title: RCW 7.48.155

text:
The unlawful use of a firearm or other deadly weapon by a person in, or adjacent to his or her dwelling, that imminently threatens the physical safety of other people in the adjacent area, so as to essentially interfere with the comfortable enjoyment of their residences, is a nuisance and may be abated, and the person who unlawfully used the firearm or deadly weapon is subject to the punishment provided in this chapter. This section does not apply unless the person who unlawfully used the firearm or other deadly weapon is arrested for this activity.
[ 1992 c 38 s 10.]
Notes:
Intent—Effective date—1992 c 38: See notes following RCW 59.18.352.

catchline: Unlawful use of firearm or deadly weapon—Arrest required.


doc_type: statute

jurisdiction: wa

title: RCW 7.48.160

text:
Nothing which is done or maintained under the express authority of a statute, can be deemed a nuisance.
[Code 1881 s 1238; 1875 p 79 s 4; RRS s 9916.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Authorized act not a nuisance.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 7.48.170

text:
Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of such property caused by a former owner, is liable therefor in the same manner as the one who first created it.
[Code 1881 s 1239; 1875 p 79 s 5; RRS s 9917.]

catchline: Successive owners liable.


title: RCW 7.48.180

text:
The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.
[Code 1881 s 1240; 1875 p 79 s 6; RRS s 9918.]

catchline: Abatement does not preclude action for damages.


title: RCW 7.48.190

text:
No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right.
[Code 1881 s 1241; 1875 p 80 s 7; RRS s 9919.]

catchline: Nuisance does not become legal by prescription.


title: RCW 7.48.200

text:
The remedies against a public nuisance are: Indictment or information, a civil action, or abatement. The remedy by indictment or information shall be as regulated and prescribed in this chapter. When a civil action for damage is resorted to, the practice shall conform to RCW 7.48.010 through 7.48.040.
[ 1957 c 51 s 12; Code 1881 s 1242; 1875 p 80 s 8; RRS s 9920.]

catchline: Remedies.


title: RCW 7.48.210

text:
A private person may maintain a civil action for a public nuisance, if it is specially injurious to himself or herself but not otherwise.
[ 2011 c 336 s 218; Code 1881 s 1243; 1875 p 80 s 9; RRS s 9921.]

catchline: Civil action, who may maintain.


title: RCW 7.48.220

text:
A public nuisance may be abated by any public body or officer authorized thereto by law.
[Code 1881 s 1244; 1875 p 80 s 10; RRS s 9922.]

catchline: Abatement, by whom.


title: RCW 7.48.230

text:
Any person may abate a public nuisance which is specially injurious to him or her by removing, or if necessary, destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury.
[ 2011 c 336 s 219; Code 1881 s 1245; 1875 p 80 s 11; RRS s 9923.]

catchline: Public nuisance—Abatement.


title: RCW 7.48.240

text:
Houses of ill fame, kept for the purpose, where persons are employed for purposes of prostitution; all public houses or places of resort where gambling is carried on, or permitted; all houses or places within any city, town, or village, or upon any public road, or highway where drunkenness, gambling, fighting or breaches of the peace are carried on, or permitted; all opium dens, or houses, or places of resort where opium smoking is permitted, are nuisances, and may be abated, and the owners, keepers, or persons in charge thereof, and persons carrying on such unlawful business shall be punished as provided in this chapter.
[ 1973 1st ex.s. c 154 s 18; Code 1881 s 1247; 1875 p 81 s 13; RRS s 9924.]
Notes:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Certain places of resort declared nuisances.


title: RCW 7.48.250

text:
Whoever is convicted of erecting, causing or contriving a public or common nuisance as described in this chapter, or at common law, when the same has not been modified or repealed by statute, where no other punishment therefor is specially provided, shall be punished by a fine not exceeding one thousand dollars, and the court with or without such fine, may order such nuisance to be abated, and issue a warrant as hereinafter provided: PROVIDED, That orders and warrants of abatement shall not be issued by district judges.
[ 1987 c 202 s 136; 1957 c 45 s 1; Code 1881 s 1248; 1875 p 81 s 14; RRS s 9925.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Penalty—Abatement.


title: RCW 7.48.260

text:
When, upon indictment or information, complaint or action, any person is adjudged guilty of a nuisance, if it be in superior court the court may in addition to the fine imposed, if any, or to the judgment for damages or costs, for which a separate execution may issue, order that such nuisance be abated, or removed at the expense of the defendant, and after inquiry into and estimating, as nearly as may be, the sum necessary to defray the expenses of such abatement, the court may issue a warrant therefor: PROVIDED, That if the conviction was had in a district court, the district judge shall not issue the order and warrant of abatement, but on application therefor, shall transfer the cause to the superior court which shall proceed to try the issue of abatement in the same manner as if the action had been originally commenced therein.
[ 1987 c 202 s 137; 1957 c 45 s 2; Code 1881 s 1249; 1875 p 81 s 15; RRS s 9926, part. FORMER PARTS OF SECTION: Code 1881 s 1250; 1875 p 81 s 16.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Warrant of abatement.


title: RCW 7.48.270

text:
Instead of issuing such warrant, the court may order the same to be stayed upon motion of the defendant, and upon his or her entering into a bond in such sum and with such surety as the court may direct to the state, conditioned either that the defendant will discontinue said nuisance, or that within a time limited by the court, and not exceeding six months, he or she will cause the same to be abated and removed, as either is directed by the court, and upon his or her default to perform the condition of his or her bond, the same shall be forfeited, and the court, upon being satisfied of such default, may order such warrant forthwith to issue, and an order to show cause why judgment should not be entered against the sureties of said bond.
[ 2011 c 336 s 220; 1957 c 45 s 3; Code 1881 s 1251; 1875 p 81 s 17; RRS s 9927.]

catchline: Stay of warrant.


title: RCW 7.48.280

text:
The expense of abating a nuisance, by virtue of a warrant, can be collected by the officer in the same manner as damages and costs are collected on execution, except that the materials of any buildings, fences, or other things that may be removed as a nuisance, may be first levied upon and sold by the officer, and if any of the proceeds remain after satisfying the expense of the removal, such balance must be paid by the officer to the defendant or to the owner of the property levied upon, and if said proceeds are not sufficient to pay such expenses, the officer must collect the residue thereof.
[Code 1881 s 1252; 1875 p 82 s 18; RRS s 9928.]

catchline: Costs of abatement.


title: RCW 7.48.300

text:
The legislature finds that agricultural activities conducted on farmland and forest practices in urbanizing areas are often subjected to nuisance lawsuits, and that such suits encourage and even force the premature removal of the lands from agricultural uses and timber production. It is therefore the purpose of RCW 7.48.300 through 7.48.310 and 7.48.905 to provide that agricultural activities conducted on farmland and forest practices be protected from nuisance lawsuits.
[ 1992 c 52 s 2; 1979 c 122 s 1.]

catchline: Agricultural activities and forest practices—Legislative finding and purpose.


title: RCW 7.48.305

text:
(1) Notwithstanding any other provision of this chapter, agricultural activities conducted on farmland and forest practices, if consistent with good agricultural and forest practices and established prior to surrounding nonagricultural and nonforestry activities, are presumed to be reasonable and shall not be found to constitute a nuisance unless the activity or practice has a substantial adverse effect on public health and safety.
(2) Agricultural activities and forest practices undertaken in conformity with all applicable laws and rules are presumed to be good agricultural and forest practices not adversely affecting the public health and safety for purposes of this section and RCW 7.48.300. An agricultural activity that is in conformity with such laws and rules shall not be restricted as to the hours of the day or day or days of the week during which it may be conducted.
(3) The act of owning land upon which a growing crop of trees is located, even if the tree growth is being managed passively and even if the owner does not indicate the land's status as a working forest, is considered to be a forest practice occurring on the land if the crop of trees is located on land that is capable of supporting a merchantable stand of timber that is not being actively used for a use that is incompatible with timber growing. If the growing of trees has been established prior to surrounding nonforestry activities, then the act of tree growth is considered a necessary part of any other subsequent stages of forest practices necessary to bring a crop of trees from its planting to final harvest and is included in the provisions of this section.
(4) Nothing in this section shall affect or impair any right to sue for damages.
[ 2009 c 200 s 2; 2007 c 331 s 2. Prior: 1992 c 151 s 1; 1992 c 52 s 3; 1979 c 122 s 2.]
Notes:
Intent—2009 c 200: "Commercial forestry produces jobs and revenue while also providing clean water and air, wildlife habitat, open space, and carbon storage. Maintaining a base of forestlands that can be utilized for commercial forestry is of utmost importance for the state.
As the population of the state increases, forestlands are converted to residential, suburban, and urban uses. The encroachment of these other uses into neighboring forestlands often makes it more difficult for forestland owners to continue practicing commercial forestry. It is the legislature's intent that a forestland owner's right to practice commercial forestry in a manner consistent with the state forest practices laws be protected and preserved." [ 2009 c 200 s 1.]
Findings—Intent—2007 c 331: "The legislature finds that agricultural activities are often subjected to nuisance lawsuits. The legislature also finds that such lawsuits hasten premature conversion of agricultural lands to other uses. The legislature further finds that agricultural activities must be able to adopt new technologies and diversify into new crops and products if the agricultural industry is to survive and agricultural lands are to be conserved. Therefore, the legislature intends to enhance the protection of agricultural activities from nuisance lawsuits, and to further the clear legislative directive of the state growth management act to maintain and enhance the agricultural industry and conserve productive agricultural lands." [ 2007 c 331 s 1.]

catchline: Agricultural activities and forest practices—Presumed reasonable and not a nuisance—Exception—Damages.


title: RCW 7.48.310

text:
For the purposes of RCW 7.48.305 only:
(1) "Agricultural activity" means a condition or activity which occurs on a farm in connection with the commercial production of farm products and includes, but is not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; movement, including, but not limited to, use of current county road ditches, streams, rivers, canals, and drains, and use of water for agricultural activities; ground and aerial application of seed, fertilizers, conditioners, and plant protection products; keeping of bees for production of agricultural or apicultural products; employment and use of labor; roadway movement of equipment and livestock; protection from damage by wildlife; prevention of trespass; construction and maintenance of buildings, fences, roads, bridges, ponds, drains, waterways, and similar features and maintenance of stream banks and watercourses; and conversion from one agricultural activity to another, including a change in the type of plant-related farm product being produced. The term includes use of new practices and equipment consistent with technological development within the agricultural industry.
(2) "Farm" means the land, buildings, freshwater ponds, freshwater culturing and growing facilities, and machinery used in the commercial production of farm products.
(3) "Farmland" means land or freshwater ponds devoted primarily to the production, for commercial purposes, of livestock, freshwater aquacultural, or other farm products.
(4) "Farm product" means those plants and animals useful to humans and includes, but is not limited to, forages and sod crops, dairy and dairy products, poultry and poultry products, livestock, including breeding, grazing, and recreational equine use, fruits, vegetables, flowers, seeds, grasses, trees, freshwater fish and fish products, apiaries and apiary products, equine and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur.
(5) "Forest practice" means any activity conducted on or directly pertaining to forestland, as that term is defined in RCW 76.09.020, and relating to growing, harvesting, or processing timber. The term "forest practices" includes, but is not limited to, road and trail construction, final and intermediate harvesting, precommercial thinning, reforestation, fertilization, prevention and suppression of diseases and insects, salvage of trees, brush control, and owning land where trees may passively grow until one of the preceding activities is deemed timely by the owner.
[ 2009 c 200 s 3; 2007 c 331 s 3; 1992 c 52 s 4; 1991 c 317 s 2; 1979 c 122 s 3.]
Notes:
Intent—2009 c 200: See note following RCW 7.48.305.
Findings—Intent—2007 c 331: See note following RCW 7.48.305.

catchline: Agricultural activities and forest practices—Definitions.


title: RCW 7.48.315

text:
(1) A farmer who prevails in any action, claim, or counterclaim alleging that agricultural activity on a farm constitutes a nuisance may recover the full costs and expenses determined by a court to have been reasonably incurred by the farmer as a result of the action, claim, or counterclaim.
(2) A farmer who prevails in any action, claim, or counterclaim (a) based on an allegation that agricultural activity on a farm is in violation of specified laws, rules, or ordinances, (b) where such activity is not found to be in violation of the specified laws, rules, or ordinances, and (c) actual damages are realized by the farm as a result of the action, claim, or counterclaim, may recover the full costs and expenses determined by a court to have been reasonably incurred by the farmer as a result of the action, claim, or counterclaim.
(3) The costs and expenses that may be recovered according to subsection (1) or (2) of this section include actual damages and reasonable attorneys' fees and costs. For the purposes of this subsection, "actual damages" include lost revenue and the replacement value of crops or livestock damaged or unable to be harvested or sold as a result of the action, claim, or counterclaim.
(4) In addition to any sums recovered according to subsection (1) or (2) of this section, a farmer may recover exemplary damages if a court finds that the action, claim, or counterclaim was initiated maliciously and without probable cause.
(5) A farmer may not recover the costs and expenses authorized in this section from a state or local agency that investigates or pursues an enforcement action pursuant to an allegation as specified in subsection (2) of this section.
[ 2005 c 511 s 1.]

catchline: Agricultural activities and forest practices—Recovering lawsuit costs—Farmers.


title: RCW 7.48.320

text:
A state or local agency required to investigate a complaint alleging agricultural activity on a farm is in violation of specified laws, rules, or ordinances and where such activity is not found to be in violation of such specified laws, rules, or ordinances may recover its full investigative costs and expenses if a court determines that the complaint was initiated maliciously and without probable cause.
[ 2005 c 511 s 2.]

catchline: Agricultural activities and forest practices—Recovering costs to investigate complaints—State and local agencies.


title: RCW 7.48.330

text:
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Firearm industry member" means a person engaged in the wholesale or retail sale, manufacturing, distribution, importing, or marketing of a firearm industry product, or any officer or agent to act on behalf of such a person or who acts in active concert or participation with such a person.
(b) "Firearm industry product" means a product that meets any of the following conditions:
(i) The firearm industry product was sold, made, distributed, or marketed in this state;
(ii) The firearm industry product was intended to be sold, made, distributed, or marketed in this state; or
(iii) The firearm industry product was used or possessed in this state, and it was reasonably foreseeable that the product would be used or possessed in this state.
(c) "Firearm trafficker" means a person who acquires, transfers, or attempts to acquire or transfer a firearm for purposes of unlawful commerce including, but not limited to, a subsequent transfer to another individual who is prohibited from possessing the firearm industry product under state or federal law.
(d) "Person" means any natural person, firm, corporation, company, partnership, society, joint stock company, municipality or other political subdivision of the state, or any other entity or association.
(e) "Product" means:
(i) A firearm;
(ii) Ammunition;
(iii) A component part of a firearm or ammunition, including a completed frame or receiver or unfinished frame or receiver, as defined in RCW 9.41.010;
(iv) An accessory or device that is designed or adapted to be inserted into, affixed onto, or used in conjunction with a firearm, if the device is marketed or sold to the public and that is designed, intended, or able to be used to increase a firearm's rate of fire, concealability, magazine capacity, or destructive capacity, or to increase the firearm's stability and handling when the firearm is repeatedly fired;
(v) A machine or device that is marketed or sold to the public that is designed, intended, or able to be used to manufacture or produce a firearm or any other product listed in this subsection (1)(e).
(f) "Reasonable controls" means reasonable procedures, safeguards, and business practices, including but not limited to screening, security, and inventory practices, that are designed and implemented to do all of the following:
(i) Prevent the sale or distribution of a firearm industry product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under state or federal law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm industry product to harm themselves or unlawfully harm another, or of unlawfully possessing or using a firearm industry product;
(ii) Prevent the loss of a firearm industry product or theft of a firearm industry product from a firearm industry member; and
(iii) Ensure that the firearm industry member complies with all provisions of state and federal law and does not otherwise promote the unlawful sale, manufacture, distribution, importing, possession, marketing, or use of a firearm industry product.
(g) "Straw purchaser" means a person who wrongfully purchases or obtains a firearm industry product on behalf of a third party. "Straw purchaser" does not include one who makes a bona fide gift to a person who is not prohibited by law from possessing a firearm industry product. For the purposes of this subsection (1)(g), a gift is not a "bona fide gift" if the third party has offered or given the purchaser or transferee a service or thing of value in connection with the transaction.
(2) This section applies to a firearm industry member engaged in the manufacture, distribution, importation, marketing, or wholesale or retail sale of a firearm industry product.
(3) A firearm industry member shall not knowingly create, maintain, or contribute to a public nuisance in this state through the sale, manufacturing, distribution, importing, or marketing of a firearm industry product.
(4) A firearm industry member shall establish, implement, and enforce reasonable controls regarding its manufacture, sale, distribution, importing, use, and marketing of firearm industry products.
(5) A firearm industry member shall take reasonable precautions to ensure the firearm industry member does not sell or distribute a firearm industry product to a downstream distributor or retailer of firearm industry products that fails to establish and implement reasonable controls.
(6) A firearm industry member shall not manufacture, distribute, import, market, offer for wholesale, or offer for retail sale a firearm industry product that is:
(a) Designed, sold, or marketed in a manner that foreseeably promotes conversion of legal firearm industry products into illegal firearm industry products; or
(b) Designed, sold, or marketed in a manner that is targeted at minors or individuals who are legally prohibited from purchasing or possessing firearms.
(7) A violation of this section is a public nuisance.
(8) The legislature finds that the acts or practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this section is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
(9) A firearm industry member's conduct in violation of any provision of this section constitutes a proximate cause of the public nuisance if the harm is a reasonably foreseeable effect of the conduct, notwithstanding any intervening actions, including but not limited to criminal actions by third parties. This subsection is not intended to establish a causation requirement for a claim brought by the attorney general pursuant to the consumer protection act, chapter 19.86 RCW.
(10) Whenever it appears to the attorney general that a firearm industry member has engaged in or is engaging in conduct in violation of this section, the attorney general may commence an action to seek and obtain any remedies available for violations of this chapter, and may also seek and obtain punitive damages up to an amount not to exceed three times the actual damages sustained by the state, reasonable attorneys' fees, and costs of the action.
(11) Whenever the attorney general believes that any person (a) may be in possession, custody, or control of any information which he or she believes to be relevant to the subject matter of an investigation of a possible violation of this section, or (b) may have knowledge of any information which the attorney general believes relevant to the subject matter of such an investigation, the attorney general may, prior to the institution of a civil proceeding thereon, execute in writing and cause to be served upon such a person, a civil investigative demand requiring such person to produce such documentary material and permit inspection and copying, to answer in writing written interrogatories, to give oral testimony, or any combination of such demands pertaining to such documentary material or information, subject to the provisions of RCW 19.86.110 (2) through (9). Any person or entity that receives a civil investigative demand issued pursuant to RCW 19.86.110 and that has an objection to answering in whole or in part may avail themselves of the procedural protections afforded in RCW 19.86.110(8). Further, the attorney general shall not share with a law enforcement agency conducting a criminal investigation any materials or information obtained via a response to a civil investigative demand issued pursuant to RCW 19.86.110 unless such information or materials are required to be disclosed pursuant to issuance of a search warrant.
(12) The attorney general's authority to investigate a possible violation of this section and commence a legal action in response to a violation of this section shall not be construed or implied to deny, abrogate, limit, or impair any person's right to bring a private right of action in response to a violation of this section pursuant to (a) RCW 7.48.200 and 7.48.210, to seek damages, abatement, or any other remedy available for a public nuisance, or (b) chapter 19.86 RCW, to seek damages, equitable relief, or any other remedy available under the consumer protection act.
(13) To prevail in an action under this section, the party seeking relief is not required to demonstrate that the firearm industry member acted with the purpose to engage in a public nuisance or otherwise cause harm to the public.
(14) Nothing in this section shall be construed or implied to deny, abrogate, limit, or impair in any way any of the following:
(a) The right of the attorney general to pursue a legal action under any other law, including chapter 19.86 RCW; or
(b) An obligation or requirement placed on a firearm industry member by any other law.
(15) Nothing in this section shall be construed or implied to deny, abrogate, limit, or impair any statutory or common law right, remedy, or prohibition otherwise available to any party, including the attorney general.
[ 2023 c 163 s 2.]
Notes:
Findings—Intent—2023 c 163: "(1) The legislature finds that the irresponsible, dangerous, and unlawful business practices by firearms industry members contributes to the illegal use of firearms and not only constitutes a public nuisance as declared in chapter 7.48 RCW, but that the effects of that nuisance exacerbate the public health crisis of gun violence in this state. The Washington state medical association, the Washington health alliance, and the voters of Washington, most recently through approval of Initiative 1639 in 2016, have all noted that crisis.
(2) The legislature further finds that public nuisance was established in state law by Washington's territorial legislature in 1875 and has been interpreted by the state supreme court for more than 100 years to enjoin the operation of illegal businesses as nuisance by individuals suffering special injury. Since at least 1895, public nuisance has included manufacturing and storing gunpowder and other highly explosive substances.
(3) Firearm industry members profit from the sale, manufacture, distribution, importing, and marketing of lethal products that are frequently used to threaten, injure, and kill people in Washington, and which cause enormous harms to individuals' and communities' health, safety, and well-being, as well as economic opportunity and vitality. While manufacturers have incorporated features and technology resulting in more deadly and destructive firearms, and products designed to be used with and for firearms, some actors in the firearm industry have implemented irresponsible and dangerous sales, distribution, importing, and marketing practices, including contributing to the development of an illegal secondary market for these increasingly dangerous products. Such practices lead to grave public harms and also provide an unfair business advantage to irresponsible firearm industry members over more responsible competitors who take reasonable precautions to protect others' lives and well-being.
(4) The federal protection of lawful commerce in arms act (PLCAA) recognizes the ability of states to enact and enforce statutes regulating the sale and marketing of firearms and related products, and expressly provides that causes of action may proceed where there are violations of such statutes.
(5) The legislature intends to ensure a level playing field for responsible firearm industry members, to incentivize firearm industry members to establish and implement safe and responsible business practices, and to ensure that the attorney general and members of the public in Washington who are harmed by a firearm industry member's violation of law may bring legal action to seek appropriate justice and fair remedies for those harms in court." [ 2023 c 163 s 1.]
Short title—2023 c 163: "This act is known as the firearm industry responsibility and gun violence victims' access to justice act." [ 2023 c 163 s 3.]

catchline: Firearm industry—Public nuisance.


title: RCW 7.48.905

text:
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[ 1979 c 122 s 4.]

catchline: Severability—1979 c 122.


title: RCW 7.48A.010

text:
The definitions set forth in this section shall apply throughout this chapter.
(1) "Knowledge" or "knowledge of such nuisance" means having knowledge of the contents and character of the patently offensive sexual or violent conduct which appears in the lewd matter, or knowledge of the acts of lewdness or prostitution which occur on the premises, or knowledge that controlled substances identified in Article II of chapter 69.50 RCW and not authorized by that chapter, are manufactured, delivered or possessed, or where any such substance not obtained in a manner authorized by chapter 69.50 RCW is consumed by ingestion, inhalation, or injection or any other means.
(2) "Lewd matter" is synonymous with "obscene matter" and means any matter:
(a) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and
(b) Which explicitly depicts or describes patently offensive representations or descriptions of:
(i) Ultimate sexual acts, normal or perverted, actual or simulated; or
(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or
(iii) Violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape or torture; and
(c) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value.
(3) "Lewdness" shall have and include all those meanings which are assigned to it under the common law.
(4) "Live performance" means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, in person or by electronic transmission, with or without consideration.
(5) "Matter" shall mean a live performance, a motion picture film, or a publication or any combination thereof.
(6) "Motion picture film" shall include any:
(a) Film or plate negative;
(b) Film or plate positive;
(c) Film designed to be projected on a screen for exhibition;
(d) Film, glass slides, or transparencies, either in negative or positive form, designed for exhibition by projection on a screen;
(e) Videotape or any other medium used to electronically reproduce images on a screen.
(7) "Person" means any individual, partnership, firm, association, corporation, or other legal entity.
(8) "Place" includes, but is not limited to, any building, structure, or places, or any separate part or portion thereof, whether permanent or not, or the ground itself.
(9) "Prurient" means that which incites lasciviousness or lust.
(10) "Publication" shall include any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording, or coin-operated machine.
(11) "Sale" means a passing of title or right of possession from a seller to a buyer for valuable consideration, and shall include, but is not limited to, any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of, or transfer of possession of, lewd matter.
[ 1990 c 152 s 4; 1988 c 141 s 2; 1982 c 184 s 1.]
Notes:

catchline: Definitions.


title: RCW 7.48A.020

text:
The following are declared to be moral nuisances:
(1) Any and every place in the state where lewd films are publicly exhibited as a regular course of business, or possessed for the purpose of such exhibition, or where lewd live performances are publicly exhibited as a regular course of business;
(2) Any and every lewd film which is publicly exhibited, or possessed for such purpose at a place which is a moral nuisance under this section;
(3) Any and every place of business in the state in which lewd publications constitute a principal part of the stock in trade;
(4) Every place which, as a regular course of business, is used for the purpose of lewdness or prostitution, and every such place in or upon which acts of lewdness or prostitution are conducted, permitted, carried on, continued, or exist;
(5) All houses, housing units, other buildings, or places of resort where controlled substances identified in Article II of chapter 69.50 RCW and not authorized by that chapter, are manufactured, delivered, or possessed, or where any such substance not obtained in a manner authorized by chapter 69.50 RCW is consumed by ingestion, inhalation, injection, or any other means.
[ 1990 c 152 s 5; 1988 c 141 s 3; 1982 c 184 s 2.]
Notes:

catchline: Moral nuisances—Declaration of.


title: RCW 7.48A.030

text:
Any of the following parties may bring a civil action in the superior court of any county where a moral nuisance is alleged to have been maintained:
(1) The prosecuting attorney for the county where the alleged moral nuisance is located;
(2) The city attorney for the city where the alleged moral nuisance is located; or
(3) The attorney general.
The rules of evidence, burden of proof, and all other rules of court shall be the court rules generally applicable to civil cases in this state: PROVIDED, That the standard of proof on the issue of obscenity shall be clear, cogent, and convincing evidence.
[ 1982 c 184 s 3.]

catchline: Civil actions—Who may bring.


title: RCW 7.48A.040

text:
(1) No person shall with knowledge maintain a moral nuisance.
(2) Upon a determination that a defendant has with knowledge maintained a moral nuisance, the court shall impose a civil fine and judgment of an amount as the court shall determine to be appropriate. In imposing the civil fine, the court shall consider the wilfulness of the defendant's conduct and the profits made by the defendant attributable to the lewd matter, lewdness, or prostitution, whichever is applicable. In no event shall the civil fine exceed the greater of twenty-five thousand dollars or these profits.
[ 1985 c 235 s 1; 1982 c 184 s 4.]
Notes:
Severability—1985 c 235: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1985 c 235 s 4.]

catchline: Maintenance of moral nuisance—Fine—Maximum.


title: RCW 7.48A.050

text:
All civil fines assessed under RCW 7.48A.040 shall be paid into the general treasury of the governmental unit commencing the civil action.
[ 1985 c 235 s 2; 1982 c 184 s 5.]
Notes:
Severability—1985 c 235: See note following RCW 7.48A.040.

catchline: Fines—Payment.


title: RCW 7.48A.060

text:
Nothing in this chapter applies to the circulation of any material by any recognized historical society or museum, any library of any college or university, or to any archive or library under the supervision and control of the state, county, municipality, or other political subdivision.
[ 1982 c 184 s 6.]

catchline: Exceptions to application of chapter.


title: RCW 7.48A.070

text:
The legislature finds that actions against moral nuisances as declared in RCW 7.48A.020 (1) through (4) involve balancing the safeguards necessary to protect constitutionally protected speech and the community and law enforcement efforts to curb dissemination of obscene matters. The legislature finds that the difficulty in ascertaining and obtaining originals and copies of obscene matters for evidentiary purposes thwarts legitimate enforcement efforts. The legislature finds that the balancing of the concerns warrants specific discovery procedures applicable to actions against moral nuisances involving obscene matters.
[ 1989 c 70 s 1.]

catchline: Findings.


title: RCW 7.48A.080

text:
After the plaintiff files a civil action under this chapter, the plaintiff may apply to the superior court in which the plaintiff filed the action for a temporary or preliminary injunction. The court shall grant a hearing within ten days after the plaintiff applies for a temporary injunction.
[ 1989 c 70 s 2.]

catchline: Temporary injunction.


title: RCW 7.48A.090

text:
After the plaintiff applies for a temporary or preliminary injunction, the court may, upon a showing of good cause, issue an ex parte restraining order restraining the defendant and all other persons from removing or in any manner interfering with the personal property and contents of the place where the nuisance is alleged to exist, until the court grants or denies the plaintiff's application for a temporary or preliminary injunction or until further order of the court. However, pending the court's decision on the injunction, the temporary restraining order shall not restrain the exhibition or sale of any film, publication or item of stock in trade. The order may require that at least one original of each film or publication shall be preserved pending the hearing on the injunction. The court may require an inventory and full accounting of all business transactions.
The officer serving the restraining order or preliminary injunction may serve the order by handing to and leaving a copy with any person in charge of the place or residing in the place, or by posting a copy in a conspicuous place at or upon one or more of the principal doors or entrances to the place, or by both delivery and posting. The officer serving the restraining order or injunction shall forthwith make and return to the court, an inventory of the personal property and contents situated in and used in conducting or maintaining the alleged nuisance.
Any violation of the temporary order or injunction is a contempt of court. Mutilation or removal of a posted order that is in force is a contempt of court if the posted order or injunction contains a notice to that effect.
[ 1989 c 70 s 3.]

catchline: Restraining order—Service—Violation of order or injunction.


title: RCW 7.48A.100

text:
A bond or security shall not be required of the city attorney, the prosecuting attorney, or the attorney general.
[ 1989 c 70 s 4.]

catchline: When bond or security not required.


title: RCW 7.48A.110

text:
A copy of the complaint, together with a notice of the time and place of the hearing on the application for a temporary injunction, shall be served upon the defendant at least three business days before the hearing. Service may also be made by posting the required documents in the same manner as is provided in RCW 7.48A.090. If the defendant requests a continuance of the hearing, all temporary restraining orders and injunctions shall be extended as a matter of course.
[ 1989 c 70 s 5.]

catchline: Hearing—Service of notice.


title: RCW 7.48A.120

text:
If the court finds at the hearing for an injunction, that the accounting, inventory, personal property, and contents of the place alleged to be a nuisance provide evidence of a moral nuisance as defined by RCW 7.48A.020 (1) through (4), the court may order the defendant to produce to the plaintiff a limited number of original films, film plates, publications, videotapes, any other obscene matter, and other discovery materials the court determines is necessary for evidentiary purposes to resolve the action on the merits.
The court may issue a temporary injunction enjoining the defendant and all other persons from removing or in any manner interfering with the court-ordered discovery. This discovery procedure supplements and does not replace any other discovery procedures and rules generally applicable to civil cases in this state.
[ 1989 c 70 s 6.]

catchline: Production of discovery materials—Temporary injunction.


title: RCW 7.48A.130

text:
The hearing on the injunction shall have precedence over all other actions, except prior matters of the same character, criminal proceedings, election contests, hearings on temporary restraining orders and injunctions, and actions to forfeit vehicles used in violation of the uniform controlled substances act, chapter 69.50 RCW.
[ 1989 c 70 s 7.]

catchline: Precedence of hearing on injunction.


title: RCW 7.48A.140

text:
An intentional violation of a restraining order, preliminary injunction, or injunction under this chapter is punishable as a contempt of court.
[ 1989 c 70 s 8.]

catchline: Violation of order or injunction—Penalties.


title: RCW 7.52.010

text:
When several persons hold and are in possession of real property as tenants in common, in which one or more of them have an estate of inheritance, or for life or years, an action may be maintained by one or more of such persons, for a partition thereof, according to the respective rights of the persons interested therein, and for sale of such property, or a part of it, if it appear that a partition cannot be made without great prejudice to the owners.
[Code 1881 s 552; 1877 p 117 s 557; 1869 p 133 s 505; RRS s 838.]

catchline: Persons entitled to bring action.


title: RCW 7.52.020

text:
The interest of all persons in the property shall be set forth in the complaint specifically and particularly as far as known to the plaintiff, and if one or more of the parties, or the share or quantity of interest of any of the parties be unknown to the plaintiff, or be uncertain or contingent, or the ownership of the inheritance depend upon an executory devise, or the remainder be a contingent remainder, so that such parties cannot be named, that fact shall be set forth in the complaint.
[Code 1881 s 553; 1877 p 117 s 558; 1869 p 133 s 506; RRS s 839.]

catchline: Requisites of complaint.


title: RCW 7.52.030

text:
The plaintiff may, at his or her option, make creditors having a lien upon the property or any portion thereof, other than by a judgment or decree, defendants in the suit. When the lien is upon an undivided interest or estate of any of the parties, such lien, if a partition be made, is thenceforth a lien only on the share assigned to such party; but such share shall be first charged with its just proportion of the costs of the partition, in preference to such lien.
[ 2011 c 336 s 221; Code 1881 s 554; 1877 p 117 s 559; 1869 p 133 s 507; RRS s 840.]

catchline: Lien creditors as parties defendant.


title: RCW 7.52.040

text:
The notice shall be directed by name to all the tenants in common, who are known, and in the same manner to all lien creditors who are made parties to the suit, and generally to all persons unknown, having or claiming an interest or estate in the property.
[Code 1881 s 555; 1877 p 117 s 560; 1869 p 133 s 508; RRS s 841.]

catchline: Notice.


title: RCW 7.52.050

text:
If a party, having a share or interest in, or lien upon the property, be unknown, or either of the known parties reside out of the state or cannot be found therein, and such fact be made to appear by affidavit, the notice may be served by publication, as in ordinary cases. When service is made by publication, the notice must contain a brief description of the property which is the subject of the suit.
[Code 1881 s 556; 1877 p 117 s 561; 1869 p 134 s 509; RRS s 842.]
Notes:
Publication of legal notices: Chapter 65.16 RCW.

catchline: Service by publication.


title: RCW 7.52.060

text:
The defendant shall set forth in his or her answer, the nature, and extent of his or her interest in the property, and if he or she be a lien creditor, how such lien was created, the amount of the debt secured thereby and remaining due, and whether such debt is secured in any other way, and if so, the nature of such other security.
[ 2011 c 336 s 222; Code 1881 s 557; 1877 p 118 s 562; 1869 p 134 s 510; RRS s 843.]

catchline: Answer—Contents.


title: RCW 7.52.070

text:
The rights of the several parties, plaintiffs as well as defendants, may be put in issue, tried and determined in such suit, and where a defendant fails to answer, or where a sale of the property is necessary, the title shall be ascertained by proof to the satisfaction of the court, before the decree for partition or sale is given.
[Code 1881 s 558; 1877 p 118 s 563; 1869 p 134 s 511; RRS s 844.]

catchline: Trial—Proof must be taken.


title: RCW 7.52.080

text:
If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint, to the satisfaction of the court, that the property or any part of it, is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale thereof, and for that purpose may appoint one or more referees. Otherwise, upon the requisite proofs being made, it shall decree a partition according to the respective rights of the parties as ascertained by the court, and appoint three referees, therefor, and shall designate the portion to remain undivided for the owners whose interests remain unknown or are not ascertained.
[Code 1881 s 559; 1877 p 118 s 564; 1869 p 134 s 512; RRS s 845.]

catchline: Order of sale or partition.


title: RCW 7.52.090

text:
In making the partition, the referees shall divide the property, and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, designating the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid them therein. The referees shall make a report of their proceedings, specifying therein the manner of executing their trust, describing the property divided and the shares allotted to each party, with a particular description of each share.
[Code 1881 s 560; 1877 p 118 s 565; 1869 p 134 s 513; RRS s 846.]

catchline: Partition, how made.


title: RCW 7.52.100

text:
The court may confirm or set aside the report in whole or in part, and if necessary, appoint new referees. Upon the report being confirmed a decree shall be entered that such partition be effectual forever, which decree shall be binding and conclusive:
(1) On all parties named therein, and their legal representatives who have at the time any interest in the property divided, or any part thereof as owners in fee, or as tenants for life or for years, or as entitled to the reversion, remainder or inheritance of such property or any part thereof, after the termination of a particular estate therein, or who by any contingency may be entitled to a beneficial interest in the property, or who have an interest in any undivided share thereof, as tenants for years or for life.
(2) On all persons interested in the property to whom notice shall have been given by publication.
(3) On all other persons claiming from or through such parties or persons or either of them.
[Code 1881 s 561; 1877 p 118 s 566; 1869 p 135 s 514; RRS s 847.]

catchline: Report of referees, confirmation—Effect.


title: RCW 7.52.110

text:
Such decree and partition shall not affect any tenants for years or for life, of the whole of the property which is the subject of partition, nor shall such decree and partition preclude any persons, except such as are specified in RCW 7.52.100, from claiming title to the property in question, or from controverting the title of the parties between whom the partition shall have been made.
[Code 1881 s 562; 1877 p 119 s 567; 1869 p 135 s 515; RRS s 848.]

catchline: Decree does not affect tenant.


title: RCW 7.52.120

text:
The expenses of the referees, including those of a surveyor and his or her assistants, when employed, shall be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by law to the referees, shall be paid by the plaintiff and may be allowed as costs.
[ 2011 c 336 s 223; Code 1881 s 563; 1877 p 119 s 568; 1869 p 135 s 516; RRS s 849.]

catchline: Costs.


title: RCW 7.52.130

text:
If the referees report to the court that the property, of which partition shall have been decreed, or any separate portion thereof is so situated that a partition thereof cannot be made without great prejudice to the owners, and the court is satisfied that such report is correct, it may thereupon by an order direct the referees to sell the property or separate portion thereof.
[Code 1881 s 564; 1877 p 119 s 569; 1869 p 135 s 517; RRS s 850.]

catchline: Sale of property.


title: RCW 7.52.140

text:
When a part of the property only is ordered to be sold, if there be an estate for life or years in an undivided share of the property, the whole of such estate may be set off in any part of the property not ordered sold.
[Code 1881 s 565; 1877 p 119 s 570; 1869 p 136 s 518; RRS s 851.]

catchline: Estate for life or years to be set off.


title: RCW 7.52.150

text:
Before making an order of sale, if lien creditors, other than those by judgment or decree, have not been made parties, the court, on motion of either party, shall order the plaintiff to file a supplemental complaint, making such creditors defendants.
[Code 1881 s 566; 1877 p 119 s 571; 1869 p 136 s 519; RRS s 852.]

catchline: Lien creditors to be brought in.


title: RCW 7.52.160

text:
If an order of sale be made before the distribution of the proceeds thereof, the plaintiff shall produce to the court the certificate of the clerk of the county where the property is situated, showing the liens remaining unsatisfied, if any, by judgment or decree upon the property or any portion thereof, and unless he or she do so the court shall order a referee to ascertain them.
[ 2011 c 336 s 224; 1957 c 51 s 13; Code 1881 s 567; 1877 p 119 s 570; 1869 p 136 s 520; RRS s 853.]

catchline: Clerk's certificate of unsatisfied judgment liens.


title: RCW 7.52.170

text:
If it appear by such certificate or reference, in case the certificate is not produced, that any such liens exist, the court shall appoint a referee to ascertain what amount remains due thereon or secured thereby respectively, and the order of priority in which they are entitled to be paid out of the property.
[Code 1881 s 568; 1877 p 119 s 571; 1869 p 136 s 521; RRS s 854.]

catchline: Ascertainment of liens—Priority.


title: RCW 7.52.180

text:
The plaintiff must cause a notice to be served at least twenty days before the time for appearance on each person having such lien by judgment or decree, to appear before the referee at a specified time and place to make proof by his or her own affidavit or otherwise, of the true amount due or to become due, contingently or absolutely on his or her judgment or decree.
[ 2011 c 336 s 225; Code 1881 s 569; 1877 p 120 s 572; 1869 p 136 s 522; RRS s 855.]

catchline: Notice to lienholders.


title: RCW 7.52.190

text:
The referee shall receive the evidence and report the names of the creditors whose liens are established, the amounts due thereon, or secured thereby, and their priority respectively, and whether contingent or absolute. He or she shall attach to his or her report the proof of service of the notices and the evidence before him or her.
[ 2011 c 336 s 226; Code 1881 s 570; 1877 p 120 s 573; 1869 p 136 s 523; RRS s 856.]

catchline: Proceedings and report of referee.


title: RCW 7.52.200

text:
The report of the referee may be excepted to by either party to the suit, or to the proceedings before the referee, in like manner and with like effect as in ordinary cases. If a lien creditor be absent from the state, or his or her residence therein be unknown, and that fact appear by affidavit, the court or judge thereof may by order direct that service of the notice may be made upon his or her agent or attorney of record, or by publication thereof, for such time and in such manner as the order may prescribe.
[ 2011 c 336 s 227; Code 1881 s 571; 1877 p 120 s 574; 1869 p 137 s 524; RRS s 857.]

catchline: Exceptions to report—Service of notice on absentee.


title: RCW 7.52.210

text:
If the report of the referee be confirmed, the order of confirmation is binding and conclusive upon all parties to the suit, and upon the lien creditors who have been duly served with the notice to appear before the referee, as provided in RCW 7.52.180.
[Code 1881 s 572; 1877 p 120 s 575; 1869 p 137 s 525; RRS s 858.]

catchline: Order of confirmation is conclusive.


title: RCW 7.52.220

text:
The proceeds of the sale of the encumbered property shall be distributed by the decree of the court, as follows:
(1) To pay its just proportion of the general costs of the suit.
(2) To pay the costs of the reference.
(3) To satisfy the several liens in their order of priority, by payment of the sums due, and to become due, according to the decree.
(4) The residue among the owners of the property sold, according to their respective shares.
[Code 1881 s 573; 1877 p 120 s 576; 1869 p 137 s 526; RRS s 859.]

catchline: Distribution of proceeds of sale.


title: RCW 7.52.230

text:
Whenever any party to the suit, who holds a lien upon the property or any part thereof, has other securities for the payment of the amount of such lien, the court may in its discretion, order such sureties to be exhausted before a distribution of the proceeds of sale, or may order a just deduction to be made from the amount of the lien on the property on account thereof.
[Code 1881 s 574; 1877 p 121 s 577; 1869 p 137 s 527; RRS s 860.]

catchline: Other securities to be first exhausted.


title: RCW 7.52.240

text:
The proceedings to ascertain the amount of the liens, and to determine their priority as above provided, or those hereinafter authorized to determine the rights of parties to funds paid into court, shall not delay the sale, nor affect any other party, whose rights are not involved in such proceedings.
[Code 1881 s 575; 1877 p 121 s 578; 1869 p 137 s 528; RRS s 861.]

catchline: Lien proceedings not to delay sale.


title: RCW 7.52.250

text:
The proceeds of sale, and the securities taken by the referees, or any part thereof, shall be distributed by them to the persons entitled thereto, whenever the court so directs. But if no such direction be given, all such proceeds and securities shall be paid into court, or deposited as directed by the court.
[Code 1881 s 576; 1877 p 121 s 579; 1869 p 138 s 529; RRS s 862.]

catchline: Distribution at direction of court.


title: RCW 7.52.260

text:
When the proceeds of sale of any shares or parcel belonging to persons who are parties to the suit and who are known, are paid into court, the suit may be continued as between such parties, for the determination of their respective claims thereto, which shall be ascertained and adjudged by the court. Further testimony may be taken in court, or by a referee at the discretion of the court, and the court may, if necessary, require such parties to present the facts or law in controversy, by pleadings as in an original suit.
[Code 1881 s 577; 1877 p 121 s 580; 1869 p 138 s 530; RRS s 863.]

catchline: Continuance of suit to determine claims.


title: RCW 7.52.270

text:
All sales of real property made by the referees shall be made by public auction, to the highest bidder, in the manner required for the sale of real property on execution. The notice shall state the terms of sale, and if the property, or any part of it is to be sold, subject to a prior estate, charge or lien, that shall be stated in the notice.
[Code 1881 s 578; 1877 p 121 s 581; 1869 p 138 s 531; RRS s 864.]

catchline: Sales to be by public auction.


title: RCW 7.52.280

text:
The court shall, in the order of sale, direct the terms of credit which may be allowed for the purchase money of any portion of the premises, of which it may direct a sale on credit; and for that portion of which the purchase money is required by the provisions hereinafter contained, to be invested for the benefit of unknown owners, infants or parties out of the state.
[Code 1881 s 579; 1877 p 121 s 583; 1869 p 138 s 532; RRS s 865.]

catchline: Terms of sale to be directed by court.


title: RCW 7.52.290

text:
The referees may take separate mortgages, and other securities for the whole, or convenient portions of the purchase money, of such parts of the property as are directed by the court to be sold on credit, in the name of the clerk of the court, and his or her successors in office; and for the shares of any known owner of full age, in the name of such owner.
[ 2011 c 336 s 228; Code 1881 s 580; 1877 p 121 s 584; 1869 p 138 s 533; RRS s 866.]

catchline: Referee may take security.


title: RCW 7.52.300

text:
When the estate of any tenant for life or years, in any undivided part of the property in question, shall have been admitted by the parties, or ascertained by the court to be existing at the time of the order of sale, and the person entitled to such estate shall have been made a party to the suit, such estate may be first set off out of any part of the property, and a sale made of such parcel, subject to the prior unsold estate of such tenant therein; but if in the judgment of the court, a due regard to the interest of all the parties require that such estate be also sold, the sale may be so ordered.
[Code 1881 s 581; 1877 p 122 s 585; 1869 p 138 s 534; RRS s 867.]

catchline: Estate of tenant for life or years may be sold.


title: RCW 7.52.310

text:
Any person entitled to an estate for life or years in any undivided part of the property, whose estate shall have been sold, shall be entitled to receive such sum in gross as may be deemed a reasonable satisfaction for such estate, and which the person so entitled shall consent to accept instead thereof, by an instrument duly acknowledged and filed with the clerk.
[Code 1881 s 582; 1877 p 122 s 586; 1869 p 139 s 535; RRS s 868.]

catchline: Tenant for life or years may receive sum in gross—Consent.


title: RCW 7.52.320

text:
If such consent be not given, as provided in RCW 7.52.310, before the report of sale, the court shall ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be invested for the benefit of the person entitled to such estate for life, or years, and shall order the same to be deposited in court for that purpose.
[Code 1881 s 583; 1877 p 122 s 587; 1869 p 139 s 536; RRS s 869.]

catchline: Court to determine sum if consent not given.


title: RCW 7.52.330

text:
If the persons entitled to such estate, for life or years, be unknown, the court shall provide for the protection of their rights in the same manner, as far as may be, as if they were known and had appeared.
[Code 1881 s 584; 1877 p 122 s 589; 1869 p 139 s 538; RRS s 870.]

catchline: Protection of unknown tenant.


title: RCW 7.52.340

text:
In all cases of sales in partition, when it appears that any person has a vested or contingent future right or estate therein, the court shall ascertain and settle the proportionate value of such contingent or vested right or estate, and shall direct such proportion of the proceeds of sale to be invested, secured or paid over in such manner as to protect the rights and interests of the parties.
[ 1957 c 51 s 14; Code 1881 s 585; RRS s 871. Cf. Laws 1881 s 586; 1877 p 122 s 590; 1869 p 140 s 539.]

catchline: Contingent or vested estates.


title: RCW 7.52.350

text:
In all cases of sales of property the terms shall be made known at the time, and if the premises consist of distinct farms or lots, they shall be sold separately or otherwise, if the court so directs.
[Code 1881 s 586; 1877 p 122 s 591; 1869 p 140 s 540; RRS s 872.]

catchline: Terms of sale must be made known.


title: RCW 7.52.360

text:
Neither of the referees, nor any person for the benefit of either of them, shall be interested in any purchase, nor shall the guardian of an infant be an interested party in the purchase of any real property being the subject of the suit, except for the benefit of the infant. All sales contrary to the provisions of this section shall be void.
[Code 1881 s 587; 1877 p 122 s 592; 1869 p 140 s 541; RRS s 873.]

catchline: Referees or guardians not to be interested in purchase.


title: RCW 7.52.370

text:
After completing the sale, the referees shall report the same to the court, with a description of the different parcels of land sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale, and the securities, if any, taken. The report shall be filed with the clerk.
[Code 1881 s 588; 1877 p 122 s 593; 1869 p 140 s 542; RRS s 874.]

catchline: Referees' report of sale—Contents.


title: RCW 7.52.380

text:
The report of sale may be excepted to in writing by any party entitled to a share of the proceeds. If the sale be confirmed, the order of confirmation shall direct the referees to execute conveyances and take securities pursuant to such sale.
[Code 1881 s 589; 1877 p 123 s 594; 1869 p 140 s 543; RRS s 875.]

catchline: Exceptions—Confirmation.


title: RCW 7.52.390

text:
When a party entitled to a share of the property, or an encumbrancer entitled to have his or her lien paid out of the sale, becomes a purchaser, the referees may take his or her receipt for so much of the proceeds of the sale as belong to him or her.
[ 2011 c 336 s 229; Code 1881 s 590; 1877 p 123 s 595; 1869 p 140 s 544; RRS s 876.]

catchline: Purchase by interested party.


title: RCW 7.52.400

text:
When there are proceeds of sale belonging to an unknown owner, or to a person without the state who has no legal representative within it, or when there are proceeds arising from the sale of an estate subject to the prior estate of a tenant for life or years, which are paid into the court or otherwise deposited by order of the court, the same shall be invested in securities on interest for the benefit of the persons entitled thereto.
[Code 1881 s 591; 1877 p 123 s 596; 1869 p 140 s 545; RRS s 877.]

catchline: Investment of proceeds of unknown owner.


title: RCW 7.52.410

text:
When the security for the proceeds of sale is taken, or when an investment of any such proceeds is made, it shall be done, except as herein otherwise provided, in the name of the clerk of the court and his or her successors in office, who shall hold the same for the use and benefit of the parties interested, subject to the order of the court.
[ 2011 c 336 s 230; Code 1881 s 592; 1877 p 123 s 597; 1869 p 141 s 546; RRS s 878.]

catchline: Investment in name of clerk.


title: RCW 7.52.420

text:
When security is taken by the referees on a sale, and the parties interested in such security by an instrument in writing under their hands, delivered to the referees, agree upon the share and proportions to which they are respectively entitled, or when shares and proportions have been previously adjudged by the court, such securities shall be taken in the names of and payable to the parties respectively entitled thereto, and shall be delivered to such parties upon their receipt therefor. Such agreement and receipt shall be returned and filed with the clerk.
[Code 1881 s 593; 1877 p 123 s 598; 1869 p 141 s 547; RRS s 879.]

catchline: Securities to parties entitled to share when proportions determined.


title: RCW 7.52.430

text:
The clerk in whose name a security is taken, or by whom an investment is made, and his or her successors in office, shall receive the interest and principal as it becomes due, and apply and invest the same as the court may direct, and shall file in his or her office all securities taken and keep an account in a book provided and kept for that purpose in the clerk's office, free for inspection by all persons, of investments and moneys received by him or her thereon, and the disposition thereof.
[ 2011 c 336 s 231; Code 1881 s 594; 1877 p 123 s 599; 1869 p 141 s 548; RRS s 880.]

catchline: Duties of clerk in making investments.


title: RCW 7.52.440

text:
When it appears that partition cannot be made equal between the parties according to their respective rights, without prejudice to the rights and interests of some of them, the court may adjudge compensation to be made by one party to another on account of the inequality of partition; but such compensation shall not be required to be made to others by owners unknown, nor by infants, unless in case of an infant it appear that he or she has personal property sufficient for that purpose, and that his or her interest will be promoted thereby.
[ 2011 c 336 s 232; Code 1881 s 595; 1877 p 124 s 600; 1869 p 141 s 549; RRS s 881.]


title: RCW 7.52.450

text:
When the share of an infant is sold, the proceeds of the sale may be paid by the referees making the sale, to his or her general guardian, or the special guardian appointed for him or her in the suit, upon giving the security required by law, or directed by order of the court.
[ 2011 c 336 s 233; Code 1881 s 596; 1877 p 124 s 601; 1869 p 142 s 550; RRS s 882.]

catchline: Infant's share of proceeds to guardian.


title: RCW 7.52.460

text:
The guardian or limited guardian who may be entitled to the custody and management of the estate of an incompetent or disabled person adjudged incapable of conducting his or her own affairs, whose interest in real property shall have been sold, may receive in behalf of such person his or her share of the proceeds of such real property from the referees, on executing a bond with sufficient sureties, approved by the judge of the court, conditioned that he or she faithfully discharge the trust reposed in him or her, and will render a true and just account to the person entitled, or to his or her legal representative.
[ 2011 c 336 s 234; 1977 ex.s. c 80 s 9; Code 1881 s 597; 1877 p 124 s 602; 1869 p 142 s 551; RRS s 883.]
Notes:
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.

catchline: Guardian or limited guardian of incompetent or disabled person may receive proceeds—Bond.


title: RCW 7.52.470

text:
The general guardian of an infant, and the guardian or limited guardian entitled to the custody and management of the estate of an incompetent or disabled person adjudged incapable of conducting his or her own affairs, who is interested in real estate held in common or in any other manner, so as to authorize his or her being made a party to an action for the partition thereof, may consent to a partition without suit and agree upon the share to be set off to such infant or other person entitled, and may execute a release in his or her behalf to the owners of the shares or parts to which they may respectively be entitled, and upon an order of the court.
[ 2011 c 336 s 235; 1977 ex.s. c 80 s 10; Code 1881 s 598; 1877 p 124 s 603; 1869 p 142 s 552; RRS s 884.]
Notes:
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.

catchline: Guardian or limited guardian may consent to partition.


title: RCW 7.52.480

text:
The cost of partition, including fees of referees and other disbursements including reasonable attorney fees to be fixed by the court and in case the land is ordered sold, costs of an abstract of title, shall be paid by the parties respectively entitled to share in the lands divided, in proportion to their respective interests therein, and may be included and specified in the decree. In that case there shall be a lien on the several shares, and the decree may be enforced by execution against the parties separately. When, however, a litigation arises between some of the parties only, the court may require the expense of such litigation to be paid by the parties thereto, or any of them.
[ 1923 c 9 s 1; Code 1881 s 599; 1877 p 124 s 604; 1869 p 142 s 553; RRS s 885.]

catchline: Apportionment of costs.


title: RCW 7.54.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.
(2) "Collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant.
(3) "Descendant" means an individual who follows another individual in lineage, in the direct line of descent from the other individual.
(4) "Determination of value" means a court order determining the fair market value of heirs property under RCW 7.54.040 or 7.54.080 or adopting the valuation of the property agreed to by all cotenants.
(5) "Heirs property" means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action:
(a) There is no agreement in a record binding all the cotenants which governs the partition of the property;
(b) One or more of the cotenants acquired title from a relative, whether living or deceased; and
(c) Any of the following applies:
(i) Twenty percent or more of the interests are held by cotenants who are relatives;
(ii) Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
(iii) Twenty percent or more of the cotenants are relatives.
(6) "Partition by sale" means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open market sale conducted under RCW 7.54.080.
(7) "Partition in kind" means the division of heirs property into physically distinct and separately titled parcels.
(8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9) "Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state.
[ 2023 c 6 s 102.]

catchline: Definitions.


title: RCW 7.54.020

text:
(1) This chapter does not limit or affect the method by which service of a complaint in a partition action may be made.
(2) If the plaintiff in a partition action seeks an order of notice by publication and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
[ 2023 c 6 s 104.]

catchline: Service—Notice by posting.


title: RCW 7.54.030

text:
If the court appoints referees pursuant to chapter 7.52 RCW, each referee, in addition to the requirements and disqualifications applicable to referees in chapter 7.52 RCW, must be disinterested and impartial and not a party to or a participant in the action.
[ 2023 c 6 s 105.]

catchline: Referees.


title: RCW 7.54.040

text:
(1) Except as otherwise provided in subsections (2) and (3) of this section, if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (4) of this section.
(2) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.
(3) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
(4) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
(5) If an appraisal is conducted pursuant to subsection (4) of this section, not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating:
(a) The appraised fair market value of the property;
(b) That the appraisal is available at the clerk's office; and
(c) That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.
(6) If an appraisal is filed with the court pursuant to subsection (4) of this section, the court shall conduct a hearing to determine the fair market value of the property not sooner than 30 days after a copy of the notice of the appraisal is sent to each party under subsection (5) of this section, whether or not an objection to the appraisal is filed under subsection (5)(c) of this section. In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.
(7) After a hearing under subsection (6) of this section, but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
[ 2023 c 6 s 106.]

catchline: Determination of value.


title: RCW 7.54.050

text:
(1) If any cotenant requested partition by sale, after the determination of value under RCW 7.54.040, the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition by sale.
(2) Not later than 45 days after the notice is sent under subsection (1) of this section, any cotenant except a cotenant that requested partition by sale may give notice to the court that it elects to buy all the interests of the cotenants that requested partition by sale.
(3) The purchase price for each of the interests of a cotenant that requested partition by sale is the value of the entire parcel determined under RCW 7.54.040 multiplied by the cotenant's fractional ownership of the entire parcel.
(4) After expiration of the period in subsection (2) of this section, the following rules apply:
(a) If only one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall notify all the parties of that fact.
(b) If more than one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall allocate the right to buy those interests among the electing cotenants based on each electing cotenant's existing fractional ownership of the entire parcel divided by the total existing fractional ownership of all cotenants electing to buy and send notice to all the parties of that fact and of the price to be paid by each electing cotenant.
(c) If no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall send notice to all the parties of that fact and resolve the partition action under RCW 7.54.060 (1) and (2).
(5) If the court sends notice to the parties under subsection (4)(a) or (b) of this section, the court shall set a date, not sooner than 60 days after the date the notice was sent, by which electing cotenants must pay their apportioned price into the court. After this date, the following rules apply:
(a) If all electing cotenants timely pay their apportioned price into court, the court shall issue an order reallocating all the interests of the cotenants and disburse the amounts held by the court to the persons entitled to them.
(b) If no electing cotenant timely pays its apportioned price, the court shall resolve the partition action under RCW 7.54.060 (1) and (2) as if the interests of the cotenants that requested partition by sale were not purchased.
(c) If one or more but not all of the electing cotenants fail to pay their apportioned price on time, the court, on motion, shall give notice to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest.
(6) Not later than 20 days after the court gives notice pursuant to subsection (5)(c) of this section, any cotenant that paid may elect to purchase all of the remaining interest by paying the entire price into the court. After the 20-day period, the following rules apply:
(a) If only one cotenant pays the entire price for the remaining interest, the court shall issue an order reallocating the remaining interest to that cotenant. The court shall issue promptly an order reallocating the interests of all of the cotenants and disburse the amounts held by it to the persons entitled to them.
(b) If no cotenant pays the entire price for the remaining interest, the court shall resolve the partition action under RCW 7.54.060 (1) and (2) as if the interests of the cotenants that requested partition by sale were not purchased.
(c) If more than one cotenant pays the entire price for the remaining interest, the court shall reapportion the remaining interest among those paying cotenants, based on each paying cotenant's original fractional ownership of the entire parcel divided by the total original fractional ownership of all cotenants that paid the entire price for the remaining interest. The court shall issue promptly an order reallocating all of the cotenants' interests, disburse the amounts held by it to the persons entitled to them, and promptly refund any excess payment held by the court.
(7) Not later than 45 days after the court sends notice to the parties pursuant to subsection (1) of this section, any cotenant entitled to buy an interest under this section may request the court to authorize the sale as part of the pending action of the interests of cotenants named as defendants and served with the complaint but that did not appear in the action.
(8) If the court receives a timely request under subsection (7) of this section, the court, after hearing, may deny the request or authorize the requested additional sale on such terms as the court determines are fair and reasonable, subject to the following limitations:
(a) A sale authorized under this subsection may occur only after the purchase prices for all interests subject to sale under subsections (1) through (6) of this section have been paid into court and those interests have been reallocated among the cotenants as provided in those subsections; and
(b) The purchase price for the interest of a nonappearing cotenant is based on the court's determination of value under RCW 7.54.040.
[ 2023 c 6 s 107.]

catchline: Cotenant buyout.


title: RCW 7.54.060

text:
(1) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to RCW 7.54.050, or if after conclusion of the buyout under RCW 7.54.050, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in RCW 7.54.070, finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.
(2) If the court does not order partition in kind under subsection (1) of this section, the court shall order partition by sale pursuant to RCW 7.54.080 or, if no cotenant requested partition by sale, the court shall dismiss the action.
(3) If the court orders partition in kind pursuant to subsection (1) of this section, the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.
(4) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to RCW 7.54.050, a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property shall remain undivided.
[ 2023 c 6 s 108.]

catchline: Partition alternatives.


title: RCW 7.54.070

text:
(1) In determining under RCW 7.54.060(1) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following:
(a) Whether the heirs property practicably can be divided among the cotenants;
(b) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;
(c) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;
(d) A cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;
(e) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;
(f) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and
(g) Any other relevant factor.
(2) The court may not consider any one factor in subsection (1) of this section to be dispositive without weighing the totality of all relevant factors and circumstances.
[ 2023 c 6 s 109.]

catchline: Considerations for partition in kind.


title: RCW 7.54.080

text:
(1) If the court orders a sale of heirs property, the sale must be an open market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.
(2) If the court orders an open market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.
(3) If the broker appointed under subsection (2) of this section obtains within a reasonable time an offer to purchase the property for at least the determination of value:
(a) The broker shall comply with the reporting requirements in RCW 7.54.090; and
(b) The sale may be completed in accordance with state law other than this chapter.
(4) If the broker appointed under subsection (2) of this section does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may:
(a) Approve the highest outstanding offer, if any;
(b) Redetermine the value of the property and order that the property continue to be offered for an additional time; or
(c) Order that the property be sold by sealed bids or at an auction.
(5) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted under chapter 7.52 RCW.
(6) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
[ 2023 c 6 s 110.]

catchline: Open market sale, sealed bids, or auction.


title: RCW 7.54.090

text:
(1) Unless required to do so within a shorter time under chapter 7.52 RCW, a broker appointed under RCW 7.54.080(1) to offer heirs property for open market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under RCW 7.54.040 or 7.54.080.
(2) The report required by subsection (1) of this section must contain the following information:
(a) A description of the property to be sold to each buyer;
(b) The name of each buyer;
(c) The proposed purchase price;
(d) The terms and conditions of the proposed sale, including the terms of any owner financing;
(e) The amounts to be paid to lienholders;
(f) A statement of contractual or other arrangements or conditions of the broker's commission; and
(g) Other material facts relevant to the sale.
[ 2023 c 6 s 111.]

catchline: Report of open market sale.


title: RCW 7.54.100

text:
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2023 c 6 s 112.]

catchline: Uniformity of application and construction.


title: RCW 7.54.110

text:
This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2023 c 6 s 113.]

catchline: Relation to electronic signatures in global and national commerce act.


title: RCW 7.54.120

text:
(1) This chapter applies to partition actions filed on or after July 23, 2023.
(2) In an action to partition real property under chapter 7.52 RCW, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this chapter unless all of the cotenants otherwise agree in a record.
(3) This chapter supplements chapter 7.52 RCW and, if an action is governed by this chapter, replaces provisions of chapter 7.52 RCW that are inconsistent with this chapter.
[ 2023 c 6 s 103.]

catchline: Application.


title: RCW 7.54.900

text:
RCW 7.54.010 through 7.54.120 may be known and cited as the uniform partition of heirs property act.
[ 2023 c 6 s 101.]

catchline: Short title.


title: RCW 7.56.010

text:
An information may be filed against any person or corporation in the following cases:
(1) When any person shall usurp, intrude upon, or unlawfully hold or exercise any public office or franchise within the state, or any office in any corporation created by the authority of the state.
(2) When any public officer shall have done or suffered any act, which, by the provisions of law, shall work a forfeiture of his or her office.
(3) When several persons claim to be entitled to the same office or franchise, one information may be filed against any or all such persons in order to try their respective rights to the office or franchise.
(4) When any association or number of persons shall act within this state as a corporation, without being legally incorporated.
(5) Or where any corporation do, or omit acts which amount to a surrender or a forfeiture of their rights and privileges as a corporation, or where they exercise powers not conferred by law.
[ 2011 c 336 s 236; Code 1881 s 702; 1877 p 143 s 706; 1854 p 216 s 468; RRS s 1034.]

catchline: Against whom information may be filed.


title: RCW 7.56.020

text:
The information may be filed by the prosecuting attorney in the superior court of the proper county, upon his or her own relation, whenever he or she shall deem it his or her duty to do so, or shall be directed by the court or other competent authority, or by any other person on his or her own relation, whenever he or she claims an interest in the office, franchise, or corporation which is the subject of the information.
[ 2011 c 336 s 237; Code 1881 s 703; 1877 p 143 s 707; 1854 p 216 s 469; RRS s 1035.]

catchline: Who may file.


title: RCW 7.56.030

text:
The information shall consist of a plain statement of the facts which constitute the grounds of the proceedings, addressed to the court.
[Code 1881 s 704; 1877 p 143 s 708; 1854 p 216 s 470; RRS s 1036.]

catchline: Contents of information.


title: RCW 7.56.040

text:
Whenever an information shall be filed against a person for usurping an office, by the prosecuting attorney, he or she shall also set forth therein the name of the person rightfully entitled to the office, with an averment of his or her right thereto; and when filed by any other person he or she shall show his or her interest in the matter, and he or she may claim the damages he or she has sustained.
[ 2011 c 336 s 238; Code 1881 s 705; 1877 p 143 s 709; 1854 p 216 s 471; RRS s 1037.]

catchline: Information for usurping office—Requisites—Damages.


title: RCW 7.56.050

text:
Whenever an information is filed, a notice signed by the relator shall be served and returned, as in other actions. The defendant shall appear and answer, or suffer default, and subsequent proceeding be had as in other cases.
[Code 1881 s 706; 1877 p 144 s 710; 1854 p 217 s 472; RRS s 1038.]

catchline: Notice—Pleadings—Proceedings.


title: RCW 7.56.060

text:
In every case wherein the right to an office is contested, judgment shall be rendered upon the rights of the parties, and for the damages the relator may show himself or herself entitled to, if any, at the time of the judgment.
[ 2011 c 336 s 239; Code 1881 s 707; 1877 p 144 s 711; 1854 p 217 s 473; RRS s 1039.]

catchline: Judgment.


title: RCW 7.56.070

text:
If judgment be rendered in favor of the relator, he or she shall proceed to exercise the functions of the office, after he or she has been qualified as required by law, and the court shall order the defendant to deliver over all books and papers in his or her custody or within his or her power, belonging to the office from which he or she has been ousted.
[ 2011 c 336 s 240; Code 1881 s 708; 1877 p 144 s 712; 1854 p 217 s 474; RRS s 1040.]

catchline: Judgment for relator—Ouster of defendant.


title: RCW 7.56.080

text:
If the defendant shall refuse or neglect to deliver over the books and papers pursuant to the order, the court or judge thereof shall enforce the order by attachment and imprisonment.
[Code 1881 s 709; 1877 p 144 s 713; 1854 p 217 s 475; RRS s 1041.]

catchline: Delivery of books and papers—Enforcement of order.


title: RCW 7.56.090

text:
When judgment is rendered in favor of the plaintiff, he or she may, if he or she has not claimed his or her damages in the information, have his or her action for the damages at any time within one year after the judgment.
[ 2011 c 336 s 241; Code 1881 s 710; 1877 p 144 s 714; 1854 p 217 s 476; RRS s 1042.]

catchline: Action for damages—Limitation.


title: RCW 7.56.100

text:
Whenever any defendant shall be found guilty of any usurpation of or intrusion into, or unlawfully exercising any office or franchise within this state, or any office in any corporation created by the authority of this state, or when any public officer thus charged shall be found guilty of having done or suffered any act which by the provisions of the law shall work a forfeiture of his or her office, or when any association or number of persons shall be found guilty of having acted as a corporation without having been legally incorporated, the court shall give judgment of ouster against the defendant or defendants, and exclude him, her, or them from the office, franchise, or corporate rights, and in case of corporations that the same shall be dissolved, and the court shall adjudge costs in favor of the plaintiff.
[ 2011 c 336 s 242; Code 1881 s 711; 1877 p 144 s 715; 1854 p 217 s 478; RRS s 1043.]

catchline: Judgment of ouster or forfeiture.


title: RCW 7.56.110

text:
If judgment be rendered against any corporation or against any persons claiming to be a corporation, the court may cause the costs to be collected by executions against the persons claiming to be a corporation or by attachment against the directors or other officers of the corporation, and shall restrain the corporation, take an account, and make a distribution thereof among the creditors. The prosecuting attorney shall immediately institute proceedings for that purpose.
[ 2004 c 165 s 38; Code 1881 s 712; 1877 p 144 s 716; 1854 p 217 s 479; RRS s 1044.]
Notes:
Purpose—Captions not law—2004 c 165: See notes following RCW 7.60.005.


title: RCW 7.56.120

text:
Whenever any property shall be forfeited to the state for its use, the legal title shall be deemed to be in the state from the time of the forfeiture, and an information may be filed by the prosecuting attorney in the superior court for the recovery of the property, alleging the ground on which the recovery is claimed, and like proceedings and judgment shall be had as in civil action for the recovery of the property.
[Code 1881 s 713; 1877 p 145 s 717; 1854 p 218 s 480; RRS s 1045.]
Notes:
Escheats: Chapter 11.08 RCW.
Revised uniform unclaimed property act: Chapter 63.30 RCW.

catchline: Action to recover forfeited property.


title: RCW 7.56.130

text:
When an information is filed by the prosecuting attorney, he or she shall not be liable for the costs, but when it is filed upon the relation of a private person such person shall be liable for costs unless the same are adjudged against the defendant.
[ 2011 c 336 s 243; Code 1881 s 714; 1877 p 145 s 718; 1854 p 218 s 481; RRS s 1046.]

catchline: Costs.


title: RCW 7.56.140

text:
An information may be prosecuted for the purpose of annulling or vacating any letters patent, certificate, or deed, granted by the proper authorities of this state, when there is reason to believe that the same were obtained by fraud or through mistake or ignorance of a material fact, or when the patentee or those claiming under him or her have done or omitted an act in violation of the terms on which the letters, deeds or certificates were granted, or have by any other means forfeited the interests acquired under the same.
[ 2011 c 336 s 244; Code 1881 s 715; 1877 p 145 s 719; 1854 p 218 s 482; RRS s 1047.]

catchline: Information to annul patent, certificate, or deed.


title: RCW 7.56.150

text:
In such cases, the information may be filed by the prosecuting attorney upon his or her relation, or by any private person upon his or her relation showing his or her interest in the subject matter; and the subsequent proceedings, judgment of the court and awarding of costs, shall conform to the above provisions, and such letters patent, deed, or certificate shall be annulled or sustained, according to the right of the case.
[ 2011 c 336 s 245; Code 1881 s 716; 1877 p 145 s 720; 1854 p 218 s 483; RRS s 1048.]

catchline: Proceedings to annul.