HomeMy WebLinkAboutRight of Way - PLN General - 8/17/1981 9' Office Of The
/PROSECUTING ATTORNEY Byron E. McClanahan
Of Mason County,Washington August 17, 1981 Prosecuting Attorney
TO : County Engineer
FROM: John H. Buckwalter, Deputy Prosecutor
RE : Unopened Right-of-Way; your Memo dated Aug. 7, 1981
In your referenced Memo you directed to this office certain questions
about unopened rights-of-way, a situation which you and I previously
discussed in my office several weeks ago, particularly with respect to
the Allyn area. I thought that the County' s legal position was
clarified at that time . However, since Mr. McClanahan has referred
your Memo to me for reply, let me restate :
1) Where a plat was filed prior to 1909 and a dedicated road or a
portion thereof was not opened to the public within five (5)
years after filing, the road or portion thereof was vacated by
operation of law and reverted to prior owner(s) . The County has
no possessory interests , and any questions as to ownership ,
easements , etc. , are private concerns in which the County is not
a party.
2) Any portion of the road which was opened to the public was not
vacated and the County retained a possessory interest although not
a maintenance responsibility until accepted into the County road
system.
3) The opened portion right-of-way remained the width as shown on
the plat unless the County subsequently vacated a portion of that
width.
4) If the retained portion of the right-of-way is brought up to
County standards and accepted into the County system, the County
at that time accepts jurisdiction and responsibility for
maintenance.
Applying the above to the Allyn road as we understand the facts from
your Memo;
1) There is a portion of the road which was never opened to the
public and was therefore vacated and is now subject only to
private, not County, concerns .
2) A portion was opened to the public and therefore was not vacated;
however, in 1979 the 60' right-of-way was reduced to 30' by
action of the Commissioners . The County retains no possessory
interest in the vacated 30' which is now subject to private
concern only.
Memo : County Engineer
August 17, 1981
Page 2
3) The remaining 30 ' right-of-way was brought up to the County
standards and accepted into the County road system in 1979 ; at
that time, but not before, the County became responsible for
maintenance of the 30' road.
We hope that the above will provide the general information for future
inquiries as well as for replying to Mr. Caley' s letter which we
return herewith.
Reviewed and Concurred:
C
McCLANAHAN
Prosecuting Attorney
cc : County Commissioners
(Information Only)
JHB/mji