title: RCW 58.19.045

text:
(1) A developer shall prepare a public offering statement conforming to the requirements of RCW 58.19.055 unless the development or the transaction is exempt under RCW 58.19.030.
(2) Any agent, attorney, or other person assisting the developer in preparing the public offering statement may rely upon information provided by the developer without independent investigation. The agent, attorney, or other person shall not be liable for any material misrepresentation in or omissions of material facts from the public offering statement unless the person had actual knowledge of the misrepresentation or omission at the time the public offering statement was prepared. The developer shall be liable for any misrepresentation contained in the public offering statement or for any omission of material fact therefrom if the developer had actual knowledge of the misrepresentation or omission or, in the exercise of reasonable care, should have known of the misrepresentation or omission.
(3) Unless the development or the transaction is exempt under RCW 58.19.030, a developer shall provide a purchaser of a lot, parcel, unit, or interest with a copy of the public offering statement and all material amendments thereto before conveyance of that lot, parcel, unit, or interest. Unless a purchaser is given the public offering statement more than two days before execution of a contract for the purchase of a lot, parcel, unit, or interest, the purchaser, before conveyance, shall have the right to cancel the contract within two days after first receiving the public offering statement and, if necessary to have two days to review the public offering statement and cancel the contract, to extend the closing date for conveyance to a date not more than two days after first receiving the public offering statement. The purchaser shall have no right to cancel the contract upon receipt of an amendment unless the purchaser would have that right under generally applicable legal principles. The two-day period shall not include Saturdays, Sundays, or legal holidays.
(4) If a purchaser elects to cancel a contract pursuant to subsection (3) of this section, the purchaser may do so by hand-delivering notice thereof to the developer or by mailing notice thereof by prepaid United States mail to the developer for service of process. If cancellation is by mailing notice, the date of the postmark on the mail shall be the official date of cancellation. Cancellation is without penalty, and all payments made by the purchaser before cancellation shall be refunded within thirty days from the date of cancellation.
(5) If a person required to deliver a public offering statement pursuant to subsection (1) of this section fails to provide a purchaser to whom a lot, parcel, unit, or interest is conveyed with that public offering statement and all material amendments thereto as required by subsection (3) of this section, the purchaser is entitled to receive from that person an amount equal to the actual damages suffered by the purchaser as a result of the public offering statement not being delivered. There shall be no liability for failure to deliver any amendment unless such failure would have entitled the purchaser under generally applicable legal principles to cancel the contract for the purchase of the lot, parcel, unit, or interest had the undisclosed information been evident to the purchaser before the closing of the purchase.
(6) A purchaser may not rely on any representation or express warranty unless it is contained in the public offering statement or made in writing signed by the developer or developer's agent identified in the public offering statement.
[ 1992 c 191 s 4.]

catchline: Public offering statement—Developer's duties—Purchaser's rights. (Effective until January 1, 2028.)


doc_type: statute

jurisdiction: wa

title: RCW 58.19.055

text:
(1) A public offering statement shall contain the following information:
(a) The name, and the address or approximate location, of the development;
(b) The name and address of the developer;
(c) The name and address of the management company, if any, for the development;
(d) The relationship of the management company to the developer, if any;
(e) The nature of the interest being offered for sale;
(f) A brief description of the permitted uses and use restrictions pertaining to the development and the purchaser's interest therein;
(g) The number of existing lots, parcels, units, or interests in the development and either the maximum number that may be added to the development or the fact that such maximum number has not yet been determined;
(h) A list of the principal common amenities in the development which materially affect the value of the development and those that will or may be added to the development;
(i) The identification of any real property not in the development, the owner of which has access to any of the development, and a description of the terms of such access;
(j) The identification of any real property not in the development to which owners in the development have access and a description of the terms of such access;
(k) The status of construction of improvements in the development, including either the estimated dates of completion if not completed or the fact that such estimated completion dates have not yet been determined; and the estimated costs, if any, to be paid by the purchaser;
(l) The estimated current owners' association expense, if any, for which a purchaser would be liable;
(m) An estimate of any payment with respect to any owners' association expense for which the purchaser would be liable at closing;
(n) The estimated current amount and purpose of any fees not included in any owners' association assessments and charged by the developer or any owners' association for the use of any of the development or improvements thereto;
(o) Any assessments which have been agreed to or are known to the developer and which, if not paid, may constitute a lien against any portion of the development in favor of any governmental agency;
(p) The identification of any parts of the development which any purchaser will have the responsibility for maintaining;
(q) A brief description of any blanket encumbrance which is subject to the provisions of RCW 58.19.180;
(r) A list of any physical hazards known to the developer which particularly affect the development or the immediate vicinity in which the development is located and which are not readily ascertainable by the purchaser;
(s) A brief description of any construction warranties to be provided to the purchaser;
(t) Any building code violation citations received by the developer in connection with the development which have not been corrected;
(u) A statement of any unsatisfied judgments or pending suits against any owners' association involved in the development and a statement of the status of any pending suits material to the development of which the developer has actual knowledge;
(v) A notice which describes a purchaser's right to cancel the purchase agreement or extend the closing under RCW 58.19.045(3), including applicable time frames and procedures;
(w) A list of the documents which the prospective purchaser is entitled to receive from the developer before the rescission period commences;
(x) A notice which states:
"A purchaser may not rely on any representation or express warranty unless it is contained in the public offering statement or made in writing signed by the developer or by any person identified in the public offering statement as the declarant's agent";
(y) A notice which states:
"This public offering statement is only a summary of some of the significant aspects of purchasing an interest in this development and any documents which may govern or affect the development may be complex, may contain other important information, and create binding legal obligations. You should consider seeking assistance of legal counsel"; and
(z) Any other information and cross-references which the developer believes will be helpful in describing the development to the recipients of the public offering statement, all of which may be included or not included at the option of the developer.
(2) The public offering statement shall include copies of each of the following documents: Any declaration of covenants, conditions, restrictions, and reservations affecting the development; any survey, plat, or subdivision map; the articles of incorporation of any owners' association; the bylaws of any owners' association; the rules and regulations, if any, of any owners' association; current or proposed budget for any owners' association; and the balance sheet of any owners' association current within ninety days if assessments have been collected for ninety days or more.
If any of the foregoing documents listed in this subsection are not available because they have not yet been executed, adopted, or recorded, drafts of such documents shall be provided with the public offering statement, and, before closing the sale of an interest in the development, the purchaser shall be given copies of any material changes between the draft of the proposed documents and the final documents.
(3) The disclosures required by subsection (1)(v), (x), and (y) of this section shall be located at the top of the first page of the public offering statement and be typed or printed in ten-point boldface type size.
[ 1992 c 191 s 5.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Public offering statement—Contents. (Effective until January 1, 2028.)

code: rcw

unit: section

court: Washington State Legislature


title: RCW 58.19.120

text:
The developer shall immediately amend the public offering statement to include any material changes affecting the development. No change in the substance of the promotional plan or plan of disposition or completion of the development may be made without first making an appropriate amendment of the public offering statement. A public offering statement is not current unless it incorporates all amendments.
[ 1992 c 191 s 6; 1973 1st ex.s. c 12 s 12.]

catchline: Report of changes required—Amendments. (Effective until January 1, 2028.)


title: RCW 58.19.130

text:
No portion of the public offering statement form may be underscored, italicized, or printed in larger or heavier or different color type than the remainder of the statement unless the director so requires.
[ 1973 1st ex.s. c 12 s 13.]

catchline: Public offering statement form—Type and style restriction. (Effective until January 1, 2028.)


title: RCW 58.19.140

text:
The public offering statement shall not be used for any promotional purposes. It may not be distributed to prospective purchasers before registration of the development and may be distributed afterwards only when it is used in its entirety. No person may advertise or represent that the state of Washington or the director, the department, or any employee thereof approves or recommends the development or disposition thereof.
[ 1973 1st ex.s. c 12 s 14.]

catchline: Public offering statement—Promotional use, distribution restriction—Holding out that state or employees, etc., approve development prohibited. (Effective until January 1, 2028.)


title: RCW 58.19.180

text:
It shall be unlawful for the developer to make a sale of lots or parcels within a development which is subject to a blanket encumbrance which does not contain, within its terms or by supplementary agreement, a provision which shall unconditionally provide that the purchaser of a lot or parcel encumbered thereby can obtain the legal title, or other interest contracted for, free and clear of the lien of such blanket encumbrance upon compliance with the terms and conditions of the purchase agreement, unless the developer shall elect and comply with one of the following alternative conditions:
(1) The developer shall deposit earnest moneys and all subsequent payments on the obligation in a neutral escrow depository, or real estate trust account regulated under *RCW 18.85.310, until such time as all payments on the obligation have been made and clear title is delivered, or any of the following occurs:
(a) A proper release is obtained from such blanket encumbrance;
(b) Either the developer or the purchaser defaults under the sales contract and there is a forfeiture of the interest of the purchaser or there is a determination as to the disposition of such moneys, as the case may be; or
(c) The developer orders a return of such moneys to such purchaser.
(2) The title to the development is held in trust under an agreement of trust until the proper release of such blanket encumbrance is obtained.
(3) The purchaser shall receive title insurance from a licensed title insurance company against such blanket encumbrance.
[ 1992 c 191 s 7; 1973 1st ex.s. c 12 s 18.]
Notes:
*Reviser's note: RCW 18.85.310 was recodified as RCW 18.85.285 pursuant to 2008 c 23 s 49, effective July 1, 2010.

catchline: Unlawful to sell lots or parcels subject to blanket encumbrance which does not provide purchaser can obtain clear title—Alternatives. (Effective until January 1, 2028.)


title: RCW 58.19.185

text:
It shall be unlawful for the developer to sell a lot or parcel within a development if the terms of the sale require that the purchaser pay any sum in addition to the purchase price for constructing, completing, or maintaining improvements to the development unless the sums are to be paid directly to:
(1) A governmental agency;
(2) A person who is not affiliated with the developer, in trust, and on terms acceptable to the director; or
(3) An association comprised solely of persons who have purchased lots in the development, or their assignees.
The terms which require the payment of any additional sum shall be set forth in the public offering statement.
[ 1977 ex.s. c 252 s 1.]

catchline: Requiring purchaser to pay additional sum to construct, complete or maintain development. (Effective until January 1, 2028.)


title: RCW 58.19.190

text:
No person shall publish in this state any advertisement concerning a development subject to the requirements of this chapter which contains any statements that are materially false, misleading, or deceptive.
[ 1992 c 191 s 8; 1973 1st ex.s. c 12 s 19.]

catchline: Advertising—Materially false, misleading, or deceptive statements prohibited. (Effective until January 1, 2028.)


title: RCW 58.19.265

text:
If a developer, or any other person subject to this chapter, fails to comply with any provision of this chapter, any person or class of persons adversely affected by the failure to comply may seek appropriate relief through an action for damages or an injunctive court order. The court, in an appropriate case, may award attorneys' fees.
[ 1992 c 191 s 9.]

catchline: Violations—Remedies—Attorneys' fees. (Effective until January 1, 2028.)


title: RCW 58.19.270

text:
(1) The commission by any person of an act or practice prohibited by this chapter is hereby declared to be a matter affecting the public interest for the purpose of applying chapter 19.86 RCW and is not reasonable in relation to the development and preservation of business. A violation of this chapter constitutes an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce for the purpose of the attorney general bringing an action in the name of the state under the consumer protection act, pursuant to RCW 19.86.080.
(2) Evidence concerning violations of this chapter may be referred to the attorney general, who may, in his or her discretion, with or without such a reference, in addition to any other action the attorney general might commence, bring an action in the name of the state against any person to restrain and prevent the doing of any act or practice prohibited by this chapter. This chapter shall be considered in conjunction with chapters 9.04 and 19.86 RCW, and the powers and duties of the attorney general as such powers and duties appear in chapters 9.04 and 19.86 RCW shall apply against all persons subject to this chapter.
(3) Only the attorney general can bring an action under the consumer protection act, chapter 19.86 RCW, pursuant to this section.
[ 1992 c 191 s 10; 1973 1st ex.s. c 12 s 27.]

catchline: Violations deemed unfair practice subject to chapter 19.86 RCW. (Effective until January 1, 2028.)


title: RCW 58.19.280

text:
Dispositions of an interest in a development are subject to this chapter, and the superior courts of this state have jurisdiction in claims or causes of action arising under this chapter, if:
(1) The interest in a development offered for disposition is located in this state;
(2) The developer maintains an office in this state; or
(3) Any offer or disposition of an interest in a development is made in this state, whether or not the offeror or offeree is then present in this state, if the offer originates within this state or is directed by the offeror to a person or place in this state and received by the person or at the place to which it is directed.
[ 1973 1st ex.s. c 12 s 28.]

catchline: Jurisdiction of superior courts. (Effective until January 1, 2028.)


title: RCW 58.19.300

text:
If, before disposition of all or any portion of a development which is covered by this chapter, a condition constituting a physical hazard is discovered on or around the immediate vicinity of the development, the developer or government agency discovering such condition shall notify the purchasers of the affected lands either by transmitting notice through the appropriate county assessor's office or such other steps as might reasonably give actual notice to the purchasers.
[ 1992 c 191 s 11; 1973 1st ex.s. c 12 s 30.]

catchline: Hazardous conditions—Notice. (Effective until January 1, 2028.)


title: RCW 58.19.920

text:
The provisions of this chapter shall be construed liberally so as to give effect to the purposes stated in RCW 58.19.010.
[ 1973 1st ex.s. c 12 s 33.]

catchline: Liberal construction. (Effective until January 1, 2028.)


title: RCW 58.19.940

text:
This chapter may be cited as the land development act.
[ 1992 c 191 s 12; 1973 1st ex.s. c 12 s 35.]

catchline: Short title. (Effective until January 1, 2028.)


title: RCW 58.20.111

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Metadata" means data that describes other data. For the purposes of this chapter, metadata means geodetic reference system utilized, applicable epoch, statement of relative accuracy, and date of observation at a minimum. Additional metadata is encouraged if it adds value.
(2) "NGS" means the national ocean service's national geodetic survey of the national oceanic and atmospheric administration, United States department of commerce, or its successor.
(3) "NSRS" means the national spatial reference system or its successor.
(4) "WPCS" means the Washington plane coordinate system, the system of plane coordinates under this chapter that is identical to the state plane coordinate system as defined for the state of Washington by NGS.
[ 2020 c 50 s 1.]

catchline: Definitions.


title: RCW 58.20.121

text:
The most recent version of the state plane coordinate system for the state of Washington, which has been established by NGS, based on the NSRS, for defining and stating the positions or locations of points on the surface of the earth within the state of Washington must be known as the "Washington plane coordinate system."
[ 2020 c 50 s 2.]

catchline: Washington plane coordinate system.


title: RCW 58.20.140

text:
The Washington plane coordinate system shall be named, and in any land description in which it is used it shall be designated, the "Washington plane coordinate system," and the zone used must be specified.
[ 2020 c 50 s 3; 1989 c 54 s 12.]

catchline: Designation of system—Zones.


title: RCW 58.20.145

text:
(1) The plane coordinates of a point on the earth's surface, to be used in expressing the position or location of the point in the appropriate zone of the WPCS, consist of two distances, expressed in feet and decimals of a foot or meters and decimals of a meter, along with the metadata of the observations used to determine the coordinates. One of these distances, to be known as the "east x-coordinate," must give the distance east of the Y axis; the other, to be known as the "north y-coordinate," must give the distance north of the X axis. The Y axis of any zone must be parallel with the central meridian of that zone. The X axis of any zone must be at right angles to the central meridian of that zone.
(2) Height is the coordinate value of the vertical elements of the NSRS expressed as feet or meters and identified as ellipsoid height or orthometric height.
[ 2020 c 50 s 4.]

catchline: Plane coordinates.


title: RCW 58.20.160

text:
When any tract of land to be defined by a single description extends from one coordinate zone into other zones, the positions of all points on its boundaries must be referred to only one of the zones, the zone which is used being specifically named in the description along with the metadata of the observations.
[ 2020 c 50 s 5; 1989 c 54 s 14.]

catchline: Tracts in more than one zone.


title: RCW 58.20.165

text:
The official geodetic datums to which geodetic coordinates including, but not limited to, latitude, longitude, ellipsoid height, orthometric height, or dynamic height are referenced within the state of Washington must be as defined for the NSRS.
[ 2020 c 50 s 6.]

catchline: Geodetic datums.


title: RCW 58.20.180

text:
Coordinates based on the Washington plane coordinate system, purporting to define the position of a point on a land boundary, may be presented to be recorded in any public land records or deed records. The method and source for establishing coordinates shall be described in the land or deed record. In all instances where reference has been made to such coordinates in land surveys or deeds, the combined factors shall be stated for the survey lines used in computing ground distances and areas, along with the metadata of the observations.
[ 2020 c 50 s 7; 1989 c 54 s 16.]

catchline: Recording coordinates.


title: RCW 58.20.185

text:
When the values are expressed in feet, one foot equals 0.3048 meters, must be used as the standard foot for WPCS.
[ 2020 c 50 s 8.]

catchline: Standard value—One foot.


title: RCW 58.20.200

text:
The use of the term "Washington plane coordinate system" on any map, report of survey, or other document, shall be limited to coordinates based on the Washington plane coordinate system as defined in this chapter.
[ 2020 c 50 s 9; 1989 c 54 s 18.]

catchline: Term—Limited use.


title: RCW 58.20.205

text:
The provisions of this chapter may not be construed to prohibit the appropriate use of other datums, other geodetic reference networks or systems, or other plane coordinate systems. Any other such datums, networks, or systems used must comply fully with the information requirements for the Washington plane coordinate system. This includes, but is not limited to: The source of the datum, network, or system; metadata of the observations; factor used to convert from meters to feet; and combined factors applied to land boundary lines used in land surveys or deeds to compute ground distances or areas.
[ 2020 c 50 s 12.]

catchline: Datum conflicts.


title: RCW 58.20.210

text:
Whenever coordinates based on the Washington plane coordinate system are used to describe any tract of land which in the same document is also described by reference to any subdivision, line or corner of the United States public land surveys, the description by coordinates shall be construed as supplemental to the basic description of such subdivision, line, or corner contained in the official plats and field notes filed of record, and in the event of any conflict the description by reference to the subdivision, line, or corner of the United States public land surveys shall prevail over the description by coordinates.
[ 2020 c 50 s 10; 1989 c 54 s 19.]

catchline: United States survey prevails—Conflict.


title: RCW 58.20.220

text:
Nothing contained in this chapter shall require any purchaser or mortgagee to rely on a description, any part of which depends exclusively upon the Washington plane coordinate system.
[ 2020 c 50 s 11; 1989 c 54 s 20.]

catchline: Real estate transactions—Exemption.


title: RCW 58.20.901

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.
[ 1989 c 54 s 21.]

catchline: Severability—1989 c 54.


title: RCW 58.22.010

text:
It is the intent of the legislature to establish a coordinated system of state base maps to assist all levels of government to more effectively provide the information to meet their responsibilities for resource planning and management.
It is further the legislature's intent to eliminate duplication, to insure compatibility, and to create coordination through a uniform base which all agencies will use.
It is in the interest of all citizens in the state of Washington that a state base mapping system be established to make essential base maps available at cost to all users, both public and private.
[ 1973 1st ex.s. c 159 s 1.]

catchline: Legislative intent.


title: RCW 58.22.020

text:
The department of natural resources shall establish and maintain a state base mapping system. The standards for the state base mapping system shall be:
(1) A series of fifteen minute United States geological survey quadrangle map separates at a scale of one to 48,000 (one inch equals 4,000 feet) covering the entire state;
(2) A series of seven and one-half minute United States geological survey quadrangle map separates at a scale of one to 24,000 (one inch equals 2,000 feet) for urban areas; including but not limited to those identified as urban by the state department of transportation for the United States department of transportation.
All features and symbols added to the quadrangle separates shall meet as nearly as is practical national map accuracy standards and specifications as defined by the United States geological survey for their fifteen minute and seven and one-half minute quadrangle map separates.
Each quadrangle shall be revised by the department of natural resources as necessary to reflect current conditions.
[ 1984 c 7 s 367; 1973 1st ex.s. c 159 s 2.]


title: RCW 58.22.030

text:
Any state agency purchasing or acquiring United States geological survey quadrangle map separates shall do so through the department of natural resources.
[ 1973 1st ex.s. c 159 s 3.]

catchline: United States geological survey quadrangle map separates—Acquisition by state agencies.


title: RCW 58.22.040

text:
The department of natural resources shall be the primary depository of all United States geological survey quadrangle map separates for state agencies: PROVIDED, That any state agency may maintain duplicate copies.
[ 1973 1st ex.s. c 159 s 4.]

catchline: United States geological survey quadrangle map separates—State depository.


title: RCW 58.22.050

text:
(1) All United States geological survey quadrangle map separates shall be available at cost to all state agencies, local agencies, the federal government, and any private individual or company through duplication and purchase.
The department shall coordinate all requests for the use of United States geological survey quadrangle map separates and shall provide advice on how to best use the system.
(2) The department shall maintain a catalogue showing all United States geological survey quadrangle map separates available. The department shall also catalogue information describing additional separates or products created by users. Copies of maps made for any state or local agency shall be available to any other state or local agency.
[ 1973 1st ex.s. c 159 s 5.]

catchline: Availability of map separates—Powers and duties of department.


title: RCW 58.24.010

text:
It is the responsibility of the state to provide a means for the identification and preservation of survey points for the description of common land boundaries in the interest of the people of the state. There is a necessity for the adoption and maintenance of a system of permanent reference as to boundary monuments. The department of natural resources shall be the recognized agency for the establishment of this system.
[ 1987 c 466 s 4; 1982 c 165 s 1; 1951 c 224 s 2.]
Notes:
Severability—1951 c 224: "If any provision of this act shall be declared invalid, such invalidity shall not affect any other portion of this act which can be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable." [ 1951 c 224 s 7.]

catchline: Declaration of necessity.


title: RCW 58.24.020

text:
The department of natural resources is designated as the official agency for surveys and maps. The commissioner of public lands shall appoint an advisory board of five members, the majority of whom shall be registered professional engineers or land surveyors, who shall serve at the pleasure of the commissioner. Members of the board shall serve without salary but are to receive travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended while actively engaged in the discharge of their duties.
[ 1987 c 466 s 5; 1982 c 165 s 2; 1975-'76 2nd ex.s. c 34 s 152; 1951 c 224 s 3.]
Notes:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Severability—1951 c 224: See note following RCW 58.24.010.
Department of natural resources to exercise powers and duties of commissioner of public lands: RCW 43.30.411.

catchline: Official agency designated—Advisory board.


title: RCW 58.24.030

text:
The commissioner of public lands, the department of natural resources, and the advisory board are authorized to cooperate and advise with various departments and subdivisions of the state, counties, municipalities, and registered engineers or land surveyors of the state for the following purposes:
(1) The recovery of section corners or other land boundary marks;
(2) The monumentation of accepted section corners, and other boundary and reference marks; said monumentation shall be adequately connected to adjusted United States coast and geodetic survey triangulation stations and the coordinates of the monuments computed to conform with the *Washington coordinate system in accordance with the provisions of chapter 58.20 RCW, as derived from chapter 168, Laws of 1945;
(3) For facilitation and encouragement of the use of the *Washington state coordinate system; and
(4) For promotion of the use of the level net as established by the United States coast and geodetic survey.
[ 1987 c 466 s 6; 1982 c 165 s 3; 1951 c 224 s 4.]
Notes:
*Reviser's note: The "Washington coordinate system" was renamed the "Washington plane coordinate system" by 2020 c 50.
Severability—1951 c 224: See note following RCW 58.24.010.

catchline: Official agency designated—Powers—Cooperate and advise—Purposes.


title: RCW 58.24.040

text:
The agency designated by RCW 58.24.020 is further authorized to:
(1) Set up standards of accuracy and methods of procedure;
(2) Compile and publish maps and records from surveys performed under the provisions of this chapter, and to maintain suitable indexes of surveys to prevent duplication of effort and to cooperate with all agencies of local, state, and federal government to this end;
(3) Compile and maintain records of all surveys performed under the provisions of this chapter, and assemble and maintain records of all reliable survey monuments and bench marks within the state;
(4) Collect and preserve information obtained from surveys locating and establishing land monuments and land boundaries;
(5) Supervise the sale and distribution of cadastral and geodetic survey data, and such related survey maps and publications as may come into the possession of the department of natural resources. Revenue derived from the sale thereof shall be deposited in the surveys and maps account in the general fund;
(6) Supervise the sale and distribution of maps, map data, photographs, and such publications as may come into the possession of the department of natural resources.
(7) Submit, as part of the biennial report of the commissioner of public lands, a report of the accomplishments of the agency;
(8) Permit the temporary removal or destruction of any section corner or any other land boundary mark or monument by any person, corporation, association, department, or subdivision of the state, county, or municipality as may be necessary or desirable to accommodate construction, mining, and other development of any land: PROVIDED, That such section corner or other land boundary mark or monument shall be referenced to the *Washington coordinate system by a registered professional engineer or land surveyor prior to such removal or destruction, and shall be replaced or a suitable reference monument established by a registered professional engineer or land surveyor within a reasonable time after completion of such construction, mining, or other development: AND PROVIDED FURTHER, That the department of natural resources shall adopt and promulgate reasonable rules and regulations under which the agency shall authorize such temporary removal or destruction and require the replacement of such section corner or other land boundary marks or monuments.
[ 1987 c 466 s 7; 1982 c 165 s 4; 1969 ex.s. c 271 s 25; 1951 c 224 s 6.]
Notes:
*Reviser's note: The "Washington coordinate system" was renamed the "Washington plane coordinate system" by 2020 c 50.
Severability—1951 c 224: See note following RCW 58.24.010.

catchline: Official agency designated—Powers—Standards, maps, records, report, temporary removal of boundary marks or monuments.


title: RCW 58.24.050

text:
All employees who are in responsible charge of work under the provisions of this chapter shall be licensed professional engineers or land surveyors.
[ 1982 c 165 s 5; 1951 c 224 s 5.]
Notes:
Severability—1951 c 224: See note following RCW 58.24.010.

catchline: Employees—Licensed engineers or surveyors.


title: RCW 58.24.060

text:
There is created in the state treasury the surveys and maps account which shall be a separate account consisting of funds received or collected under chapters 43.92, 58.22, and 58.24 RCW, moneys appropriated to it by law. This account shall be used exclusively by the department of natural resources for carrying out the purposes and provisions of chapters 43.92, 58.22, and 58.24 RCW. Appropriations from the account shall be expended for no other purposes.
[ 2015 c 12 s 2; 1991 sp.s. c 13 s 14; 1987 c 466 s 8; 1985 c 57 s 65; 1983 c 272 s 1; 1982 c 165 s 6.]
Notes:
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Effective date—1985 c 57: See note following RCW 18.04.105.

catchline: Surveys and maps account—Purposes.


title: RCW 58.24.070

text:
A fee set by the board of natural resources shall be charged by each county auditor, in addition to any other fees required by law, as a condition precedent to the filing and recording of any surveys, subdivision plats, short plats, and condominium surveys, plats, or maps. Such funds shall be forwarded monthly to the state treasurer to be deposited in the surveys and maps account in the general fund. The fees shall be verified in the same manner as other fees collected by the county auditor. Fees collected under this section shall be expended by the department only for the activities prescribed in this chapter.
[ 1987 c 466 s 9; 1983 c 272 s 2; 1982 c 165 s 7.]
Notes:
Condominium surveys and maps: RCW 64.32.100.
Plats and subdivisions: Chapter 58.17 RCW.

catchline: Fees for filing and recording surveys, plats, or maps—Deposit and use of fees.


title: RCW 58.28.010

text:
It is the duty of the city or town council of any city or town in this state situate upon public lands of the United States or lands, the legal and equitable title to which is in the United States of America, to enter at the proper land office of the United States such quantity of land as the inhabitants of any incorporated city or town may be entitled to claim, in the aggregate, according to their population, in the manner required by the laws of the United States and the regulations prescribed by the secretary of the interior of the United States, and by order entered upon their minutes and proceedings, at a regular meeting, to authorize and direct the mayor and clerk of such council, attested by the corporate seal, to make and sign all necessary declaratory statements, certificates, and affidavits, or other instruments requisite to carry into effect the intentions of this chapter and the intentions of the act of congress of the United States entitled "An act for the relief of the inhabitants of cities and towns upon the public lands," approved March 2, 1867, and all acts of congress amendatory thereof and supplemental thereto, including section sixteen of an act of congress entitled "An act to repeal timber culture laws and for other purposes," approved March 3, 1891, and to make proof, when required, of the facts necessary to establish the claim of such inhabitants to the lands so granted by said acts of congress, and file in the proper United States land office a proper application in writing describing the tracts of land on which such city or town is situate, and make proof and payment for such tracts of land in the manner required by law.
[ 1909 c 231 s 1; RRS s 11485. Prior: 1888 c 124 pp 216-220.]

catchline: Councils' duties when townsites on United States land.


title: RCW 58.28.020

text:
Said council must cause a survey to be made by some competent person, of the lands which the inhabitants of said city or town may be entitled to claim under the said act of congress, located according to the legal subdivisions of the sections and by the section lines of the United States, and the same must be distinctly marked by suitable monuments; such survey must further particularly designate all streets, roads, lanes and alleys, public squares, churches, school lots, cemeteries, commons and levees as the same exist and have been heretofore dedicated in any manner to public use, and by measurement the precise boundaries and area of each, and every lot or parcel of land and premises claimed by any person, corporations or associations within said city or townsite must, as far as known by the surveyor, be designated on the plat, showing the name or names of the possessor or occupants and claimants, and in case of any disputed claim as to lots, lands, premises or boundaries the said surveyor, if the same be demanded by any person, shall designate the lines in different color from the body of the plat of such part of any premises so disputed or claimed adversely.
[ 1909 c 231 s 2; RRS s 11486. Prior: 1888 c 124 pp 216-220.]

catchline: Councils' duties when townsites on United States land—Survey and plat.


title: RCW 58.28.030

text:
A plat thereof must be made in triplicate, on a scale of not less than eighty feet to one inch, which must be duly certified under oath by the surveyor, one of which must be filed with the county auditor of the county wherein the city or town is situated, one must be deposited in the proper United States land office, and one with the city or town clerk. These plats shall be considered public records, and each must be accompanied with a copy of the field notes, and the county auditor must make a record of such plat in a book to be kept by him or her for that purpose, and such county auditor must file a copy of said field notes in his or her office. The said surveyor must number the blocks as divided by the roads, highways, and streets opened and generally used, and for which a public necessity exists at the time of making such survey, and must number the several lots consecutively in each block, and all other parcels of land within said town or city surveyed as herein provided, which said numbers must be a sufficient description of any parcel of land in said plats. Said survey and plat thereof shall conform as near as may be to the existing rights, interests, and claims of the occupants thereof, but no lot in the central or business portion of such city or town shall exceed in area four thousand, two hundred square feet, and no suburban lot in such city or town shall exceed two acres in area.
[ 2010 c 8 s 18006; 1909 c 231 s 3; RRS s 11487. Prior: 1888 c 124 pp 216-220.]

catchline: Councils' duties when townsites on United States land—Plats—Filing.


title: RCW 58.28.040

text:
Before proceeding to make such survey, at least ten days' notice thereof must be given, by posting within the limits of such city or townsite, not less than five written or printed notices of the time when such survey shall commence, or by publication thereof in a newspaper published in the city or town, if one there be. The survey of said city or town lands must be made to the best advantage and at the least expense to the holders, claimants and occupants thereof; and the council is hereby authorized and directed to receive bids for such surveying, and to let the same by contract to the lowest competent bidder: PROVIDED, That the possessors, owners and claimants of waterworks, electric light, telegraph, telephone, pipe or power lines, sewers and like or similar property located in such roads, streets, alleys and other public places in such cities and towns shall be maintained and protected in the same, as the same shall exist at the time of the entry in the United States land office of the land embracing such city or town, and the right to continue to use such property for the purposes for which said property was intended, is hereby acknowledged and confirmed.
[ 1909 c 231 s 4; RRS s 11488. Prior: 1888 c 124 pp 216-220.]

catchline: Councils' duties when townsites on United States land—Survey, notice of—Bids for—Franchises continued.


title: RCW 58.28.050

text:
Such plat must show as follows:
(1) All streets, alleys, avenues, roads and highways, and the width thereof.
(2) All parks, squares and all other grounds reserved for public uses, with the boundaries and dimensions thereof.
(3) All lots and blocks, with their boundaries, designating such lots and blocks by numbers, and giving the dimensions of every lot.
(4) The angles of intersection of all boundary lines of the lots and block, whenever the angle of intersection is not a right angle.
(5) The location of all stone or iron monuments set to establish street lines.
(6) The exterior boundaries of the piece of land so platted, giving such boundaries by true courses and distances.
(7) The location of all section corners, quarter section or meander corners of sections within the limits of said plat.
(8) In case no such section or quarter section or meander corners are within the limits of the plat, it must show a connection line to some corner or initial point of the government surveys, or a government mineral monument, if there be any within one mile of such townsite. All distances marked on the plat must be in feet and decimals of a foot.
[ 1909 c 231 s 5; RRS s 11489. Prior: 1888 c 124 pp 216-220.]

catchline: Contents of plat.


title: RCW 58.28.060

text:
Such surveyor must mark all corners of blocks or lots shown on the plat by substantial stakes or monuments, and must set stone or iron monuments at the points of intersection of the center lines of all the streets, where practicable, or as near as possible to such points, and their location must be shown by marking on the plat the distances to the block corners adjacent thereto. The top of such monument must be placed one foot below the surface of the ground, and in size must be at least six inches by six inches by six inches, and be placed in the ground to the depth of one foot.
[ 1909 c 231 s 6; RRS s 11490. Prior: 1888 c 124 pp 216-220.]


title: RCW 58.28.070

text:
If a stone is used as a monument, it must have a cross cut in the top at the point of intersection of the center lines of streets, or a hole may be drilled in the stone to mark such point. If an iron monument is used it must be at least two inches in diameter by two and one-half feet in length, and may be either solid iron or pipe. The dimensions of the monuments must be marked on the plat, and reference thereto made in the field notes, and establish permanently the lines of all the streets. The surveyor must make and subscribe on the plat a certificate that such survey was made in accordance with the provisions of this chapter, stating the date of survey, and verify the same by his or her oath.
[ 2010 c 8 s 18007; 1909 c 231 s 7; RRS s 11491. Prior: 1888 c 124 pp 216-220.]

catchline: Monuments—Markings—Surveyor's certificate on plat.


title: RCW 58.28.080

text:
All such plats must be made on mounted drawing paper, and filed and recorded in the office of the county auditor, and he or she must keep the original plat for public inspection. The fee of such county auditor for filing and recording each of such plats and the field notes accompanying the same shall be the sum of ten dollars.
[ 2010 c 8 s 18008; 1909 c 231 s 8; RRS s 11492. Prior: 1888 c 124 pp 216-220.]

catchline: Plats filed—Auditor's fee.


title: RCW 58.28.090

text:
Each lot or parcel of said lands having thereon valuable improvements or buildings ordinarily used as dwellings or for business purposes, not exceeding one-tenth of one acre in area, shall be rated and assessed by the said corporate authorities at the sum of one dollar; each lot or parcel of such lands exceeding one-tenth and not exceeding one-eighth of one acre in area, shall be rated and assessed at the sum of one dollar and fifty cents; each lot or parcel of such lands exceeding in area one-eighth of one acre and not exceeding one-quarter of an acre in area, shall be rated and assessed at the sum of two dollars; and each lot or parcel of such lands exceeding one-quarter of an acre and not exceeding one-half of one acre in area, shall be rated and assessed at the sum of two dollars and fifty cents; and each lot or parcel of land so improved exceeding one-half acre in area shall be assessed at the rate of two dollars and fifty cents for each half an acre or fractional part over half an acre; and every lot or parcel of land enclosed, which may not otherwise be improved, claimed by any person, corporation, or association, shall be rated and assessed at the rate of two dollars per acre or fractional part over an acre; and where upon one parcel of land there shall be two or more separate buildings occupied or used ordinarily as dwellings or for business purposes each such building, for the purposes of this section, shall be considered as standing on a separate lot of land; but the whole of such premises may be conveyed in one deed; which moneys so assessed must be received by the clerk and be paid by him or her into the city or town treasury.
[ 2010 c 8 s 18009; 1909 c 231 s 9; RRS s 11493. Prior: 1888 c 124 pp 216-220.]

catchline: Assessments.


title: RCW 58.28.100

text:
Every person, company, corporation or association claimant of any city or town lot or parcel of land within the limits of such city or townsite, must present to the council, by filing the same with the clerk thereof, within three months after the patent (or certified copy thereof) from the United States has been filed in the office of the county auditor, his, her, its or their affidavit, (or by guardian or next friend where the claimant is under disability), verified in person or by duly authorized agent, attorney, guardian or next friend, in which must be concisely stated the facts constituting the possession or right of possession of the claimant, and that the claimant is entitled to the possession thereof and to a deed therefor as against all other persons, to the best of his knowledge and belief, and stating who was an occupant of such lot or parcel of land at the time of the entry of such townsite at the United States land office, to which must be attached a copy of so much of the plat of said city or townsite as will fully exhibit the particular lot or parcel of land so claimed, and every such claimant, at the time of filing such affidavit, must pay to such clerk such sum of money as said clerk shall certify to be due for the assessment mentioned in RCW 58.28.090, together with the further sum of four dollars, to be appropriated to the payment of expenses incurred in carrying out the provisions of this chapter, and the said clerk must thereupon give to such claimant a certificate, attested by the corporate seal, containing a description of the lot or parcel of land claimed, and setting forth the amounts paid thereon by such claimant. The council of every such city or town must procure a bound book, wherein the clerk must make proper entries of the substantial matters contained in every such certificate issued by him, numbering the same in consecutive order, setting forth the name of the claimant or claimants in full, date of issue, and description of lot or lands claimed.
[ 1909 c 231 s 10; RRS s 11494. Prior: 1888 c 124 pp 216-220.]

catchline: Notice of possession filed—Assessment and fee—Certificate—Council record.


title: RCW 58.28.110

text:
If it is found that the amounts hereinbefore specified as assessments and fees for costs and expenses prove to be insufficient to cover and defray all the necessary expenses, the council must estimate the deficiency and assess such deficiency pro rata upon all the lots and parcels of land in such city or town, and declare the same upon the basis set down in RCW 58.28.090, which additional amount, if any, may be paid by the claimant at the time when the certificate hereinafter [hereinbefore] mentioned, or at the time when the deed of conveyance hereinbefore [hereinafter] provided for, is issued.
[ 1909 c 231 s 11; RRS s 11495. Prior: 1888 c 124 pp 216-220.]

catchline: Deficiency assessment—When payable.


title: RCW 58.28.120

text:
At the expiration of six months after the time of filing of such patent, or a certified copy thereof in the office of the county auditor, if there has been no adverse claim filed in the meantime, the council must execute and deliver to such claimant, his or her, its or their heirs, executors, administrators, grantees, successors or assigns a good and sufficient deed of the premises described in the application of the claimant originally filed, if proper proof shall have been made, which said deed must be signed and acknowledged by the mayor or other presiding officer of the council, and attested by the corporate seal of such city or town. No conveyance of any such lands made as in this chapter provided, concludes the rights of third persons; but such third persons may have their action in the premises, to determine their alleged interest in such lands and their right to the legal title thereto against such grantee, his, her, its or their heirs, successors or assigns, to which they may deem themselves entitled either in law or equity; but no action for the recovery or possession of such premises, or any portion thereof, or to establish the right to the legal title thereto, must be maintained in any court against the grantee named therein, or against his, her, its or their legal representatives or assigns, unless such action shall be commenced within six months after such deed shall have been filed for record in the office of the county auditor of the county where such lands are situate; nothing herein shall be construed to extend the time of limitation prescribed by law for the commencement of actions upon the possessory claim or title to real estate, when such action is barred by law at the time of the passage of this chapter.
[ 1909 c 231 s 12; RRS s 11496. Prior: 1888 c 124 pp 216-220.]

catchline: Deed to claimants—Actions contesting title, limitations on.


title: RCW 58.28.130

text:
Townsite entries may be made by incorporated towns or cities on the mineral lands of the United States, but no title shall be acquired by such towns or cities to any vein of gold, silver, cinnabar, copper or lead, or to any valid mining claim or possession held under existing law. When mineral veins are possessed within the limits of an incorporated town or city, and such possession is recognized by local authority or by the laws of the United States, the title to town lots shall be subject to such recognized possession and the necessary use thereof and when entry has been made or patent issued for such townsites to such incorporated town or city, the possessor of such mineral vein may enter and receive patent for such mineral vein, and the surface ground appertaining thereto: PROVIDED, That no entry shall be made by such mineral vein claimant for surface ground where the owner or occupier of the surface ground shall have had possession of the same before the inception of the title of the mineral vein applicant.
[ 1909 c 231 s 13; RRS s 11497. Prior: 1888 c 124 pp 216-220.]

catchline: Entries on mineral lands—Rights of claimants.


title: RCW 58.28.140

text:
In all cases of adverse claims or disputes arising out of conflicting claims to lands or concerning boundary lines, the adverse claimants may submit the decision thereof to the council of such city or town by an agreement in writing specifying particularly the subject matter in dispute, and may agree that their decision shall be final. The council must hear the proofs, and shall order a deed to be executed or denied in accordance with the facts; but in all other cases of adverse claims, the party out of possession shall commence his or her action in a court of competent jurisdiction within six months after the time of filing of the patent from the United States (or a certified copy thereof), in the office of the county auditor. In case such action be commenced, the plaintiff must serve a notice of lis pendens upon the mayor, who must thereupon stay all proceedings in the matter of granting any deed to the land in dispute until the final decision in such suit; and upon presentation of a certified copy of the final judgment of such court in such action, the council must cause to be executed and delivered a deed of such premises, in accordance with the judgment, adjudging the claimant to have been an occupant of any particular lot or lots at the time of the entry of such townsite in the United States land office, or to be the successor in interest of such occupant. If in any action brought under this chapter, or under said acts of congress, the right to the ground in controversy shall not be established by either party, the court or jury shall so find and judgment shall be entered accordingly. In such case costs shall not be allowed to either party, and neither party shall be entitled to a deed to the ground in controversy, and in such action it shall be incumbent upon each claimant to establish that he, she, or it was an occupant of the ground in controversy within the meaning of the said acts of congress at the time of the entry of said townsite in the United States land office, or is the successor in interest of such occupant.
[ 2010 c 8 s 18010; 1909 c 231 s 14; RRS s 11498. Prior: 1888 c 124 pp 216-220.]
Notes:
Proof of right—Costs upon failure of both conflicting parties: RCW 58.28.360.

catchline: Conflicting claims—Procedure.


title: RCW 58.28.150

text:
The said council must give public notice by advertising for four weeks in a newspaper published in said city or town, or, if there be no newspaper published in said city or town, then by publication in some newspaper having general circulation in such city or town, and not less than five written or printed notices must be posted in public places within the limits of such city or townsite; such notice must state that patent for said townsite (or certified copy thereof) has been filed in the county auditor's office. If any person, company, association or any other claimant of lands in such city or town fails, neglects or refuses to make application to the council for a deed of conveyance to the lands so claimed, and to pay the sums of money specified in this chapter, within three months after filing of such patent, or a certified copy thereof, in the office of the county auditor, shall be deemed to have abandoned the same and to have forfeited all right, title and interest therein or thereto both in law and in equity as against the trustee of said townsite, and such abandoned or forfeited lot or lots shall be sold as unoccupied lands, and the proceeds thereof placed in the special fund in this chapter mentioned.
[ 1909 c 231 s 15; RRS s 11499. Prior: 1888 c 124 pp 216-220.]

catchline: Notice of filing patent—Abandonment of claim.


title: RCW 58.28.160

text:
All lots in such city or townsite which were unoccupied at the time of the entry of said townsite in the United States land office shall be sold by the corporate authorities of such city or town, or under their direction, at public auction to the highest bidder for cash, each lot to be sold separately, and notice of such sale or sales shall be given by posting five written or printed notices in public places within said townsite, giving the time and particular place of sale, which notices must be posted for at least thirty days prior to the date of said sale, and by publishing a like notice for four consecutive weeks prior to such sale in a newspaper published in such city or town, or, if no such newspaper be published in such city or town, then in some newspaper having general circulation in such city or town, and deeds shall be given therefor to the several purchasers: PROVIDED, That no such unoccupied lot shall be sold for less than five dollars in addition to an assessment equivalent to assessment provided in RCW 58.28.090, and all moneys arising from such sale, after deducting the costs and expenses of such sale or sales, shall be placed in the treasury of such city or town.
[ 1909 c 231 s 16; RRS s 11500. Prior: 1888 c 124 pp 216-220.]

catchline: Sale of unoccupied lots—Notice—Minimum price.


title: RCW 58.28.170

text:
All school lots or parcels of land, reserved or occupied for school purposes, must be conveyed to the school district in which such city or town is situated, without cost or charge of any kind whatever. All lots or parcels of land reserved or occupied for municipal purposes must be conveyed to such city or town without cost or charge of any kind whatever. All expenses necessarily incurred or contracted by the carrying into effect of the provisions of this chapter are a charge against the city or town on behalf of which the work was done, and such expenses necessarily incurred, either before or after the incorporation thereof, shall be paid out of the treasury of such city or town upon the order of the council thereof; and all moneys paid for lands or to defray the expenses of carrying into effect the provisions of this chapter shall be paid into the city or town treasury by the officer or officers receiving the same, and shall constitute a special fund, from which shall be paid all expenses, and the surplus, if any there be, shall be expended under the direction of the city or town council for public improvements in such city or town.
[ 1909 c 231 s 17; RRS s 11501. Prior: 1888 c 124 pp 216-220.]

catchline: Lands for school and municipal purposes—Funds.


title: RCW 58.28.180

text:
No mere informality, failure or omission on the part of any of the persons or officers named in this chapter invalidates the acts of such person or officer; but every certificate or deed granted to any person pursuant to the provisions of this chapter is prima facie evidence that all preliminary proceedings in relation thereto have been correctly taken and performed, and that the recitals therein are true and correct.
[ 1909 c 231 s 18; RRS s 11502. Prior: 1888 c 124 pp 216-220.]

catchline: Effect of informalities—Certificate or deed as prima facie evidence.


title: RCW 58.28.190

text:
Such corporate authorities shall promptly execute and perform all duties imposed upon them by the provisions of this chapter.
[ 1909 c 231 s 19; RRS s 11503. Prior: 1888 c 124 pp 216-220.]

catchline: Corporate authorities to act promptly.


title: RCW 58.28.200

text:
No deed to any lot or parcel of land in such townsite entry shall be made or delivered to any alleged occupant thereof before proof shall have been made under oath showing such claimant to have been an occupant of such lot or parcel of land within the meaning of said laws of congress at the time of the entry of such townsite at the proper United States land office, but the grantees, heirs, successors in interest or assigns of such occupant of any lot, as such, may receive such deed.
[ 1909 c 231 s 20; RRS s 11504. Prior: 1888 c 124 pp 216-220.]

catchline: Proof requisite to delivery of deed.


title: RCW 58.28.210

text:
It is the duty of the judge of the superior court of any county in this state to enter at the proper land office of the United States such quantity of land as the inhabitants of any unincorporated town, situate upon lands the legal and equitable title to which is in the United States of America, or situate upon public lands of the United States within the county wherein such superior court is held, may be entitled to claim in the aggregate, according to their population, in the manner required by the laws of the United States, and valid regulations prescribed by the secretary of the interior of the United States, and to make and sign all necessary declaratory statements, certificates and affidavits, or other instruments requisite to carry into effect the intentions of this chapter, and the intention of the act of congress of the United States entitled "An act for the relief of the inhabitants of cities and towns upon the public lands," approved March 2, 1867, and all acts of congress amendatory thereof and supplemental thereto, and to file in the proper United States land office a proper application in writing, describing the tracts of land on which such unincorporated town is situated, and all lands entitled to be embraced in such government townsite entry, and make proof and payment for such tracts of land in the manner required by law.
[ 1909 c 231 s 21; RRS s 11505. Prior: 1888 c 124 pp 216-220.]

catchline: Unincorporated towns on United States land—Superior court judge to file claim.


title: RCW 58.28.220

text:
The judge of the superior court of any county in this state, whenever he or she is so requested by a petition signed by not less than five residents, householders in any such unincorporated town, whose names appear upon the assessment roll for the year preceding such application in the county wherein such unincorporated town is situated—which petition shall set forth the existence, name, and locality of such town, whether such town is situated on surveyed or unsurveyed lands, and if on surveyed lands an accurate description according to the government survey of the legal subdivisions sought to be entered as a government townsite must be stated; the estimated number of its inhabitants; the approximate number of separate lots or parcels of land within such townsite, and the amount of land to which they are entitled under such acts of congress—must estimate the cost of entering such land, and of the survey, platting, and recording of the same, and must endorse such estimate upon such petition, and upon receiving from any of the parties interested the amount of money mentioned in such estimate, the said judge may cause an enumeration of the inhabitants of such town to be made by some competent person, exhibiting therein the names of all persons residing in said proposed townsite and the names of occupants of lots, lands, or premises within such townsite, alphabetically arranged, verified by his or her oath, and cause such enumeration to be presented to such judge.
[ 2010 c 8 s 18011; 1909 c 231 s 22; RRS s 11506. Prior: 1888 c 124 pp 216-220.]

catchline: Petition to superior court judge—Contents—Procedure.


title: RCW 58.28.230

text:
Such judge must thereupon cause a survey to be made by some competent person, of the lands which the inhabitants of said town may be entitled to claim under said acts of congress, located according to the legal subdivisions of the sections according to the government survey thereof, and the same must be distinctly marked by suitable monuments; such survey must further particularly designate all streets, roads, lanes, and alleys, public squares, churches, school lots, cemeteries, commons, and levees, as the same exist and have been heretofore dedicated, in any manner to public use, and by measurement the precise boundaries and area of each and every lot or parcel of land and premises claimed by any person, corporation, or association within said townsite must, as far as known by the surveyor, be designated on the plat, showing the name or names of the possessor, occupant or claimant; and in case of any disputed claim as to lots, lands, premises or boundaries, the said surveyor, if the same be demanded by any person, shall designate the lines in different color from the body of the plat of such part of any premises so disputed or claimed adversely; said surveyor shall survey, lay out and plat all of said lands, whether occupied or not, into lots, blocks, streets and alleys.
[ 1909 c 231 s 23; RRS s 11507. Prior: 1888 c 124 pp 216-220.]

catchline: Survey and plat—Boundaries—Monuments.


title: RCW 58.28.240

text:
The plat thereof must be made in triplicate on a scale of not less than eighty feet to an inch, which must be duly certified under oath by the surveyor, one of which must be filed with the county auditor of the county wherein such unincorporated town is situated, one must be deposited in the proper United States land office, and one with such judge. These plats shall constitute public records, and must each be accompanied by a copy of the field notes, and the county auditor must make a record of such plat in a book to be kept by him or her for that purpose, and such county auditor must file such copy of said field notes in his or her office. The said surveyor must number and survey the blocks as divided by the roads, and streets opened and generally used and for which a public necessity exists, at the time of making such survey, and must number the several lots consecutively in each block, and all other parcels of land within said unincorporated town as herein provided, which said numbers must be a sufficient description of any parcel of land represented on said plats. Said survey and plat thereof shall conform as nearly as may be to the existing rights, interest, and claims of the occupants thereof, but no lot in the center or business portion of said unincorporated town shall exceed in area four thousand two hundred feet, and no suburban lot in such unincorporated town shall exceed two acres in area.
[ 2010 c 8 s 18012; 1909 c 231 s 24; RRS s 11508. Prior: 1888 c 124 pp 216-220.]

catchline: Plats—Filing.


title: RCW 58.28.250

text:
Before proceeding to make such survey, at least ten days' notice thereof must be given, by posting within the limits of such townsite, not less than five written or printed notices of the time when such survey shall commence, or by publication thereof in a newspaper published in said town, if one there be. The survey of said townsite must be made to the best advantage and at the least expense to the holders, claimants, possessors and occupants thereof. The said judge is hereby authorized and directed to receive bids for such surveying, platting and furnishing copies of the field notes, and to let the same by contract to the lowest competent bidder: PROVIDED, That the possessors, owners, or claimants of waterworks, electric light, telegraph, telephone, pipe or power lines, sewers, irrigating ditches, drainage ditches, and like or similar property located in such townsites or in the roads, streets, alleys or highways therein or in other public places in such townsite, shall be maintained and protected in the same as the same shall exist at the time of the entry in the United States land office of the land embraced in such government townsite, and the right to continue to use such property, for the purposes for which said property was intended, is hereby acknowledged and confirmed.
[ 1909 c 231 s 25; RRS s 11509. Prior: 1888 c 124 pp 216-220.]

catchline: Survey, notice of—Bids for—Franchises continued.


title: RCW 58.28.260

text:
Such plat must show as follows:
(1) All streets, alleys, avenues, roads and highways, and the width thereof.
(2) All parks, squares and all other ground reserved for public uses, with the boundaries and dimensions thereof.
(3) All lots and blocks, with their boundaries, designating such lots and blocks by numbers, and giving the dimensions of every lot.
(4) The angles of intersection of all boundary lines of the lots and block, whenever the angle of intersection is not a right angle.
(5) The location of all stone or iron monuments set to establish street lines.
(6) The exterior boundaries of the piece of land so platted, giving such boundaries by true courses and distances.
(7) The location of all section corners, or legal subdivision corners of sections within the limits of said plat.
(8) In case no such section or subdivision corners are within the limits of the plat, it must show a connection line to some corner or initial point of the government surveys, or a government mineral monument, if there be any within one mile of such townsite. All distances marked on the plat must be in feet and decimals of a foot.
[ 1909 c 231 s 26; RRS s 11510. Prior: 1888 c 124 pp 216-220.]

catchline: Contents of plat.


title: RCW 58.28.270

text:
Such surveyor must mark all corners of blocks or lots shown on the plat by substantial stakes or monuments, and must set stone or iron monuments at the points of intersection of the center lines of all the streets, where practicable, or as near as possible to such points, and their location must be shown by marking on the plat the distances to the block corners adjacent thereto. The top of such monument must be placed one foot below the surface of the ground, and in size must be at least six inches by six inches by six inches, and be placed in the ground to the depth of one foot.
[ 1909 c 231 s 27; RRS s 11511. Prior: 1888 c 124 pp 216-220.]


title: RCW 58.28.280

text:
If a stone is used as a monument it must have a cross cut in the top at the point of intersection of center lines of streets, or a hole may be drilled in the stone to mark such point. If an iron monument is used it must be at least two inches in diameter by two and one-half feet in length, and may be either solid iron or pipe. The dimensions of the monuments must be marked on the plat, and reference thereto made in the field notes, and establish permanently the lines of all the streets. The surveyor must make and subscribe on the plat a certificate that such survey was made in accordance with the provisions of this chapter, stating the date of survey, and verify the same by his or her oath.
[ 2010 c 8 s 18013; 1909 c 231 s 28; RRS s 11512. Prior: 1888 c 124 pp 216-220.]

catchline: Monuments—Markings—Surveyor's certificate on plat.


title: RCW 58.28.290

text:
All such plats must be made on mounted drawing paper, and filed and recorded in the office of the county auditor, and he or she must keep the original plat for public inspection. The fee of such county auditor for filing and recording each of such plats, and the field notes accompanying the same shall be the sum of ten dollars.
[ 2010 c 8 s 18014; 1909 c 231 s 29; RRS s 11513. Prior: 1888 c 124 pp 216-220.]

catchline: Plats filed—Auditor's fee.


title: RCW 58.28.300

text:
Each lot or parcel of said lands having thereon valuable improvements or buildings ordinarily used as dwellings or for business purposes, not exceeding one-tenth of one acre in area, shall be rated and assessed by the said judge at the sum of one dollar; each lot or parcel of such lands exceeding one-tenth, and not exceeding one-eighth of one acre in area, shall be rated and assessed at the sum of one dollar and fifty cents; each lot or parcel of such lands exceeding in area one-eighth of one acre and not exceeding one-quarter of an acre in area, shall be rated and assessed at the sum of two dollars; and each lot or parcel of such lands exceeding one-quarter of an acre and not exceeding one-half of one acre in area, shall be rated and assessed at the sum of two dollars and fifty cents; and each lot or parcel of land so improved, exceeding one-half acre in area, shall be assessed at the rate of two dollars and fifty cents for each half an acre or fractional part over half an acre; and every lot or parcel of land enclosed, which may not otherwise be improved, claimed by any person, corporation, or association, shall be rated and assessed at the rate of two dollars per acre or fractional part over an acre; and where upon one parcel of land there shall be two or more separate buildings occupied or used ordinarily as dwellings or for business purposes, each such building, for the purposes of this section, shall be considered as standing on a separate lot of land; but the whole of such premises may be conveyed in one deed; which moneys so assessed must constitute a fund from which must be reimbursed or paid the moneys necessary to pay the government of the United States for said townsite lands, and interest thereon, if such moneys have been loaned or advanced for the purpose and expenses of their location, entry and purchase, and cost and expenses attendant upon the making of such survey, plats, publishing and recording, including a reasonable attorney's fee for legal services necessarily performed, and the persons or occupants in such townsite procuring said townsite entry to be made, may employ an attorney to assist them in so doing and to assist such judge in the execution of his or her trust, and he or she shall be allowed by such judge out of said fund a reasonable compensation for his or her services.
[ 2010 c 8 s 18015; 1909 c 231 s 30; RRS s 11514. Prior: 1888 c 124 pp 216-200.]

catchline: Assessments—Disposition—Employment of attorney authorized.


title: RCW 58.28.310

text:
Every person, company, corporation, or association, claimant of any town lot or parcel of land, within the limits of such townsite, must present to such judge within three months after the patent (or a certified copy thereof), from the United States has been filed in the office of the county auditor, his, her, or its affidavit, (or by guardian or next friend where the claimant is under disability), verified in person, or by duly authorized agent or attorney, guardian or next friend, in which must be concisely stated the facts constituting the possession or right of possession of the claimant and that the claimant is entitled to the possession thereof and to a deed therefor as against all other persons or claimants, to the best of his or her knowledge and belief, and in which must be stated who was an occupant of such lot or parcel of land at the time of the entry of such townsite at the United States land office, to which must be attached a copy of so much of the plat of said townsite as will fully exhibit the particular lots or parcels of land so claimed; and every such claimant, at the time of presenting and filing such affidavit with said judge, must pay to such judge such sum of money as said judge shall certify to be due for the assessment mentioned in RCW 58.28.300, together with the further sum of four dollars, to be appropriated to the payment of cost and expenses incurred in carrying out the provisions of this chapter, and the said judge must thereupon give to such claimant a certificate, signed by him or her and attested by the seal of the superior court, containing a description of the lot or parcel of land claimed, and setting forth the amounts paid thereon by such claimant. Such judge must procure a bound book for each unincorporated government townsite in his or her county wherein he or she must make proper entries of the substantial matters contained in such certificate issued by him or her, numbering the same in consecutive order, setting forth the name of the claimant or claimants in full, date of issue, and description of the lot or lands claimed.
[ 2010 c 8 s 18016; 1909 c 231 s 31; RRS s 11515. Prior: 1888 c 124 pp 216-220.]

catchline: Notice of possession filed—Assessment and fee—Certificate—Judge's record.


title: RCW 58.28.320

text:
If it is found that the amounts hereinbefore specified as assessments and fees for costs and expenses, prove to be insufficient to cover and defray all the necessary expenses, the said judge must estimate the deficiency and assess such deficiency pro rata upon all the lots and parcels of land in such government townsite, and declare the same upon the basis set down in RCW 58.28.300; which additional amount, if any, may be paid by the claimant at the time when the certificate hereinbefore mentioned, or at the time when the deed of conveyance hereinafter provided for, is issued.
[ 1909 c 231 s 32; RRS s 11516. Prior: 1888 c 124 pp 216-220.]

catchline: Deficiency assessment—When payable.


title: RCW 58.28.330

text:
At the expiration of six months after the time of filing such patent, or certified copy thereof, in the office of the county auditor, if there has been no adverse claim filed in the meantime, said judge must execute and deliver to such claimant or to his, her, its or their heirs, executor, administrator, grantee, successor or assigns a good and sufficient deed of the premises described in the application of the claimant originally filed, if proper proof shall have been made, which said deed must be signed and acknowledged by such judge as trustee, and attested by the seal of the superior court. No conveyance of any such lands made as in this chapter provided, concludes the rights of third persons; but such third persons may have their action in the premises, to determine their alleged interest in such lands, and their right to the legal title thereto, against such grantee, his, her, its or their heirs, executors, administrators, successors or assigns, to which they may deem themselves entitled, either in law or in equity; but no action for the recovery or possession of such premises, or any portion thereof, or to establish the right to the legal title thereto, must be maintained in any court against the grantee named therein, or against his, her, its or their heirs, executors, administrators, successors or assigns, unless such action shall be commenced within six months after such deed shall have been filed for record in the office of the county auditor of the county where such lands are situated; nothing herein shall be construed to extend the time of limitation prescribed by law for the commencement of actions upon a possessory claim or title to real estate, when such action is barred by law at the time of the taking effect of this chapter.
[ 1909 c 231 s 33; RRS s 11517. Prior: 1888 c 124 pp 216-220.]

catchline: Deed to claimants—Actions contesting title, limitations on.


title: RCW 58.28.340

text:
Townsite entries may be made by such judge on mineral lands of the United States, but no title shall be acquired by such judge to any vein of gold, silver, cinnabar, copper or lead, or to any valid mining claim or possession held under existing laws. When mineral veins are possessed within the limits of an unincorporated town, and such possession is recognized by local authority, or by the laws of the United States, the title to town lots shall be subject to such recognized possession and the necessary use thereof, and when entry has been made or patent issued for such townsite to such judge, the possessor of such mineral vein may enter and receive patent for such mineral vein, and the surface ground appertaining thereto: PROVIDED, That no entry shall be made by such mineral vein claimant for surface ground where the owner or occupier of the surface ground shall have had possession of the same before the inception of the title of the mineral vein applicant.
[ 1909 c 231 s 34; RRS s 11518. Prior: 1888 c 124 pp 216-220.]

catchline: Entries on mineral lands—Rights of claimants.


title: RCW 58.28.350

text:
In all cases of adverse claims or disputes arising out of conflicting claims to land or concerning boundary lines, the adverse claimants may submit the decision thereof to said judge by an agreement in writing specifying particularly the subject matter in dispute and may agree that his or her decision shall be final. The said judge must hear the proofs, and shall execute a deed or deny the execution of a deed in accordance with the facts; but in all other cases of adverse claims the party out of possession shall commence his or her action in a court of competent jurisdiction within six months after the filing of the patent (or a certified copy thereof) from the United States, in the office of the county auditor. In case such action be commenced within the time herein limited, the plaintiff must serve notice of lis pendens upon such judge, who must thereupon stay all proceedings in the matter of granting or executing any deed to the land in dispute until the final decision in such suit; upon presentation of a certified copy of the final judgment in such action, such judge must execute and deliver a deed of the premises, in accordance with the judgment, adjudging the claimant to have been an occupant of any particular lot or lots at the time of the entry of such townsite in the United States land office, or to be the successor in interest of such occupant.
[ 2010 c 8 s 18017; 1909 c 231 s 35; RRS s 11519. Prior: 1888 c 124 pp 216-220.]

catchline: Conflicting claims—Procedure.


title: RCW 58.28.360

text:
If in any action brought under this chapter, or under said acts of congress, the right to the ground in controversy shall not be established by either party, the court or jury shall so find and judgment shall be entered accordingly. In such case costs shall not be allowed to either party, and neither party shall be entitled to a deed to the ground in controversy, and in such action it shall be incumbent upon each claimant or claimants to establish that he, she, it or they, was or were, an occupant of the ground in controversy within the meaning of said acts of congress at the time of the entry of said townsite in the United States land office, or is or are the successor, or successors in interest of such occupant.
[ 1909 c 231 s 36; RRS s 11520. Prior: 1888 c 124 pp 216-220.]
Notes:
Conflicting claims—Procedure: RCW 58.28.140.

catchline: Proof of right—Costs upon failure of both conflicting parties.


title: RCW 58.28.370

text:
Said judge must promptly give public notice by advertising for four weeks in any newspaper published in such town, or if there be no newspaper published in such town, then by publication in some newspaper having general circulation in such town, and not less than five written or printed notices must be posted in public places within the limits of such townsite; such notice must state that the patent for said townsite (or a certified copy thereof) has been filed in the county auditor's office.
[ 1909 c 231 s 37; RRS s 11521. Prior: 1888 c 124 pp 216-220.]

catchline: Notice of filing patent.


title: RCW 58.28.380

text:
If any person, company, association, or any other claimant of lands in such townsite fails, neglects or refuses to make application to said judge for a deed of conveyance to said land so claimed, and pay the sums of money specified in this chapter, within three months after the filing of such patent, or a certified copy thereof, in the office of the county auditor, shall be deemed to have abandoned the claim to such land and to have forfeited all right, title, claim and interest therein or thereto both in law and in equity as against the trustee of said townsite, and such abandoned or forfeited lot or lots may be sold by such trustee as unoccupied lands, and the proceeds thereof placed in the fund heretofore mentioned in this chapter.
[ 1909 c 231 s 38; RRS s 11522. Prior: 1888 c 124 pp 216-220.]

catchline: Abandonment of claim.


title: RCW 58.28.390

text:
All lots in such townsite which were unoccupied within the meaning of the said acts of congress at the time of the entry of said townsite in the United States land office shall be sold by such judge or under his or her direction, at public auction to the highest bidder for cash, each lot to be sold separately, and notice of such sale, or sales, shall be given by posting five written or printed notices in public places within said townsite, giving the time and particular place of sale, which notices must be posted at least thirty days prior to the date of any such sale, and by publishing a like notice for four consecutive weeks prior to any such sale in a newspaper published in such town, or if no newspaper be published in such town, then in some newspaper having general circulation in such town. And deed shall be given therefor to the several purchasers: PROVIDED, That no such unoccupied lot shall be sold for less than five dollars in addition to an assessment equivalent to assessment provided for in RCW 58.28.300, and all moneys arising from such sale or sales after deducting the cost and expenses of such sale or sales shall be placed in the fund hereinbefore mentioned.
[ 2010 c 8 s 18018; 1909 c 231 s 39; RRS s 11523. Prior: 1888 c 124 pp 216-220.]

catchline: Sale of unoccupied lots—Notice—Minimum price.


title: RCW 58.28.400

text:
All school lots or parcels of land reserved or occupied for school purposes, must be conveyed to the school district in which such town is situated without cost or charge of any kind whatever. All lots or parcels of land reserved or occupied for public purposes must be set apart and dedicated to such public purposes without cost or charge of any kind whatever. All expenses necessarily incurred or contracted by the carrying into effect of the provisions of this chapter or said acts of congress are a charge against the fund herein provided for.
[ 1909 c 231 s 40; RRS s 11524. Prior: 1888 c 124 pp 216-220.]

catchline: Lands for school and public purposes—Expenses as charge against fund.


title: RCW 58.28.410

text:
Any sum of money remaining in said fund after defraying all necessary expenses of location, entry, surveying, platting, advertising, filing and recording, reimbursement of moneys loaned or advanced and paying the cost and expenses herein authorized and provided for must be deposited in the county treasury by such judge to the credit of a special fund of each particular town, and kept separate by the county treasurer to be paid out by him or her only upon the written order of such judge in payment for making public improvements, or for public purposes, in such town.
[ 2010 c 8 s 18019; 1909 c 231 s 41; RRS s 11525. Prior: 1888 c 124 pp 216-220.]

catchline: Disposition of excess money—Special fund.


title: RCW 58.28.420

text:
No mere informality, failure, or omission on the part of any persons or officers named in this chapter invalidates the acts of such person or officers; but every certificate or deed granted to any person pursuant to the provisions of this chapter is prima facie evidence that all preliminary proceedings in relation thereto have been taken and performed and that the recitals therein are true and correct.
[ 1909 c 231 s 42; RRS s 11526. Prior: 1888 c 124 pp 216-220.]

catchline: Effect of informalities—Certificate or deed as prima facie evidence.


title: RCW 58.28.430

text:
No deed to any lot in such unincorporated town or unincorporated government townsite entry shall be made or delivered to any alleged occupant thereof before proof shall have been made under oath, showing such claimant to have been an occupant of such lot or parcel of land within the meaning of said laws of congress at the time of the entry of such townsite at the proper United States land office, but the grantees, heirs, executors, administrators, successors in interest or assigns of such occupant of any lot, as such, may receive such deed.
[ 1909 c 231 s 43; RRS s 11527. Prior: 1888 c 124 pp 216-220.]

catchline: Proof requisite to delivery of deed.


title: RCW 58.28.440

text:
All streets, roads, lanes and alleys, public squares, cemeteries, parks, levees, school lots, and commons, surveyed, marked and platted, on the map of any townsite, as prescribed and directed by the provisions of this chapter, are hereby declared to be dedicated to public use, by the filing of such town plat in the office of the county auditor, and are inalienable, unless by special order of the board of commissioners of the county, so long as such town shall remain unincorporated; and if such town at any time thereafter becomes incorporated, the same becomes the property of such town or city, and must be under the care and subject to the control of the council or other municipal authority of such town or city.
[ 1909 c 231 s 44; RRS s 11528. Prior: 1888 c 124 pp 216-220.]

catchline: Platted lands declared dedicated to public use.


title: RCW 58.28.450

text:
All clerical work under this chapter where a judge of the superior court is trustee must be performed by the clerk of the superior court.
[ 1909 c 231 s 45; RRS s 11529. Prior: 1888 c 124 pp 216-220.]

catchline: Clerk's duties when judge trustee.


title: RCW 58.28.460

text:
Such judge when fulfilling the duties imposed upon him or her by said acts of congress, and by this chapter, must keep a correct account of all moneys received and paid out by him or her. He or she must deposit all surplus money with the treasurer of the proper county, and he or she must promptly settle up all the affairs relating to his or her trust pertaining to such town.
[ 2010 c 8 s 18020; 1909 c 231 s 46; RRS s 11530. Prior: 1888 c 124 pp 216-220.]

catchline: Accounting and depositing money—Promptness.


title: RCW 58.28.470

text:
Whenever the affairs pertaining to such trust shall be finally settled and disposed of by such judge, he or she shall deposit all books and papers relating thereto in the office of the county clerk of the proper county to be thereafter kept in the custody of such county clerk as public records, and the county clerk's fee, for the use of his or her county therefor, shall be the sum of ten dollars.
[ 2010 c 8 s 18021; 1909 c 231 s 47; RRS s 11531. Prior: 1888 c 124 pp 216-220.]

catchline: Records filed with county clerk.


title: RCW 58.28.480

text:
Every such judge when fulfilling the duties imposed upon him or her by said acts of congress, and by this chapter, shall be deemed and held to be acting as a trustee for the purposes of fulfilling the purposes of said acts and not as a superior court, and such judge shall be deemed to be disqualified to sit as judge of such superior court in any action or proceeding wherein is involved the execution of such trust or rights involved therein.
[ 2010 c 8 s 18022; 1909 c 231 s 48; RRS s 11532. Prior: 1888 c 124 pp 216-220.]

catchline: Judge, a trustee for purposes herein.


title: RCW 58.28.490

text:
Appellate review of the judgment or orders of the superior court in all cases arising under this chapter or said acts of congress may be sought as in other civil cases.
[ 1988 c 202 s 54; 1971 c 81 s 127; 1909 c 231 s 49; RRS s 11533. Prior: 1888 c 124 pp 216-220.]
Notes:
Severability—1988 c 202: See note following RCW 2.24.050.

catchline: Appellate review—Procedure.


title: RCW 58.28.500

text:
The successors in office of such superior court judge shall be his or her successors as trustee of such trust.
[ 2010 c 8 s 18023; 1909 c 231 s 51; RRS s 11534. Prior: 1888 c 124 pp 216-220.]

catchline: Succession of trust.


title: RCW 58.28.510

text:
The judge of the superior court of any county is hereby declared to be the successor as trustee of any territorial probate judge in such county who was trustee under any such acts of congress, and may as such succeeding trustee perform any unperformed duties of his or her predecessor in office as such trustee, agreeably to the provisions of this chapter as nearly as may be. And when entry was made by any such probate judge under any of said acts of congress and subsequent to such entry, the city or town situated upon such townsite entry has been incorporated according to law, and the corporate authorities thereof have or have attempted to vacate any common, plaza, public square, public park, or the like, in such government townsite, and where thereafter, any person, or corporation, has placed permanent improvements on such land so vacated or attempted to be vacated, exceeding in value the sum of five thousand dollars, with the knowledge, consent, or acquiescence of the corporate authorities of such city or town and with the general consent and approval of the inhabitants of said city or town and such improvements have been made for more than five years and such person or corporation making such improvements has been in the open, notorious, and peaceable possession of such lands and premises for a period of more than five years, such superior court judge, as trustee, of such government townsite, and successor as trustee to such judge of probate, trustee of such government townsite, shall have the power and authority to make and deliver to such person or corporation, or to his, her, or its heirs, executors, administrators, successors, or assigns, a deed for such lands and premises, conveying a fee simple title to such lands and premises upon such terms and for such price as he or she shall deem just and reasonable under all the facts and surrounding circumstances of the case, and the consideration paid for such deed, one dollar or more, shall be placed in the city or town treasury of such city or town, in the general fund.
[ 2010 c 8 s 18024; 1909 c 231 s 52; RRS s 11535. Prior: 1888 c 124 pp 216-220.]

catchline: Title to vacated lots by occupancy and improvements.


title: RCW 58.28.520

text:
Except as hereinbefore specially provided, the city or town council in incorporated cities and towns, and the judge of the superior court, as trustee, in cases of unincorporated government townsites, are hereby expressly given power and jurisdiction to hear and determine all questions arising under this chapter and under said acts of congress and the right to ascertain who were the occupants of lots in such government townsites at the time of the entry thereof in the United States land office, and to determine from sworn testimony who are and who are not entitled to deeds of conveyance to specific lots in such government townsite, subject to review by courts of competent jurisdiction.
[ 1909 c 231 s 53; RRS s 11536. Prior: 1888 c 124 pp 216-220.]

catchline: Controversies, by whom settled—Review.


title: RCW 59.04.010

text:
Tenancies from year to year are hereby abolished except when the same are created by express written contract. Leases may be in writing or print, or partly in writing and partly in print. Nothing in this section shall be construed in any manner to conflict with or supersede RCW 59.18.210.
[ 2024 c 27 s 1; Code 1881 s 2053; 1867 p 101 s 1; RRS s 10619.]

catchline: Tenancies from year to year abolished except under written contract.


title: RCW 59.04.020

text:
When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of thirty days or more, preceding the end of any of said months or periods, given by either party to the other.
[Code 1881 s 2054; 1867 p 101 s 2; RRS s 10619. Prior: 1866 p 78 s 1.]
Notes:
Unlawful detainer, notice requirement: RCW 59.12.030(2).

catchline: Tenancy from month to month—Termination.


title: RCW 59.04.030

text:
In all cases where premises are rented for a specified time, by express or implied contract, the tenancy shall be deemed terminated at the end of such specified time.
[Code 1881 s 2055; 1867 p 101 s 3; RRS s 10620.]

catchline: Tenancy for specified time—Termination.


title: RCW 59.04.040

text:
When a tenant fails to pay rent when the same is due, and the landlord notifies him or her to pay said rent or quit the premises within ten days, unless the rent is paid within said ten days, the tenancy shall be forfeited at the end of said ten days.
[ 2010 c 8 s 19001; Code 1881 s 2056; 1867 p 101 s 4; no RRS.]

catchline: Ten-day notice to pay rent or quit premises.


title: RCW 59.04.050

text:
Whenever any person obtains possession of premises without the consent of the owner or other person having the right to give said possession, he or she shall be deemed a tenant by sufferance merely, and shall be liable to pay reasonable rent for the actual time he or she occupied the premises, and shall forthwith on demand surrender his or her said possession to the owner or person who had the right of possession before said entry, and all his or her right to possession of said premises shall terminate immediately upon said demand.
[ 2010 c 8 s 19002; Code 1881 s 2057; 1867 p 101 s 5; RRS s 10621.]

catchline: Tenancy by sufferance—Termination.


title: RCW 59.04.900

text:
This chapter does not apply to any rental agreement included under the provisions of chapter 59.18 RCW.
[ 1973 1st ex.s. c 207 s 45.]

catchline: Chapter inapplicable to rental agreements under landlord-tenant act.


title: RCW 59.08.010

text:
In cases of default in the payment of rent for real property where the stipulated rent or rental value does not exceed forty dollars per month, no notice to quit or pay rent, other than filing and serving a summons and complaint, as hereinafter provided, shall be required to render the holding of such tenant thereafter unlawful. If the landlord shall, after such default in the payment of rent, accept payment thereof, such acceptance of payment shall operate to reinstate the right of the tenant to possession for the full period fixed by the terms of any agreement relating to the right of possession.
[ 1941 c 188 s 1; Rem. Supp. 1941 s 814-1.]

catchline: Summons and complaint as notice—Acceptance of rent after default.


title: RCW 59.08.020

text:
The superior court of the county in which the real property or some part thereof is situated shall have jurisdiction of proceedings for the recovery of possession of said real property alleged to be wrongfully detained.
[ 1941 c 188 s 2; Rem. Supp. 1941 s 814-2.]

catchline: Venue.


title: RCW 59.08.030

text:
Such proceedings shall be commenced by the filing of a complaint executed under oath by the owner or landlord or his or her authorized agent. It shall be sufficient to state in such complaint a description of the property with reasonable certainty, that the defendant is in possession thereof and wrongfully holds the same by reason of failure to pay the agreed rental due, or the monthly rental value of the premises.
[ 2010 c 8 s 19003; 1941 c 188 s 3; Rem. Supp. 1941 s 814-3.]

catchline: Complaint.