abandoned under RCW 79A.65.020. At such sales, the vessels shall be sold for cash to the highest and best bidder. The commission may establish either a minimum bid or require a letter of credit, or both, to discourage the future reabandonment of the vessel.
(2) Before a vessel is sold, the commission shall make a reasonable effort to provide notice of sale, at least twenty days before the day of the sale, to each registered owner of a registered vessel and each owner of an unregistered vessel. The notice shall contain the time and place of the sale, a reasonable description of the vessel to be sold, and the amount of charges then owing with respect to the vessel, and a summary of the rights and procedures under this chapter. A notice of sale shall be published at least once, more than ten but not more than twenty days before the sale, in a newspaper of general circulation in the county in which the commission facility is located. This notice shall include: (a) If known, the name of the vessel and the last owner and the owner's address; and (b) a reasonable description of the vessel. The commission may bid all or part of its charges at the sale and may become a purchaser at the sale.
(3) Before a vessel is sold, any person seeking to redeem a secured vessel may commence a lawsuit in the superior court for the county in which the vessel was secured to contest the commission's decision to secure the vessel or the amount of charges owing. This lawsuit shall be commenced within fifteen days of the date the notification was posted under RCW 79A.65.020(3), or the right to a hearing is deemed waived and the owner is liable for any charges owing the commission. In the event of litigation, the prevailing party is entitled to reasonable attorneys' fees and costs.
(4) The proceeds of a sale under this section shall be applied first to the payment of the amount of the reasonable charges incurred by the commission and moorage fees owed to the commission, then to the owner or to satisfy any liens of record or security interests of record on the vessel in the order of their priority. If an owner cannot in the exercise of due diligence be located by the commission within one year of the date of the sale, any excess funds from the sale, following the satisfaction of any bona fide security interest, shall revert to the derelict vessel removal account established in RCW 79.100.100. If the sale is for a sum less than the applicable charges, the commission is entitled to assert a claim for the deficiency against the vessel owner. Nothing in this section prevents any lienholder or secured party from asserting a claim for any deficiency owed the lienholder or secured party.
(5) If no one purchases the vessel at a sale, the commission may proceed to properly dispose of the vessel in any way the commission considers appropriate, including, but not limited to, destruction of the vessel or by negotiated sale. The commission may assert a claim against the owner for any charges incurred thereby. If the vessel, or any part of the vessel, or any rights to the vessel, are sold under this subsection, any proceeds from the sale shall be distributed in the manner provided in subsection (4) of this section.
[ 2002 c 286 s 22; 2000 c 11 s 116; 1994 c 51 s 3. Formerly RCW 88.27.030.]
Notes:
Effective date—2002 c 286: See RCW 79.100.901.

catchline: Sale of abandoned vessels—Notice—Redemption of vessels—Use of proceeds—Disposal of vessels.


title: RCW 79A.65.040

text:
If the full amount of all charges due the commission on an unauthorized vessel is not paid to the commission within thirty days after the date on which notice is affixed or posted under RCW 79A.65.020(3), the commission may bring an action in any court of competent jurisdiction to recover the charges, plus reasonable attorneys' fees and costs incurred by the commission.
[ 2000 c 11 s 117; 1994 c 51 s 4. Formerly RCW 88.27.040.]

catchline: Action to recover charges—Attorneys' fees—Costs.


title: RCW 79A.65.050

text:
The rights granted to the commission under this chapter are in addition to any other legal rights the commission may have to secure, hold, and sell a vessel and in no manner does this section alter those rights, or affect the priority of other liens on a vessel.
[ 1994 c 51 s 5. Formerly 88.27.050.]

catchline: Rights not affected.


title: RCW 79A.70.005

text:
The legislature finds that:
(1) State parks are a valuable asset to the people of the state of Washington, contributing to their health, education, and well-being;
(2) Well maintained state parks are an attraction and contribute significantly to the economic well-being of the state of Washington;
(3) Well maintained state parks encourage the appreciation of the natural resources and natural beauty of the state of Washington;
(4) There is an increasing demand for more state parks and more state parks services;
(5) There are individuals and groups who desire to contribute to the continued vitality of the state parks system;
(6) Providing a tax-deductible method for individuals and groups to contribute is an effective way of increasing available funds to improve the state parks system; and
(7) It is in the public interest to create a nonprofit foundation to provide such a method for individuals and groups to contribute to the preservation, restoration, and enhancement of the state parks system.
[ 2000 c 25 s 1.]

catchline: Findings.


title: RCW 79A.70.010

text:
The purpose of the Washington state parks foundation is to solicit support for the state parks system, [to] cooperate with other organizations, and to encourage gifts to support and improve the state parks.
[ 2014 c 86 s 6; 2000 c 25 s 2.]

catchline: Purpose.


title: RCW 79A.70.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Foundation" means the Washington state parks foundation created in RCW 79A.70.030.
(2) "State parks" means that system of parks administered by the commission under this title.
(3) "Eligible grant recipients" includes any and all of the activities of the commission in carrying out the provisions of this title and friends groups or other organizations that propose projects or programs solely for the benefit of state parks.
(4) "Eligible projects" means any project, action, program, or part of any project, action, or program that serves to preserve, restore, improve, or enhance the state parks.
[ 2014 c 86 s 7; 2000 c 25 s 3.]


title: RCW 79A.70.030

text:
(1) By September 1, 2000, the commission shall file articles of incorporation in accordance with the Washington nonprofit corporation act, chapter 24.03A RCW, to establish the Washington state parks foundation. The foundation shall not be an agency, instrumentality, or political subdivision of the state and shall not disburse public funds.
(2) The foundation shall have a board of directors consisting of up to fifteen members, whose terms, method of appointment, and authority must be in accordance with the Washington nonprofit corporation act, chapter 24.03A RCW.
[ 2021 c 176 s 5243; 2014 c 86 s 8; 2000 c 25 s 4.]
Notes:
Effective date—2021 c 176: See note following RCW 24.03A.005.

catchline: Washington state parks foundation—Establishment—Board of directors.


title: RCW 79A.70.040

text:
(1) The foundation shall actively solicit contributions from individuals and groups for the benefit of the state parks.
(2) The foundation shall develop criteria for guiding themselves in either the creation of an endowment, or the making of grants to eligible grant recipients and eligible projects in the state parks, or both.
(3) A competitive grant process shall be conducted at least annually by the foundation to award funds for the benefit of state parks. Competitive grant applications shall only be submitted to the foundation by the commission, friends groups, or other organizations with projects or programs solely for the benefit of state parks. Grants shall be awarded to eligible projects consistent with the criteria developed by the foundation.
[ 2014 c 86 s 9; 2000 c 25 s 5.]

catchline: Foundation's duties—Grant process.


title: RCW 79A.70.050

text:
Money provided to the state parks by the foundation shall not be used to supplant preexisting funding sources.
[ 2000 c 25 s 6.]

catchline: Foundation moneys not to supplant preexisting funding.


title: RCW 79A.80.005

text:
(1) The legislature finds that there is an increasing demand for outdoor recreation opportunities and conservation measures on lands managed by the department of fish and wildlife, the department of natural resources, and the parks and recreation commission. Development and maintenance of outdoor recreation facilities and conservation of lands have not kept pace with this demand. This demand, combined with shrinking resources for management, has led to the degradation of our lands to the detriment of the recreating public and efforts to conserve our natural resources.
(2) The legislature further finds that the recreating public cannot readily discern which agency of the state is responsible for the management of particular state lands or which policies apply to those lands.
(3) It is the intent of this act to reform and improve access to and management of state lands on a sustainable basis for the recreating public by: Providing a motor vehicle access pass and access policies for state lands; recovering the cost incurred by the state for operations and management of recreation opportunities; providing resources to address the growing demand and impacts of outdoor recreationists and conservation of our natural resources; and providing effective education and enforcement of state land access policies.
[ 2011 c 320 s 1.]
Notes:
Effective date—2011 c 320: "Except for section 12 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2011." [ 2011 c 320 s 29.]

catchline: Findings—Intent—2011 c 320.


title: RCW 79A.80.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" or "agencies" means the department of fish and wildlife, the department of natural resources, and the parks and recreation commission.
(2) "Annual natural investment permit" means the annual permit issued by the parks and recreation commission for the purpose of launching boats from the designated state parks boat launch sites.
(3) "Camper registration" means proof of payment of a camping fee on recreational lands managed by the parks and recreation commission.
(4) "Day-use permit" means the permit created in RCW 79A.80.030.
(5) "Discover pass" means the annual pass created in RCW 79A.80.020.
(6) "Motor vehicle" has the same meaning as defined in RCW 46.04.320 and which are required to be registered under chapter 46.16A RCW. "Motor vehicle" does not include those motor vehicles exempt from registration under RCW 46.16A.080, wheeled all-terrain vehicles registered for use under RCW 46.09.442, and state and publicly owned motor vehicles as provided in RCW 46.16A.170.
(7) "Recreation site or lands" means a state park, state lands and state forestlands as those terms are defined in RCW 79.02.010, natural resources conservation areas as that term is defined in RCW 79.71.030, natural area preserves as that term is defined in RCW 79.70.020, and fish and wildlife conservation sites including water access areas, boat ramps, wildlife areas, parking areas, roads, and trailheads.
(8) "Sno-park permit" means the permit issued by the parks and recreation commission for providing access to winter recreational facilities for the period of November 1st through March 31st.
(9) "Vehicle access pass" means the pass created in RCW 79A.80.040.
[ 2019 c 175 s 3; 2013 2nd sp.s. c 23 s 22; 2012 c 261 s 1; 2011 c 320 s 2.]
Notes:
Intent—2019 c 175: See note following RCW 79A.80.060.
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
Effective date—2012 c 261: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 30, 2012]." [ 2012 c 261 s 14.]
Effective date—2011 c 320: See note following RCW 79A.80.005.


title: RCW 79A.80.020

text:
(1) Except as otherwise provided in this chapter, a discover pass is required for any motor vehicle to:
(a) Park at any recreation site or lands; or
(b) Operate on any recreation site or lands.
(2) Except as provided in RCW 79A.80.110, the cost of a discover pass is $45. Every four years the office of financial management must review the cost of the discover pass and, if necessary, recommend to the legislature an adjustment to the cost of the discover pass to account for inflation.
(3) A discover pass is valid for one year beginning from the date that the discover pass is marked for activation. The activation date may differ from the purchase date pursuant to any policies developed by the agencies.
(4) Sales of discover passes must be consistent with RCW 79A.80.100.
(5) The discover pass must contain space for two motor vehicle license plate numbers. A discover pass is valid only for those vehicle license plate numbers written on the pass. However, the agencies may offer for sale a family discover pass that is fully transferable among vehicles and does not require the placement of a license plate number on the pass to be valid. The agencies must collectively set a price for the sale of a family discover pass that is no more than $50. A discover pass is valid only for use with one motor vehicle at any one time.
(6)(a) One complimentary discover pass must be provided to a volunteer who performed 24 hours of service on agency-sanctioned volunteer projects in a year. The agency must provide vouchers to volunteers identifying the number of volunteer hours they have provided for each project. The vouchers may be brought to an agency to be redeemed for a discover pass.
(b) Married spouses under chapter 26.04 RCW may present an agency with combined vouchers demonstrating the collective performance of 24 hours of service on agency-sanctioned volunteer projects in a year to be redeemed for a single complimentary discover pass.
(7) A lifetime disabled veteran pass issued under RCW 79A.05.065(3) is the equivalent of a discover pass for purposes of this chapter, as long as the person to whom the pass was issued is a driver or passenger in the vehicle when accessing a site or lands.
[ 2025 c 323 s 2; 2017 c 121 s 1; 2013 2nd sp.s. c 15 s 1; 2012 c 261 s 2; 2011 c 320 s 3.]
Notes:
Effective date—2025 c 323: "Sections 1 through 5 of this act take effect October 1, 2025." [ 2025 c 323 s 7.]
Findings—Intent—2025 c 323: "The legislature finds that both visitors and residents of Washington state enjoy the opportunity to recreate and experience the beauty of state-owned public lands, like state parks. The legislature also finds that the costs to provide access to these lands has been successfully supported by user-based recreation fees and that the costs of continued support and access has outpaced the revenue generated by fees. The discover pass and day-use permits that are used to gain access to state-owned lands have been in place since 2011, and the cost for the discover pass and permits has not changed since then. However, the costs to maintain recreational access have steadily increased. The original legislation anticipated the potential need to consider adjustment in the cost of both the discover pass and day-use permits. The legislature intends to maintain recreational access for all by updating the cost of the discover pass commensurate with the inflationary costs to carry out state recreational programs." [ 2025 c 323 s 1.]
Effective date—2012 c 261: See note following RCW 79A.80.010.
Effective date—2011 c 320: See note following RCW 79A.80.005.

catchline: Discover pass.


title: RCW 79A.80.030

text:
(1) A person may purchase a day-use permit to meet the requirements of RCW 79A.80.080. Except as provided in RCW 79A.80.110, a day-use permit is ten dollars per day and must be available for purchase from each agency. A day-use permit is valid for one calendar day.
(2) The agencies may provide short-term parking under RCW 79A.80.070 where a day-use permit is not required.
(3) Every four years the office of financial management must review the cost of the day-use permit and, if necessary, recommend to the legislature an adjustment to the cost of the day-use permit to account for inflation.
(4) Sales of day-use permits must be consistent with RCW 79A.80.100.
[ 2013 2nd sp.s. c 15 s 2; 2012 c 261 s 3; 2011 c 320 s 4.]
Notes:
Effective date—2012 c 261: See note following RCW 79A.80.010.
Effective date—2011 c 320: See note following RCW 79A.80.005.

catchline: Day-use permit.


title: RCW 79A.80.040

text:
(1) The vehicle access pass is created solely for access to the department of fish and wildlife recreation sites or lands. The vehicle access pass is only available to a person who purchases a current valid: Big game hunting license issued under RCW 77.32.450; small game hunting license issued under RCW 77.32.460; *western Washington pheasant permit issued under RCW 77.32.575; trapping license issued under RCW 77.65.450; watchable wildlife decal issued under RCW 77.32.560; or combination, saltwater, or freshwater personal use fishing license issued under RCW 77.32.470.
(2) One vehicle access pass must be issued per purchase pursuant to subsection (1) of this section.
(3) The vehicle access pass is valid for the license year of the license it is purchased with.
(4) The vehicle access pass must contain space for two motor vehicle license plate numbers. A vehicle access pass is only valid for those vehicle license plate numbers written on the pass.
[ 2012 c 261 s 5; 2011 c 320 s 5.]
Notes:
*Reviser's note: The term "western Washington pheasant permit" was changed to "western Washington pheasant license" by 2025 c 328 s 15.
Effective date—2012 c 261: See note following RCW 79A.80.010.
Effective date—2011 c 320: See note following RCW 79A.80.005.

catchline: Vehicle access pass.


title: RCW 79A.80.050

text:
(1) A discover pass or a day-use permit are not required within a state park for persons who have a valid camper registration, or annual natural investment permit, issued by the state parks and recreation commission.
(2) In consultation with the director of the department of fish and wildlife and the commissioner of public lands, the director of the state parks and recreation commission must designate up to 12 days per calendar year where entry to a recreation site or lands is free. At least three of those days must be on weekends. When practicable, the free access days should be timed to correspond with any similar free access days planned by the national park service for national parks located in the general region of high volume state parks.
[ 2022 c 83 s 1; 2012 c 261 s 6; 2011 c 320 s 6.]
Notes:
Effective date—2012 c 261: See note following RCW 79A.80.010.
Effective date—2011 c 320: See note following RCW 79A.80.005.

catchline: Valid camper registration/annual natural investment permit—Designation of days where entry to a recreation site or lands is free.


title: RCW 79A.80.060

text:
The discover pass or the day-use permit are not required, for persons who have a valid sno-park permit issued by the state parks and recreation commission, at designated sno-parks between November 1st through March 31st.
[ 2019 c 175 s 2; 2011 c 320 s 7.]
Notes:
Intent—2019 c 175: "In 2016, the legislature directed state parks to develop options and recommendations to improve the consistency, equity, and simplicity in recreational access fee systems. This process identified the layering of park permit requirements that apply to sno-parks, and so the legislature intends to address this issue." [ 2019 c 175 s 1.]
Effective date—2011 c 320: See note following RCW 79A.80.005.

catchline: Sno-park seasonal permit.


title: RCW 79A.80.070

text:
Each agency, where applicable, must designate short-term parking not to exceed thirty minutes where the discover pass or day-use permit are not required at recreation sites or lands.
[ 2011 c 320 s 8.]
Notes:
Effective date—2011 c 320: See note following RCW 79A.80.005.

catchline: Short-term parking.


title: RCW 79A.80.080

text:
(1) A discover pass, vehicle access pass, lifetime disabled veteran pass, or day-use permit must be visibly displayed in the front windshield, or otherwise in a prominent location for motor vehicles without a windshield, of any motor vehicle:
(a) Operating on any recreation site or lands; or
(b) Parking at any recreation site or lands.
(2) The discover pass, the vehicle access pass, lifetime disabled veteran pass, or the day-use permit is not required:
(a) On private lands, state-owned aquatic lands other than water access areas, or at agency offices, hatcheries, or other facilities where public business is conducted;
(b) For persons who use, possess, or enter lands owned or managed by the agencies for nonrecreational purposes consistent with a written authorization from the agency, including but not limited to leases, contracts, and easements;
(c) On department of fish and wildlife lands only, for persons possessing a current vehicle access pass pursuant to RCW 79A.80.040;
(d) When operating on a road managed by the department of natural resources or the department of fish and wildlife, including a forest or land management road, that is not blocked by a gate; or
(e) For motor vehicles used for off-road recreation that have been transported to a recreation site or lands managed for off-road recreation by another motor vehicle that: (i) Remains parked at the recreation site or lands; and (ii) displays a pass or permit consistent with the requirements of this chapter.
(3)(a) An agency may waive the requirements of this section for any person who has secured the ability to access specific recreational land through the provision of monetary consideration to the agency or for any person attending an event or function that required the provision of monetary compensation to the agency.
(b) Special events and group activities are core recreational activities and major public service opportunities within state parks. When waiving the requirements of this section for special events, the state parks and recreation commission must consider the direct and indirect costs and benefits to the state, local market rental rates, the public service functions of the event sponsor, and other public interest factors when setting appropriate fees for each event or activity.
(4) Failure to comply with subsection (1) of this section is a natural resource infraction under chapter 7.84 RCW. An agency is authorized to issue a notice of infraction to any person who fails to comply with subsection (1)(a) of this section or to any motor vehicle that fails to comply with subsection (1)(b) of this section.
(5) The penalty for failure to comply with the requirements of this section is $99. This penalty must be reduced to $59 if an individual provides, within 15 days after the issuance of the notice of violation, proof of purchase of a discover pass to the court or evidence that the individual has obtained a lifetime disabled veteran pass under RCW 79A.05.065(3).
[ 2025 c 323 s 4; 2013 2nd sp.s. c 15 s 3; 2012 c 261 s 7; 2011 c 320 s 9.]
Notes:
Effective date—Findings—Intent—2025 c 323: See notes following RCW 79A.80.020.
Effective date—2012 c 261: See note following RCW 79A.80.010.
Effective date—2011 c 320: See note following RCW 79A.80.005.

catchline: Pass/permit requirements—Penalty.


title: RCW 79A.80.090

text:
(1) The recreation access pass account is created in the state treasury. All moneys received from the sale of discover passes and day-use permits must be deposited into the account.
(2) Each fiscal biennium, the first $85,000,000 in revenue must be distributed to the agencies in the following manner:
(a) Eight percent to the department of fish and wildlife and deposited into the limited fish and wildlife account created in RCW 77.12.170(1);
(b) Eight percent to the department of natural resources and deposited into the parkland trust revolving fund created in RCW 43.30.385;
(c) Eighty-four percent to the state parks and recreation commission and deposited into the state parks renewal and stewardship account created in RCW 79A.05.215;
(d) During the 2015-2017 fiscal biennium, expenditures from the recreation access pass account may be used for Skamania county court costs. During the 2015-2017 and 2017-2019 fiscal biennia, expenditures from the recreation access pass account may be used for the state parks and recreation commission, in partnership with the departments of fish and wildlife and natural resources, to develop options and recommendations to improve recreational access fee systems.
(3) Each fiscal biennium, revenues in excess of $85,000,000 must be distributed equally among the agencies to the accounts identified in subsection (2) of this section.
[ 2025 c 323 s 3; 2020 c 148 s 27; 2017 3rd sp.s. c 1 s 988; 2016 sp.s. c 36 s 948; 2011 c 320 s 10.]
Notes:
Effective date—Findings—Intent—2025 c 323: See notes following RCW 79A.80.020.
Intent—Effective date—2020 c 148: See notes following RCW 77.12.170.
Effective date—2017 3rd sp.s. c 1: See note following RCW 43.41.455.
Effective date—2016 sp.s. c 36: See note following RCW 18.20.430.
Effective date—2011 c 320: See note following RCW 79A.80.005.

catchline: Recreation access pass account.


title: RCW 79A.80.100

text:
(1) Discover passes and day-use permits may be made available for purchase:
(a) Through vendors under contract with one or more of the agencies. The agencies may provide vendors with discover passes and day-use permits at the sales price established under RCW 79A.80.020 and 79A.80.030 to sell at retail;
(b) Directly from the state parks and recreation commission, both through that agency's parks reservation system, directly from agency employees or volunteers at staffed state parks, or as otherwise provided in RCW 79A.05.070;
(c) From the department of licensing as provided in RCW 46.16A.090 and 46.01.370;
(d) From other outlets authorized by law to sell state licenses, permits, or passes; and
(e) Consistent with RCW 77.32.050, through the department of fish and wildlife's automated licensing system.
(2) The agencies must maintain a policy to address conditions related to return, replacements, and for providing the full year of recreational lands access that the discover pass provides to individuals who are required by the department of licensing to change license plate numbers during the effective dates of a discover pass tied to the affected vehicle.
(3) For discover passes and day-use permits purchased through the department of licensing, county auditors, or other agents or subagents appointed by the director of the department of licensing, the selling entity is not responsible for delivering the purchased discover pass to the purchaser. The responsibility for delivering the discover pass belongs to the agencies.
[ 2012 c 261 s 4.]
Notes:
Effective date—2012 c 261: See note following RCW 79A.80.010.

catchline: Purchase, return, replacement of discover passes and day-use permits.


title: RCW 79A.80.110

text:
(1) By mutual agreement, the agencies may sell discounted discover passes at a rate below that established under RCW 79A.80.020 or discounted day-use permits at a rate below that established under RCW 79A.80.030 for purposes of bulk sales to retailers, agency license and permit product bundling, and partnership opportunities to expand accessibility and visibility of the discover pass and recreational opportunities on agency-managed lands.
(2) In exercising this authority, the agencies must prioritize opportunities for discounted sales that result in a net revenue gain.
[ 2013 2nd sp.s. c 15 s 4.]

catchline: Discounted passes—Bulk sales.


title: RCW 79A.80.120

text:
Once each calendar year, the commission must provide at least two library discover passes to any library that submits a request to the commission, so that the library can provide the pass on a loan basis to their patrons as with other library materials. The commission is not required to replace any library discover pass that is lost or not returned. The commission should prioritize the distribution of any additional library discover passes to libraries that also check out outdoor equipment, such as backpacks, binoculars, field guides, and other equipment that will enhance the patron's outdoor experience.
[ 2020 c 75 s 2.]
Notes:
Finding—Intent—2020 c 75: "The legislature finds that the state parks and recreation commission and the state library have developed a pilot program with several library systems throughout the state to encourage library patrons to gain outdoor recreation experiences at state parks and other recreational lands administered by the state. Under this program, the state parks and recreation commission has provided library discover passes to libraries that may be checked out on a temporary basis by library patrons for vehicle parking in state parks. The program requires libraries to include equipment, such as backpacks and binoculars, with the library discover passes that are checked out to enhance the library patron's outdoor experience. The legislature intends by this act to make available resources so that the state parks and recreation commission may offer library discover passes to any library that chooses to make library discover passes and certain outdoor equipment available for loan to library patrons." [ 2020 c 75 s 1.]

catchline: Library discover passes.


title: RCW 8.04.005

text:
Proceedings under this chapter are subject to the notice requirements of RCW 8.25.290. Compliance with RCW 8.25.290 is required before an action can be filed under this chapter.
[ 2007 c 68 s 2.]

catchline: Condemnation final actions—Notice requirements.


title: RCW 8.04.010

text:
Whenever any officer, board, commission, or other body representing the state is authorized by the legislature to acquire any land, real estate, premises, or other property, deemed necessary for the public uses of the state, or any department or institution thereof, the attorney general shall present to the superior court of the county in which the land, real estate, premises, or other property so sought to be acquired or appropriated is situated, a petition in which the land, real estate, premises, or other property sought to be appropriated shall be described with reasonable certainty, and setting forth the name of each and every owner, encumbrancer, or other person or party interested therein, or any part thereof, insofar as can be ascertained from the public records, the object for which the property is sought to be appropriated, and praying that a jury be impanelled to ascertain and determine the compensation to be made in money to such owner or owners, respectively, and to all tenants, encumbrancers, and others interested, for taking such land, real estate, premises, or other property, or in case a jury is waived, as in other civil cases in courts of record, in the manner prescribed by law, then that the compensation to be made as aforesaid be ascertained and determined by the court.
[ 1955 c 156 s 6; 1911 c 64 s 1; 1891 c 74 s 1; RRS s 891.]

catchline: Petition for appropriation—Contents.


title: RCW 8.04.020

text:
A notice stating briefly the objects of the petition and containing a description of the land, real estate, premises or property sought to be acquired and appropriated, and stating the time and place when and where the same will be presented to the court or the judge thereof, shall be served on each and every person named therein as owner, encumbrancer, tenant or otherwise interested therein at least ten days previous to the time designated in such notice for the presentation of such petition. Such service shall be made by delivering a copy of such notice to each of the persons or parties so named therein, if a resident of the state; or, in case of the absence of such person or party from his or her usual place of abode, by leaving a copy of such notice at his or her usual place of abode; or, in case of a foreign corporation, at its principal place of business in this state, with some person of more than sixteen years of age. In case of domestic corporations, such service shall be made upon the president, secretary or other director or trustee of such corporation. In case of persons under the age of eighteen years, on their guardians, or in case no guardian shall have been appointed, then on the person who has the care and custody of such person; in case of idiots, lunatics or distracted persons, on their guardians, or in case no guardian shall have been appointed, then on the person in whose care or charge they are found. In case the land, real estate, premises or other property sought to be appropriated is school or county land, the notice shall be served on the auditor of the county in which the land, real estate, premises or other property sought to be acquired and appropriated is situated. In all cases where the owner or person claiming an interest in such real estate or other property is a nonresident of this state, or where the residence of such owner or person is unknown, and an affidavit of the attorney general shall be filed that such owner or person is a nonresident of this state, or that after diligent inquiry his residence is unknown or cannot be ascertained, service may be made by publication thereof in any newspaper published in the county where such lands are situated once a week for two successive weeks; and in case no newspaper is published in said county, then such publication may be had in a newspaper published in the county nearest the county in which lies the land sought to be acquired and appropriated. And such publication shall be deemed service upon each of such nonresident person or persons whose residence is unknown. Such notice shall be signed by the attorney general of the state of Washington. Such notice may be served by any competent person eighteen years of age or over. Due proof of the service of such notice by affidavit of the person serving the same, or by the printer's affidavit of publication, shall be filed with the clerk of such superior court before or at the time of the presentation of such petition. Want of service of such notice shall render the subsequent proceedings void as to the person not served, but all persons or parties having been served with notice as herein provided, either by publication or otherwise, shall be bound by the subsequent proceedings. In all other cases not otherwise provided for, service of notices, order and other papers in the proceedings, authorized by RCW 8.04.010 through 8.04.160, may be made as the superior court or judge thereof may direct.
[ 1971 ex.s. c 292 s 10; 1891 c 74 s 2; RRS s 892. Formerly RCW 8.04.020, 8.04.030, 8.04.040, 8.04.050.]
Notes:
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Publication of legal notices: Chapter 65.16 RCW.
Publication of notice in eminent domain proceedings: RCW 4.28.120.
Service of process where state land is involved: RCW 8.28.010.

catchline: Notice—Contents—Service—Publication.


title: RCW 8.04.060

text:
The court or judge may, upon application of the said attorney general or any owner or party interested, for reasonable cause, adjourn the proceedings from time to time, and may order new or further notice to be given to any party whose interest may be affected.
[ 1891 c 74 s 3; RRS s 893.]

catchline: Adjournment of proceedings—Further notice.


title: RCW 8.04.070

text:
At the time and place appointed for hearing the petition, or to which the hearing may have been adjourned, if the court has satisfactory proof that all parties interested in the lands, real estate, premises or other property described in the petition have been duly served with the notice, and is further satisfied by competent proof that the contemplated use for which the lands, real estate, premises, or other property are sought to be appropriated is really necessary for the public use of the state, it shall make and enter an order, to be recorded in the minutes of the court, and which order shall be final unless appellate review thereof is sought within five days after entry thereof, adjudicating that the contemplated use for which the lands, real estate, premises or other property are sought to be appropriated is really a public use of the state.
[ 1988 c 202 s 6; 1971 c 81 s 33; 1955 c 213 s 2. Prior: 1925 ex.s. c 98 s 1, part; 1891 c 74 s 4, part; RRS s 894, part.]
Notes:
Rules of court: Writ procedure superseded by RAP 2.1, 2.2(a)(4), 5.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.

catchline: Hearing—Order adjudicating public use.


title: RCW 8.04.080

text:
The order shall direct that determination be had of the compensation and damages to be paid all parties interested in the land, real estate, premises or other property sought to be appropriated for the taking and appropriation thereof, together with the injury, if any, caused by such taking and appropriation to the remainder of the lands, real estate, premises, or other property from which the same is to be taken and appropriated after offsetting against any and all such compensation and damages the special benefits, if any, accruing to such remainder by reason of the appropriation and the use by the state of the lands, real estate, premises, and other property described in the petition. The determination shall be made within thirty days after the entry of such order, before a jury if trial by jury is demanded at the hearing either by the petitioner or by the respondents, otherwise by the court sitting without a jury. If no regular venire has been called so as to be available to serve within such time on application of the petitioner at the hearing, the court may by its order continue such determination to the next regular jury term if a regular venire will be called within sixty days, otherwise the court shall call a special jury within said sixty days and direct that a jury panel be selected and summoned pursuant to chapter 2.36 RCW, from the citizens of the county in which the lands, real estate, premises, or other property sought to be appropriated are situated, as many qualified persons as may be necessary in order to form a jury of twelve persons, unless the petitioner and respondents both consent to a less number of jurors (such number to be not less than three), and such consent is entered by the clerk in the minutes of such hearing. In any county with a population of less than seventy thousand, the costs of such special jury for the trial of such condemnation cases only shall be borne by the state.
[ 1991 c 363 s 8; 1988 c 188 s 15; 1955 c 213 s 3. Prior: 1925 ex.s. c 98 s 1, part; 1891 c 74 s 4, part; RRS s 894, part.]
Notes:
Rules of court: CR 47, 48.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.
Juries in courts of limited jurisdiction: RCW 2.36.050.

catchline: Order to direct determination of damages and offsetting benefits.


title: RCW 8.04.090

text:
In case the state shall require immediate possession and use of the property sought to be condemned, and an order of necessity shall have been granted, and no review has been taken therefrom, the attorney general may stipulate with respondents in accordance with the provisions of this section and RCW 8.04.092 and 8.04.094 for an order of immediate possession and use, and file with the clerk of the court wherein the action is pending, a certificate of the state's requirement of immediate possession and use of the land, which shall state the amount of money offered to the respondents and shall further state that such offer constitutes a continuing tender of such amount. The attorney general shall file a copy of the certificate with the office of financial management, which forthwith shall issue and deliver to him or her a warrant payable to the order of the clerk of the court wherein the action is pending in a sum sufficient to pay the amount offered, which shall forthwith be paid into the registry of the court. The court without further notice to respondent shall enter an order granting to the state the immediate possession and use of the property described in the order of necessity, which order shall bind the petitioner to pay the full amount of any final judgment of compensation and damages which may thereafter be awarded for the taking and appropriation of the lands, real estate, premises, or other property described in the petition and for the injury, if any, to the remainder of the lands, real estate, premises, or other property from which they are to be taken by reason of such taking and appropriation, after offsetting against any and all such compensation and damages the special benefits, if any, accruing to such remainder by reason of the appropriation and use by the state of the lands, real estate, premises, or other property described in the petition. The moneys paid into court may at any time after entry of the order of immediate possession, be withdrawn by respondents, by order of the court, as their interests shall appear.
[ 2011 c 336 s 253; 1979 c 151 s 7; 1973 c 106 s 7; 1955 c 213 s 4. Prior: 1951 c 177 s 1; 1925 ex.s. c 98 s 1, part; RRS s 894, part.]

catchline: Order for immediate possession—Payment of tender into court.


title: RCW 8.04.092

text:
The amount paid into court shall constitute just compensation paid for the taking of such property: PROVIDED, That respondents may, in the same action, request a trial for the purpose of assessing the amount of compensation to be made and the amount of damages arising from the taking. At the trial, the date of valuation of the property shall be the date of entry of the order granting to the state immediate possession and use of the property. If, pursuant to such hearing, the verdict of the jury, unless a jury is waived by all parties, or decision of the court, awards respondents an amount in excess of the tender, the court shall order the excess paid to respondents with interest thereon from the time of the entry of the order of immediate possession, and shall charge the costs of the action to the state. If, pursuant to the trial, the verdict of the jury or decision of the court awards respondents an amount equal to the tender, the costs of the action shall be charged to the state, and if the verdict or decision awards an amount less than the amount of the tender, the state shall be taxed for costs and the state, if respondents have accepted the tender and withdrawn the amount paid into court, shall be entitled to a judgment for the difference; otherwise, the excess on deposit shall be returned to the state.
[ 1983 c 140 s 1; 1955 c 155 s 1; 1951 c 177 s 2.]

catchline: Determination of adequacy of payment—Jury trial—Costs.


title: RCW 8.04.094

text:
If any respondent shall elect to demand a trial for the purpose of assessing just compensation and damages arising from the taking, he or she shall so move within sixty days from the date of entry of the order of immediate possession and use, and the issues shall be brought to trial within one year from the date of such order unless good and sufficient proof shall be offered and it shall appear therefrom to the court that the hearing could not have been held within said year. In the event that no such demand be timely made or having been timely made, shall not be brought to trial within the limiting period, the court, upon application of the state, shall enter a decree of appropriation for the amount paid into court under the provisions of RCW 8.04.090, as the total sum to which respondents are entitled, and such decree shall be final and nonappealable.
[ 2011 c 336 s 254; 1951 c 177 s 3.]

catchline: Demand for trial—Time of trial—Decree of appropriation.


title: RCW 8.04.097

text:
Whenever it becomes necessary on behalf of the state to acquire by condemnation more than one tract of land, property, or property rights, existing in any one county, and held in different ownerships or interests, the state may consolidate and file a single petition as one action against the several tracts of land, property, or property rights held by said different ownerships or interests, setting forth separately the descriptions of the tracts of land, property, or property rights needed, and the owners, persons, or parties interested therein.
[ 1955 c 156 s 1. Formerly RCW 8.04.190.]

catchline: Acquisition when several ownerships.


title: RCW 8.04.098

text:
At the time and place appointed for hearing the petition, the court may enter an order adjudicating public use as affecting all tracts of land, property, or property rights as described therein, which order shall be final as to those respondents not seeking a review to the supreme court or the court of appeals within five days after the entry thereof.
[ 1971 c 81 s 34; 1955 c 156 s 2. Formerly RCW 8.04.200.]

catchline: Acquisition when several ownerships—Public use.


title: RCW 8.04.099

text:
Thereafter, if requested by the state, a single jury shall be selected to hear and determine in separate trials, the amount of compensation and damages, if any, that shall be paid for the different tracts, parcels, property, or property rights, as set forth in the petition.
[ 1955 c 156 s 3. Formerly RCW 8.04.210.]
Notes:
Juries—Civil actions, selection, impaneling, and swearing of: Chapters 2.36, 4.44 RCW.

catchline: Acquisition when several ownerships—Selection of single jury.


title: RCW 8.04.100

text:
At the time of fixing the date for trial by jury in any case the court may, on application of the petitioner, order that any one or more condemnation cases then pending before the court and requiring determination by a jury of the compensation and damages as aforesaid be consolidated and tried before one and the same jury but with a separate award to be made in each case. If necessary, the sheriff, under direction of the court or judge thereof, shall summon as many qualified persons as may be required to complete the jury from citizens of the county where such lands, real estate, premises or other property sought to be appropriated are situated.
[ 1955 c 213 s 5. Prior: 1925 ex.s. c 98 s 1, part; RRS s 894, part.]

catchline: Cases may be consolidated for trial.


title: RCW 8.04.110

text:
A judge of the superior court shall preside at the trial to determine the compensation and damage to be awarded, which trial shall be held at the courthouse in the county where the land, real estate, premises or other property sought to be appropriated or acquired is situated: and in the case of each such trial by jury the jurors by their verdict shall fix as a lump sum the total amount of damages which shall result to all persons or parties and to any county and to all tenants, encumbrancers and others interested therein, by reason of the appropriation and use of the lands, real estate, premises or other property sought to be appropriated or acquired. Upon the trial, witnesses may be examined in behalf of either party to the proceedings as in civil actions; and a witness served with a subpoena in each proceeding shall be punished for failure to appear at such trial, or for perjury, as upon a trial of a civil action. In case a jury is not demanded as provided for in *section 894 such total amount of damages shall be ascertained and determined by the court or judge thereof and the proceedings shall be the same as in trials of an issue of fact by the court.
[ 1925 ex.s. c 98 s 2; 1891 c 74 s 5; RRS s 895.]
Notes:
Rules of court: CR 26 through 37.
*Reviser's note: "section 894" refers to RRS s 894 herein codified (as amended) as RCW 8.04.070, 8.04.080, 8.04.090, and 8.04.100.
Witnesses, examination of: Title 5 RCW.

catchline: Trial—Damages to be found.


title: RCW 8.04.112

text:
If there is a building standing, in whole or in part, upon any land to be taken, the jury shall add to their finding of the value of the land taken, the damages to the building. If the entire building is taken, or if the building is damaged, so that it cannot be readjusted to the premises, then the measure of damages shall be the fair market value of the building. If part of the building is taken or damaged and the building can be readjusted or replaced on the part of the land remaining, and the state agrees thereto, then the measure of damages shall be the cost of readjusting or moving the building, or the part thereof left, together with the depreciation in the market value of the building by reason of such readjustment or moving.
[ 1955 c 156 s 4.]

catchline: Damages to buildings.


title: RCW 8.04.114

text:
If damages are based upon readjustment or moving of building or buildings, the court shall order and fix the time in the judgment and decree of appropriation within which any such building must be moved or readjusted. Upon failure to comply with said order, the state may move said building upon respondent's remaining land and recover its costs and expenses incidental thereto. The state shall have a lien upon the building and the remaining land from the date of the judgment and decree of appropriation for the necessary costs and expenses of removal until the order of the court has been complied with. The amount of the lien and satisfaction thereof shall be by application and entry of a supplemental judgment in said proceedings and execution thereon.
[ 1955 c 156 s 5.]

catchline: Damages to buildings—Where based on readjustment or moving.


title: RCW 8.04.120

text:
At the time of rendering judgment for damages, whether upon default or trial, the court or judge thereof shall also enter a judgment or decree of appropriation of the land, real estate or premises sought to be appropriated, thereby vesting the legal title to the same in the state of Washington. Whenever said judgment or decree of appropriation is made, a certified copy of such judgment or decree of appropriation may be filed for record in the office of the auditor of the county where the said land, real estate or other premises are situated, and shall be recorded by said auditor like a deed of real estate, and with like effect.
[ 1891 c 74 s 6; RRS s 896.]
Notes:
Recording of deeds of real estate: Title 65 RCW.


title: RCW 8.04.130

text:
Upon the entry of judgment upon the verdict of the jury or the decision of the court awarding damages, the state may make payment of the damages and the costs of the proceedings by depositing them with the clerk of the court, to be paid out under the direction of the court or judge thereof; and upon making such payment into court of the damages assessed and allowed for any land, real estate, premises, or other property mentioned in the petition, and of the costs, the state shall be released and discharged from any and all further liability therefor, unless upon appeal the owner or party interested recovers a greater amount of damages; and in that case the state shall be liable only for the amount in excess of the sum paid into court and the costs of appeal.
In the event appellate review is sought by any party to the proceedings, the moneys paid into the superior court by the state pursuant to this section shall remain in the custody of the court until the final determination of the proceedings by the supreme court or the court of appeals.
[ 1988 c 202 s 7; 1971 c 81 s 35; 1951 c 177 s 4; 1925 ex.s. c 98 s 3; 1891 c 74 s 7; RRS s 897.]
Notes:
Severability—1988 c 202: See note following RCW 2.24.050.

catchline: Payment of damages—Effect—Costs—Appellate review.


title: RCW 8.04.140

text:
Any person, corporation, or county claiming to be entitled to any money paid into court, as provided in RCW 8.04.010 through 8.04.160, may apply to the court therefor, and upon furnishing evidence satisfactory to the court that he or she or it is entitled to the same, the court shall make an order directing the payment to such claimant the portion of such money as he or she or it shall be found entitled to; but if, upon application, the court or judge thereof should decide that the title to the land, real estate, or premises specified in the application of such claimant was in such condition as to require that an action be commenced to determine the conflicting claims thereto, he or she shall refuse such order until such action is commenced and the conflicting claims to such land, real estate, or premises be determined according to law.
[ 2011 c 336 s 255; 1891 c 74 s 8; RRS s 898.]

catchline: Claimants, payment of—Conflicting claims.


title: RCW 8.04.150

text:
Either party may seek appellate review of the judgment for damages entered in the superior court within thirty days after the entry of judgment as aforesaid, and such review shall bring before the supreme court or the court of appeals the propriety and justness of the amount of damages in respect to the parties to the review: PROVIDED HOWEVER, That upon such review no bond shall be required: AND PROVIDED FURTHER, That if the owner of land, the real estate or premises accepts the sum awarded by the jury, the court or the judge thereof, he or she shall be deemed thereby to have waived conclusively appellate review, and final judgment by default may be rendered in the superior court as in other cases: PROVIDED FURTHER, That no review shall operate so as to prevent the said state of Washington from taking possession of such property pending review after the amount of said award shall have been paid into court.
[ 2011 c 336 s 256; 1988 c 202 s 8; 1971 c 81 s 36; 1891 c 74 s 9; RRS s 899.]
Notes:
Rules of court: Cf. RAP 5.2, 8.1, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.

catchline: Appellate review.


title: RCW 8.04.160

text:
Whenever the attorney general shall file with the director of financial management a certificate setting forth the amount of any award found against the state of Washington under the provisions of RCW 8.04.010 through 8.04.160, together with the costs of said proceeding, and a description of the lands and premises sought to be appropriated and acquired, and the title of the action or proceeding in which said award is rendered, it shall be the duty of the office of financial management to forthwith issue a warrant upon the state treasury to the order of the attorney general in a sum sufficient to make payment in money of said award and the costs of said proceeding, and thereupon it shall be the duty of said attorney general to forthwith pay to the clerk of said court in money the amount of said award and costs.
[ 1979 c 151 s 8; 1973 c 106 s 8; 1891 c 74 s 10; RRS s 900.]

catchline: Award, how paid into court.


title: RCW 8.04.170

text:
Whenever the governor, as commander-in-chief of the military of this state, shall deem it necessary to acquire any lands, real estate, premises, or other property for any military purpose or purposes of this state, either to add to, enlarge, increase, or otherwise improve state military facilities now or hereafter existing or to establish new facilities, the acquisition of which shall have been provided for by the state, by a county or by a city, or by either, all or any thereof, upon certificate by the governor of such necessity, proceedings for the condemnation, appropriation, and taking of the lands, real estate, premises, or other property so certified to be necessary shall be taken as follows:
Where the state is to pay the purchase price it shall be the duty of the attorney general, upon receipt by him or her of said certificate of the governor, to file a petition in the superior court for the county in which such lands, real estate, premises, or other property may be situate praying such condemnation, appropriating, and taking, which petition shall be prosecuted to a final determination in the manner by law provided for other condemnation suits brought by or on behalf of the state;
Where a county is to pay the purchase price it shall be the duty of the prosecuting attorney of said county upon receipt by him or her of said certificate of the governor, to file a petition in the superior court for said county praying such condemnation, appropriation, and taking, which petition shall be prosecuted to a final determination in the manner by law provided for other condemnation suits brought by or on behalf of a county;
Where a city is to pay the purchase price it shall be the duty of the corporation counsel, city attorney, or other head of the legal department of said city, upon receipt by him or her of said certificate of the governor, to file a petition in the superior court for the county in which said city is situate, praying such condemnation, appropriation, and taking, which petition shall be prosecuted to a final determination in the manner by law provided for other condemnation suits brought by or on behalf of such city;
Where the purchase price is to be paid by the state, a county, and a city or by the state and a county, or by the state and a city, or by a county and a city, the condemnation shall be prosecuted to a final determination in the manner by law provided for either or any thereof, as the governor may determine, which determination shall be final and conclusive.
[ 2011 c 336 s 257; 1917 c 153 s 1; RRS s 900-1.]
Notes:
Notice where military land is involved: RCW 8.28.030.

catchline: Condemnation for military purposes.


title: RCW 8.04.180

text:
Nothing contained in RCW 8.04.170 shall be construed as in any manner applying to condemnation by any county for the purpose of acquiring title to any site for a mobilization, training and supply station, to be donated by any county to the United States.
[ 1917 c 153 s 2; RRS s 900-2.]

catchline: Condemnation for military purposes—Construction.


title: RCW 8.08.005

text:
Proceedings under this chapter are subject to the notice requirements of RCW 8.25.290. Compliance with RCW 8.25.290 is required before an action can be filed under this chapter.
[ 2007 c 68 s 3.]

catchline: Condemnation final actions—Notice requirements.


title: RCW 8.08.010

text:
Every county is hereby authorized and empowered to condemn land and property within the county for public use; whenever the board of county commissioners deems it necessary for county purposes to acquire such land, real estate, premises or other property, and is unable to agree with the owner or owners thereof for its purchase, it shall be the duty of the prosecuting attorney to present to the superior court of the county in which said land, real estate, premises, or other property so sought to be acquired or appropriated shall be situated, a petition in which the land, real estate, premises, or other property sought to be appropriated shall be described with reasonable certainty, and setting forth the name of each and every owner, encumbrancer, or other person or party interested in the same, or any part thereof, so far as the same can be ascertained from the public records, the object for which the land is sought to be appropriated, and praying that a jury be impaneled to ascertain and determine the compensation to be made in money to such owner or owners respectively, and to all tenants, encumbrancers, or others interested, for taking such lands, real estate, premises, or other property, or in case a jury be waived, as in other civil cases in courts of record, in the manner prescribed by law, then that the compensation to be made as aforesaid be ascertained or determined by the court or the judge thereof.
[ 1949 c 79 s 1; Rem. Supp. 1949 s 3991-6.]

catchline: Condemnation authorized for general county purposes—Petition.


title: RCW 8.08.020

text:
Any condemnation, appropriation or disposition intended in RCW 8.08.010 through 8.08.080 shall be deemed and held to be for a county purpose and public use within the meaning of RCW 8.08.010 through 8.08.080 when it is directly or indirectly, approximately or remotely for the general benefit or welfare of the county or of the inhabitants thereof.
[ 1949 c 79 s 2; Rem. Supp. 1949 s 3991-7.]

catchline: Public use declared.


title: RCW 8.08.030

text:
A notice, stating the time and place when and where such petition shall be presented to the court or the judge thereof, together with a copy of such petition, shall be served on each and every person named therein as owner or otherwise interested therein, at least ten days previous to the time designated in such notice for the presentation of such petition. Such notice shall be signed by the prosecuting attorney of the county wherein the real estate or property sought to be taken is situated, and may be served in the same manner as a summons in a civil action in such superior court is authorized by law to be served.
[ 1949 c 79 s 3; Rem. Supp. 1949 s 3991-8.]
Notes:
Publication of notice in eminent domain proceedings: RCW 4.28.120.

catchline: Notice of presentation of petition.


title: RCW 8.08.040

text:
At the time and place appointed for hearing said petition, or to which the same may have been adjourned, if the court or judge thereof shall have satisfactory proof that all parties interested in the land, real estate, premises or other property described in said petition have been duly served with said notice as prescribed herein, and shall be further satisfied by competent proof that the contemplated use for which the lands, real estate, premises, or other property sought to be appropriated is a public use of the county, the court or judge thereof may make and enter an order adjudicating that the contemplated use is really a public use of the county, and which order shall be final unless review thereof to the supreme court or the court of appeals be taken within five days after entry of such order, adjudicating that the contemplated use for which the lands, real estate, premises or other property sought to be appropriated is really a public use of the county, and directing that determination be had of the compensation and damages to be paid all parties interested in the land, real estate, premises, or other property sought to be appropriated for the taking and appropriation thereof, together with the injury, if any, caused by such taking or appropriation to the remainder of the lands, real estate, premises, or other property from which the same is to be taken and appropriated, after offsetting against any and all such compensation and damages, special benefits, if any, accruing to such remainder by reason of such appropriation and use by the county of such lands, real estate, premises, and other property described in the petition; such determination to be made by a jury, unless waived, in which event the compensation or damages shall be determined by the court without a jury. Proceedings under this chapter shall have precedence over all cases in court except criminal cases.
[ 2000 c 68 s 1; 1971 c 81 s 37; 1949 c 79 s 4; Rem. Supp. 1949 s 3991-9.]

catchline: Hearing—Order adjudicating public use.


title: RCW 8.08.050

text:
The jury selected to hear the evidence and determine the compensation to be paid to the owner or owners of such real estate or property to be appropriated for public use, shall be selected, impaneled and sworn in the same manner that juries in other civil actions are selected, impaneled and sworn, and in case a jury is waived, such compensation or damages shall be ascertained and determined by the court or judge thereof and the proceedings shall be the same as in trial of an issue of fact by the court. Upon the close of the evidence, the court shall instruct the jury as to the matters submitted to them and the law pertaining thereto. Whereupon the jury shall retire and deliberate and determine upon the amount of the compensation of damages and money that shall be paid to the owner or owners of the real estate or property sought to be appropriated, which shall be the amount found by the jury to be the fair and full value of such premises, and when the jury shall have determined upon their verdict, they shall return the same to the court as in other civil actions.
[ 1949 c 79 s 5; Rem. Supp. 1949 s 3991-10.]
Notes:
Rules of court: CR 47, 48.
Juries, civil actions, selection, impaneling and swearing of: Chapters 2.36, 4.44 RCW.
Verdicts, civil actions: Chapter 4.44 RCW.


title: RCW 8.08.060

text:
Upon the verdict of the jury or upon the determination of the court of the compensation or damages to be paid for the real estate or property appropriated, judgment shall be entered against such county in favor of the owner or owners of the real estate or property so appropriated for the amount found as just compensation therefor, and upon the payment of such amount by such county to the clerk of such court for the use of the owner or owners or the persons interested in the premises sought to be taken, the court shall enter a decree of appropriation of the real estate or property sought to be taken, thereby vesting the title to the same in such county; and a certified copy of such decree of appropriation may be filed in the office of the county auditor of the county wherein the real estate taken is situated and shall be recorded by such auditor like a deed of real estate and with like effect. The money so paid to the clerk of the court shall be by him or her paid to the person or persons entitled thereto upon the order of the court.
[ 2011 c 336 s 258; 1949 c 79 s 6; Rem. Supp. 1949 s 3991-11.]

catchline: Judgment—Decree of appropriation.


title: RCW 8.08.070

text:
All the costs of such proceedings in the superior court shall be paid by the county initiating such proceedings.
[ 1949 c 79 s 7; Rem. Supp. 1949 s 3991-12.]

catchline: Costs.


title: RCW 8.08.080

text:
Either party may seek appellate review of the judgment for compensation of the damages awarded in the superior court within thirty days after the entry of judgment as aforesaid, and such review shall bring before the supreme court or the court of appeals the propriety and justice of the amount of damage in respect to the parties to the review: PROVIDED, That upon such review no bonds shall be required: AND PROVIDED FURTHER, That if the owner of land, real estate, or premises accepts the sum awarded by the jury or the court, he or she shall be deemed thereby to have waived conclusively appellate review, and final judgment by default may be rendered in the superior court as in other cases.
[ 2011 c 336 s 259; 1988 c 202 s 9; 1971 c 81 s 38; 1949 c 79 s 8; Rem. Supp. 1949 s 3991-13.]
Notes:
Severability—1988 c 202: See note following RCW 2.24.050.


title: RCW 8.08.090

text:
Every county in this state is hereby, for the purposes of RCW 8.08.090 through 8.08.130, declared to be a body corporate and is authorized and empowered by and through its board of county commissioners whenever said board shall judge it to be clearly for the general welfare and benefit of the people of the county, and so far as shall be in harmony with the Constitution of this state and the provisions of RCW 8.08.090 through 8.08.130, to condemn and appropriate as hereinafter in RCW 8.08.090 through 8.08.130 provided and to dispose of for public use such lands, properties, rights and interests as are hereinafter in RCW 8.08.090 through 8.08.130 mentioned, whenever the government of the United States or of this state is intending or proposing the construction, operation or maintenance of any public work situated or to be situated wholly or partly within such county, or the expenditure of money or labor for the construction, operation or maintenance of any such work, and such condemnation or appropriation will enable the county to aid, promote, facilitate or prepare for any such construction, operation, maintenance or expenditure by either or both such governments, or to fulfill or dispose of any condition upon which such construction, operation, maintenance or expenditure is by law or from any cause contingent, and no property shall be exempt from such condemnation, appropriation or disposition by reason of the same having been or being dedicated, appropriated or otherwise reduced or held to public use.
[ 1895 c 2 s 1; RRS s 901.]

catchline: Appropriation authorized in aid of federal or state improvement.


title: RCW 8.08.100

text:
The right of eminent domain for the purposes intended in RCW 8.08.090 through 8.08.130 is hereby extended to all counties in this state and every such county for any purpose of condemnation, appropriation or disposition such as is mentioned in RCW 8.08.090 is hereby authorized and empowered to condemn and appropriate all necessary lands and all rights, properties and interests in or appurtenant to land under the same procedure as is or shall be provided by the laws of this state for the case of any similar condemnation or appropriation by other corporations.
[ 1895 c 2 s 3; RRS s 903.]

catchline: Mode of appropriation.


title: RCW 8.08.110

text:
The board of county commissioners is hereby authorized and empowered in aid of the powers granted or prescribed in RCW 8.08.090 to levy, annually, a tax as large as may be necessary, but not exceeding the rate of one mill on the dollar, upon all the taxable property in the county, such tax to be assessed, levied and collected at the same time and in the same manner as taxes for general county purposes, but the proceeds of said taxes, when collected, shall constitute and be a special fund, applicable solely to the cost of such condemnation, appropriation or disposition, as is mentioned in RCW 8.08.090, and the expenses incident thereto.
[ 1895 c 2 s 2; RRS s 902.]

catchline: Tax levy to pay costs.


title: RCW 8.08.120

text:
Any county purpose mentioned in RCW 8.08.090 through 8.08.130 shall be deemed and held to be a general county purpose and any indebtedness contracted or to be contracted therefor shall be deemed and held to be an indebtedness for general county purposes, and all the provisions of law of this state relative to indebtedness for general county purposes or the contracting of such indebtedness or the bonds for funding the same shall be deemed applicable to any indebtedness contracted or to be contracted or any bonds issued by any county under RCW 8.08.090 through 8.08.130, but the accounts of the county with respect to the receipts and disbursements of all moneys received or disbursed by the county under the provisions of RCW 8.08.090 through 8.08.130 shall, for each condemnation, appropriation and disposition, be so kept as to clearly and fully exhibit such accounts separate and apart from the other accounts of the county.
[ 1895 c 2 s 4; RRS s 904.]
Notes:
Public contracts and indebtedness: Title 39 RCW.

catchline: Indebtedness is for general county purposes.


title: RCW 8.08.130

text:
Any condemnation, appropriation or disposition intended in RCW 8.08.090 through 8.08.130 shall be deemed and held to be for a county purpose and public use within the meaning of RCW 8.08.090 through 8.08.130 when it is directly or indirectly, approximately or remotely for the general benefit or welfare of the county or of the inhabitants thereof, or when it is otherwise within the meaning of the phrase "for a county purpose" as occurring in the Constitution of this state.
[ 1895 c 2 s 5; RRS s 905.]

catchline: Limitation.


title: RCW 8.12.005

text:
Proceedings under this chapter are subject to the notice requirements of RCW 8.25.290. Compliance with RCW 8.25.290 is required before an action can be filed under this chapter.
[ 2007 c 68 s 4.]


title: RCW 8.12.010

text:
The term "city," when used in this chapter, means and includes every city and town and each unclassified city and town in the state of Washington.
[ 1915 c 154 s 20; RRS s 9272.]
Notes:
Severability—1915 c 154: "An adjudication of invalidity of any part of this act shall not affect the validity of the act as a whole or any part thereof." [ 1915 c 154 s 19; RRS s 9271.] This applies to RCW 8.12.010 through 8.12.560.

catchline: "City" defined.


title: RCW 8.12.020

text:
Whenever the word "person" is used in this chapter, the same shall be construed to include any company, corporation or association, the state or any county therein, and the words "city" or "town" wherever used, shall be construed to be either. Whenever the words "installment" or "installments" are used in this chapter, they shall be construed to include installment or installments of interest, as provided in RCW 8.12.420. Whenever the words "public markets" are used in this chapter and the public market is managed in whole or in part by a public corporation created by a city, the words shall be construed to include all real or personal property located in a district or area designated by a city as a public market and traditionally devoted to providing farmers, crafts vendors and other merchants with retail space to market their wares to the public. Property located in such a district or area need not be exclusively or primarily used for such traditional public market retail activities and may include property used for other public purposes including, but not limited to, the provision of human services and low-income or moderate-income housing.
[ 1990 c 189 s 2; 1925 ex.s. c 115 s 4; 1907 c 153 s 52; RRS s 9277. Prior: 1905 c 55 s 51; 1893 c 84 s 51.]

catchline: Other terms defined.


title: RCW 8.12.030

text:
Every city and town and each unclassified city and town within the state of Washington, is hereby authorized and empowered to condemn land and property, including state, county and school lands and property for streets, avenues, alleys, highways, bridges, approaches, culverts, drains, ditches, public squares, public markets, city and town halls, jails and other public buildings, and for the opening and widening, widening and extending, altering and straightening of any street, avenue, alley or highway, and to damage any land or other property for any such purpose or for the purpose of making changes in the grade of any street, avenue, alley or highway, or for the construction of slopes or retaining walls for cuts and fills upon real property abutting on any street, avenue, alley or highway now ordered to be, or such as shall hereafter be ordered to be opened, extended, altered, straightened or graded, or for the purpose of draining swamps, marshes, tidelands, tide flats or ponds, or filling the same, within the limits of such city, and to condemn land or property, or to damage the same, either within or without the limits of such city for public parks, drives and boulevards, hospitals, pesthouses, drains and sewers, garbage crematories and destructors and dumping grounds for the destruction, deposit or burial of dead animals, manure, dung, rubbish, and other offal, and for aqueducts, reservoirs, pumping stations and other structures for conveying into and through such city a supply of fresh water, and for the purpose of protecting such supply of fresh water from pollution, and to condemn land and other property and damage the same for such and for any other public use after just compensation having been first made or paid into court for the owner in the manner prescribed by this chapter.
[ 1915 c 154 s 1; 1907 c 153 s 1; RRS s 9215. Prior: 1905 c 55 s 1; 1893 c 84 s 1.]


title: RCW 8.12.040

text:
When the corporate authorities of any such city shall desire to condemn land or other property, or damage the same, for any purpose authorized by this chapter, such city shall provide therefor by ordinance, and unless such ordinance shall provide that such improvement shall be paid for wholly or in part by special assessment upon property benefited, compensation therefor shall be made from any general funds of such city applicable thereto. If such ordinance shall provide that such improvement shall be paid for wholly or in part by special assessment upon property benefited, the proceedings for the making of such special assessment shall be as hereinafter prescribed, in this chapter: PROVIDED, That no special assessment shall be levied under authority of this chapter except when made for the purpose of streets, avenues, alleys, or highways or alterations thereof or changes of the grade therein or other improvements in or adjoining the same, or for bridges, approaches, culverts, sewers, drains, ditches, public squares, public playgrounds, public parks, drives or boulevards or for the purpose of draining swamps, marshes, tide flats, tidelands or ponds or for filling the same: AND IT IS FURTHER PROVIDED, That when a street, avenue, highway or boulevard is established or widened to a width greater than one hundred and fifty feet the excess over and above the one hundred and fifty feet shall be paid out of the general fund of such city without any deduction for benefits of such excess.
[ 1925 ex.s. c 128 s 2; 1907 c 153 s 2; RRS s 9216. Prior: 1905 c 55 s 2; 1893 c 84 s 2.]

catchline: Ordinance to specify method of payment—Limitations.


title: RCW 8.12.050

text:
Whenever any such ordinance shall be passed by the legislative authority of any such city for the making of any improvement authorized by this chapter or any other improvement that such city is authorized to make, the making of which will require that property be taken or damaged for public use, such city shall file a petition in the superior court of the county in which such land is situated, in the name of the city, praying that just compensation, to be made for the property to be taken or damaged for the improvement or purpose specified in such ordinance, be ascertained by a jury or by the court in case a jury be waived.
[ 1913 c 11 s 1; 1907 c 153 s 3; RRS s 9217. Prior: 1905 c 55 s 3; 1893 c 84 s 3.]

catchline: Petition for condemnation.


title: RCW 8.12.060

text:
Such petition shall contain a copy of said ordinance, certified by the clerk under the corporate seal, a reasonably accurate description of the lots, parcels of land and property which will be taken or damaged, and the names of the owners and occupants thereof and of persons having any interest therein, so far as known, to the officer filing the petition or appearing from the records in the office of the county auditor.
[ 1907 c 153 s 4; RRS s 9218. Prior: 1905 c 55 s 4; 1893 c 84 s 4.]

catchline: Contents of petition.


title: RCW 8.12.070

text:
Upon the filing of the petition aforesaid a summons, returnable as summons in other civil actions, shall be issued and served upon the persons made parties defendant, together with a copy of the petition, as in other civil actions. And in case any of them are unknown or reside out of the state, a summons for publication shall issue and publication be made and return and proof thereof be made in the same manner as is or shall be provided by the laws of the state for service upon absent defendants in other civil actions. Notice so given by publication shall be sufficient to authorize the court to hear and determine the suit as though all parties had been sued by their proper names and had been personally served.
[ 1907 c 153 s 5; RRS s 9219. Prior: 1905 c 55 s 5; 1893 c 84 s 5.]
Notes:
Commencement of actions: Chapter 4.28 RCW.
Publication of
legal notices: Chapter 65.16 RCW.
notice in eminent domain proceedings: RCW 4.28.120.

catchline: Summons—Service.


title: RCW 8.12.080

text:
In case the land, real estate, premises or other property sought to be appropriated or damaged is state, school or county land, the summons and copy of petition shall be served on the auditor of the county in which such land, real estate, premises or other property is situated. Service upon other parties defendant shall be made in the same manner as is or shall be provided by law for service of summons in other civil actions.
[ 1907 c 153 s 6; RRS s 9220. Prior: 1905 c 55 s 6; 1893 c 84 s 6.]
Notes:
Service of process where state land is involved: RCW 8.28.010.

catchline: Service when state or county lands are involved.