Revised Code of Washington
Chapter 79.36 - Easements Over Public Lands.
79.36.440 - Right-of-way for public roads.

RCW 79.36.440
Right-of-way for public roads.

Any county or city or the United States of America or state agency desiring to locate, establish, and construct a road or street over and across any state lands of the state of Washington shall by resolution of the board of county commissioners of such county, or city council or other governing body of such city, or proper agency of the United States of America, or state agency, cause to be filed in the office of the department a petition for a right-of-way for such road or street, setting forth the reasons for the establishment thereof, accompanied by a duly attested copy of a plat made by the county or city engineer or proper agency of the United States of America, or state agency, showing the location of the proposed road or street with reference to the legal subdivisions, or lots and blocks of the official plat, or the lands, over and across which such right-of-way is desired, the amount of land to be taken and the amount of land remaining in each portion of each legal subdivision or lot or block bisected by such proposed road or street.
Upon the filing of such petition and plat the department, if deemed for the best interest of the state to grant the petition, shall cause the land proposed to be taken to be inspected and shall appraise the value of the land and valuable materials thereon and notify the petitioner of such appraised value.
If there are no valuable materials on the proposed right-of-way, or upon the payment of the appraised value of the land and valuable materials thereon, to the department in cash, or by certified check drawn upon any bank in this state, or money order, except for all rights-of-way granted to the department on which the valuable materials, if any, shall be sold at public auction or by sealed bid, the department may approve the plat filed with the petition and file and enter the same in the records of its office, and such approval and record shall constitute a grant of such right-of-way from the state.

[ 2003 c 334 § 385; 2001 c 250 § 12; 1982 1st ex.s. c 21 § 171; 1961 c 73 § 5; 1945 c 145 § 1; 1927 c 255 § 85; Rem. Supp. 1945 § 7797-85. Prior: 1917 c 148 § 9; 1903 c 20 § 1; 1897 c 89 § 35; 1895 c 178 § 46. Formerly RCW 79.01.340, 79.36.080.]
NOTES:

Intent—2003 c 334: See note following RCW 79.02.010.


Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.

Structure Revised Code of Washington

Revised Code of Washington

Title 79 - Public Lands

Chapter 79.36 - Easements Over Public Lands.

79.36.310 - Acquisition of property interests for access authorized.

79.36.320 - Condemnation—Duty of attorney general.

79.36.330 - Disposal of property interests acquired.

79.36.340 - Acquisition—Payment.

79.36.350 - Application for right-of-way.

79.36.355 - Grant of easements and rights in public land.

79.36.370 - Lands subject to easements for removal of valuable materials.

79.36.380 - Private easement subject to common user.

79.36.390 - Reasonable facilities and service for transportation must be furnished.

79.36.400 - Duty of utilities and transportation commission.

79.36.410 - Penalty for violation of orders.

79.36.430 - Forfeiture for nonuse.

79.36.440 - Right-of-way for public roads.

79.36.450 - Railroad right-of-way.

79.36.460 - Railroad right-of-way—Procedure to acquire.

79.36.470 - Railroad right-of-way—Appraisement.

79.36.480 - Railroad right-of-way—Improvements—Appraisal.

79.36.490 - Railroad right-of-way—Release or payment of damages.

79.36.500 - Railroad right-of-way—Certificate.

79.36.510 - Utility pipe lines, transmission lines, etc.

79.36.520 - Utility pipe lines, transmission lines, etc.—Procedure to acquire.

79.36.530 - Utility pipe lines—Appraisal—Certificate—Reversion.

79.36.540 - Right-of-way for irrigation, diking, and drainage purposes.

79.36.550 - Right-of-way for irrigation, diking, and drainage purposes—Procedure to acquire.

79.36.560 - Right-of-way for irrigation, diking, and drainage purposes—Appraisal—Certificate.

79.36.570 - Grant of overflow rights.

79.36.580 - Construction of foregoing sections.

79.36.590 - Easement reserved in later grants.

79.36.600 - Private easement over state lands.

79.36.610 - Easement over public lands subject to common user.

79.36.620 - Reservations in grants and leases.

79.36.630 - Duty of utilities and transportation commission.

79.36.640 - Penalty for violating utilities and transportation commission's order.

79.36.650 - Applications—Appraisement—Certificate—Forfeiture—Fee.