Washington § 79.36.440 Right-of-way for public roads.

Washington Statutes

§ 79.36.440 — Right-of-way for public roads.

Washington § 79.36.440

Title 79PUBLIC LANDS

Ch. 79.36EASEMENTS OVER PUBLIC LANDS

This text of Washington § 79.36.440 (Right-of-way for public roads.) is published on Counsel Stack Legal Research, covering Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wash. Rev. Code § 79.36.440 (2026).

Text

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 b

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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 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.

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 .

Legislative History

[2003 c 334 s 385;2001 c 250 s 12;1982 1st ex.s. c 21 s 171;1961 c 73 s 5;1945 c 145 s 1;1927 c 255 s 85; Rem. Supp. 1945 s 7797-85. Prior:1917 c 148 s 9;1903 c 20 s 1;1897 c 89 s 35;1895 c 178 s 46. Formerly RCW79.01.340,79.36.080.]