30 chapters · 656 sections in this title.
RCW 79.36.310 Acquisition of property interests for access authorized.
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Whenever the department finds that it is in the best interests of the state of Washington to acquire any property or use of a road in private ownership to afford access to state timber and other valuable material for the purpose of developing, caring for, or selling the same, the…
RCW 79.36.320 Condemnation—Duty of attorney general.
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The attorney general of the state of Washington is hereby required and authorized to condemn said property interests found to be necessary for the public purposes of the state of Washington, as provided in RCW 79.36.310, and upon being furnished with a certified copy of the resol…
RCW 79.36.330 Disposal of property interests acquired.
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In the event the department should determine that the property interests acquired under the authority of this chapter are no longer necessary for the purposes for which they were acquired, the department shall dispose of the same in the following manner, when in the discretion of…
RCW 79.36.340 Acquisition—Payment.
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The department in acquiring any property interests under the provisions of this chapter, either by purchase or condemnation, is hereby authorized to pay for the same out of any moneys available to the department for this purpose.[ 2003 c 334 s 229; 1963 c 140 s 4; 1945 c 239 s 4;…
RCW 79.36.350 Application for right-of-way.
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(1) Any person, firm, or corporation engaged in the business of logging or lumbering, quarrying, mining or removing sand, gravel, or other valuable materials from land, and desirous of obtaining a right-of-way for the purpose of transporting or moving timber, minerals, stone, san…
RCW 79.36.355 Grant of easements and rights in public land.
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The department may grant to any person such easements and rights in public lands, not otherwise provided in law, as the applicant applying therefor may acquire in privately owned lands. No grant shall be made under this section until such time as the full market value of the esta…
RCW 79.36.370 Lands subject to easements for removal of valuable materials.
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All state lands granted, sold or leased since the fifteenth day of June, 1911, or hereafter granted, sold or leased, containing timber, minerals, stone, sand, gravel, or other valuable materials, or when other state lands contiguous or in proximity thereto contain any such valuab…
RCW 79.36.380 Private easement subject to common user.
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Every grant, deed, conveyance, contract to purchase or lease made since June 15, 1911, or hereafter made to any person, firm, or corporation, for a right-of-way for a private railroad, skid road, canal, flume, watercourse, or other easement, over or across any public lands for th…
RCW 79.36.390 Reasonable facilities and service for transportation must be furnished.
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Any person, firm, or corporation, having acquired such right-of-way or easement since June 15, 1911, or hereafter acquiring such right-of-way or easement over any public lands for the purpose of transporting or moving timber, mineral, stone, sand, gravel, or other valuable materi…
RCW 79.36.400 Duty of utilities and transportation commission.
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Should the owner or operator of any private railroad, skid road, flume, canal, watercourse or other easement operating over lands acquired since the fifteenth day of June, 1911, or hereafter acquired, from the state, as in the previous sections provided, fail to agree with the st…
RCW 79.36.410 Penalty for violation of orders.
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In case any person, firm or corporation, owning or operating any private railroad, skid road, flume, canal, watercourse or other easement, over and across any state lands, or any lands acquired since the fifteenth day of June, 1911, or hereafter acquired, from the state, subject …
RCW 79.36.430 Forfeiture for nonuse.
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Any such right-of-way heretofore granted which has never been used, or has ceased to be used for the purpose for which it was granted, for a period of two years, shall be deemed forfeited. The forfeiture of any such right-of-way heretofore granted, or granted under the provisions…
RCW 79.36.440 Right-of-way for public roads.
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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 …
RCW 79.36.450 Railroad right-of-way.
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A right-of-way through, over and across any state lands not held under a contract of sale, is hereby granted to any railroad company organized under the laws of this state, or any state or territory of the United States, or under any act of congress of the United States, to any e…
RCW 79.36.460 Railroad right-of-way—Procedure to acquire.
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In order to obtain the benefits of RCW 79.36.450, any railroad company hereafter constructing, or proposing to construct, a railroad, shall file with the department a copy of its articles of incorporation, due proof of organization thereunder, a map or maps, accompanied by the fi…
RCW 79.36.470 Railroad right-of-way—Appraisement.
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All state lands over which a right-of-way of any railroad to be hereafter constructed, shall be located, shall be appraised in the same manner as in the case of applications for the purchase of state lands, fixing the appraised value per acre for each lot or block, quarter sectio…
RCW 79.36.480 Railroad right-of-way—Improvements—Appraisal.
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Should any improvements, made by anyone not holding adversely to the state at the time of making such improvements or made in good faith by a lessee of the state whose lease had not been canceled or was not subject to cancellation for any cause, or made upon the land by mistake, …
RCW 79.36.490 Railroad right-of-way—Release or payment of damages.
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When the construction or proposed construction of said railroad affects the value of improvements on state lands not situated on the right-of-way or extra widths, the applicant for said right-of-way shall file with the department a valid release of damages duly executed by the ow…
RCW 79.36.500 Railroad right-of-way—Certificate.
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Upon full payment of the appraised value of any right-of-way for a railroad and of damages to state lands affected, the department shall issue to the railroad company applying for such right-of-way a certificate in such form as the department may prescribe, in which the terms and…
RCW 79.36.510 Utility pipe lines, transmission lines, etc.
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A right-of-way through, over, and across any state lands or state forestlands, may be granted to any municipal or private corporation, company, association, individual, or the United States of America, constructing or proposing to construct, or which has heretofore constructed, a…
RCW 79.36.520 Utility pipe lines, transmission lines, etc.—Procedure to acquire.
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In order to obtain the benefits of the grant made in RCW 79.36.510, the municipal or private corporation or company, association, individual, or the United States of America, constructing or proposing to construct, or which has heretofore constructed, such telephone line, ditch, …
RCW 79.36.530 Utility pipe lines—Appraisal—Certificate—Reversion.
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Upon the filing of the plat and field notes, as provided in RCW 79.36.520, the land applied for and the valuable materials on the right-of-way applied for, and the marked danger trees to be felled off the right-of-way, if any, and the improvements included in the right-of-way app…
RCW 79.36.540 Right-of-way for irrigation, diking, and drainage purposes.
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A right-of-way through, over and across any state lands is hereby granted to any irrigation district, or irrigation company duly organized under the laws of this state, and to any association, individual, or the United States of America, constructing or proposing to construct an …
RCW 79.36.550 Right-of-way for irrigation, diking, and drainage purposes—Procedure to acquire.
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In order to obtain the benefits of the grant provided for in RCW 79.36.540, the irrigation district, irrigation company, association, individual, or the United States of America, constructing or proposing to construct such irrigation ditch or pipe line for irrigation, or the diki…
RCW 79.36.560 Right-of-way for irrigation, diking, and drainage purposes—Appraisal—Certificate.
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Upon the filing of the plat and field notes as provided in RCW 79.36.550, the lands included within the right-of-way applied for shall be appraised as in the case of an application to purchase such lands, at the full market value thereof. Upon full payment of the appraised value …
RCW 79.36.570 Grant of overflow rights.
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The department shall have the power to grant to any person or corporation the right, privilege, and authority to perpetually back and hold water upon or over any state lands, and overflow such lands and inundate the same, whenever the department shall deem it necessary for the pu…
RCW 79.36.580 Construction of foregoing sections.
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The foregoing sections relating to the acquiring of rights-of-way and overflow rights through, over and across lands belonging to the state, shall not be construed as exclusive or as affecting the right of municipal and public service corporations to acquire lands belonging to or…
RCW 79.36.590 Easement reserved in later grants.
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All state lands hereafter granted, sold or leased shall be subject to the right of the state, or any grantee or lessee or successor in interest thereof hereafter acquiring other state lands, or acquiring the timber, stone, mineral or other natural products thereon, or the manufac…
RCW 79.36.600 Private easement over state lands.
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Every grant, deed, conveyance, lease or contract hereafter made to any person, firm or corporation over and across any state lands for the purpose of right-of-way for any logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse or other easement t…
RCW 79.36.610 Easement over public lands subject to common user.
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Any person, firm or corporation hereafter acquiring the right-of-way or other easement over state lands or over any tide or shore lands [tidelands or shorelands] belonging to the state, or over and across any navigable water or stream for the purpose of transporting or moving tim…
RCW 79.36.620 Reservations in grants and leases.
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Whenever any person, firm, or corporation shall hereafter purchase, lease, or acquire any state lands, or any easement or interest therein, or any timber, stone, mineral, or other natural products thereon, or the manufactured products thereof the purchase, lease, or grant shall b…
RCW 79.36.630 Duty of utilities and transportation commission.
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Should the owner or operator of any logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse, or other easement operating over lands hereafter acquired from the state, as in RCW 79.36.590 through 79.36.650 set out, fail to agree with the state or …
RCW 79.36.640 Penalty for violating utilities and transportation commission's order.
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In case any person, firm, or corporation owning and/or operating any logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse, or other easement subject to the provisions of RCW 79.36.590 through 79.36.650 shall fail to comply with any rule or ord…
RCW 79.36.650 Applications—Appraisement—Certificate—Forfeiture—Fee.
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Any person, firm, or corporation shall have a right-of-way over public lands, subject to the provisions of RCW 79.36.590 through 79.36.650, when necessary, for the purpose of hauling or removing timber, stone, mineral, or other natural products or the manufactured products thereo…