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AGO 1950 No. 307 - July 21, 1950
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Smith Troy | 1941-1952 | Attorney General of Washington

STATE PARKS AND RECREATION COMMISSION ‑- AUTHORITY TO ACCEPT AND IMPROVE PROPERTY WITHIN CITY.

The State Parks and Recreation Commission does not have jurisdiction to accept or improve property within the limits of an incorporated city.

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                                                                    July 21, 1950

Honorable Arthur R. Paulsen
Representative, Twenty-Eighth District
224 So. 59th Street
Tacoma, Washington                                                                                                  Cite as:  AGO 49-51 No. 307

Dear Sir:

            We have your letter of June 26, 1950, asking the following question:

            Does the State Parks and Recreation Commission have jurisdiction to accept and improve property, owned by Pierce County, in the City of Tacoma for proper park purposes?

            You are advised:

            The State Parks and Recreation Commission does not have jurisdiction to accept or improve property within the limits of an incorporated city.

                                                                     ANALYSIS

            A county may transfer property to the State of Washington for park purposes.  Chapter 34, Laws of 1937 (Rem. Rev. Stat. Supp. 3991-3).

            A city may acquire property for park purposes in conjunction with either the state or the county.  Chapter 107, Laws of 1921 (Rem. Rev. Stat. 9319).   [[Orig. Op. Page 2]] The state, however, in acquiring property for state parks, is limited to areas not within the city limits of any city.  Chapter 149, Laws of 1921; chapter 157, Laws of 1923; chapter 148, Laws of 1929 (Rem. Rev. Stat. 10942).

            Section 5, chapter 271, Laws of 1947 (10768-4 Rem. Supp. 1947) grants the State Parks and Recreation Commission certain powers in addition to those theretofore granted to the State Board of Park Commissioners or the State Parks Committee, but provides:

            "* * * That the State Parks and Recreation Commission shall not have power to supervise directly any local park or recreation district, and no funds shall be made available for such purposes."

            You are therefore, advised that the State Parks and Recreation Commission does not have the power to improve the lands which you mention, assuming that the purpose mentioned is a proper park purpose.

Very truly yours,

SMITH TROY
Attorney General

E. P. DONNELLY
Assistant Attorney General

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