Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1989 NO. 6 >

1.A fire protection district may withdraw an area from the boundaries of the district pursuant to RCW 52.04.056 without first referring such action to a vote of the property owners residing within the withdrawn area.2.A fire protection district may not provide fire and emergency medical services, on a regular basis, to an area that has been withdrawn from the district pursuant to RCW 52.04.056.3.A fire protection district that has withdrawn an area from its boundaries pursuant to RCW 52.04.056 may not "reannex" the area in the same year and thus provide the area with services without subjecting the property in the area to a tax levy for the year.4.Where a fire protection district withdraws territory pursuant to RCW 52.04.056 which constitutes only a portion of another taxing district, and the boundaries of the fire protection district are reestablished after March 1 of a given year, the year's tax levy will be based on the former and not on the reestablished boundaries.5.The procedures in RCW 52.04.056, which govern the withdrawal and reannexation of territories of fire protection districts in certain circumstances, are not subject to the boundary review procedures set forth in chapter 36.93 RCW.

AGO 1975 NO. 8 >

In a school district which has been divided into school director districts under RCW 28A.57.050, a school director's voluntary change of his place of residence and voting registration from one director district to another within the school district disqualifies him from continuing to serve for the remainder of the term for which he was elected because of the continuing qualification provisions now contained in RCW 28A.57.318.

AGO 1969 NO. 10 >

In a school district which has been divided into school director districts under RCW 28.57.050, a school director's voluntary removal of his place of residence from one director district to another within the school district does not disqualify him from continuing to serve for the remainder of the term for which he was elected.

AGO 1992 NO. 12 >

When the boundaries of a legislative district for the Office of State Senate have been changed by redistricting, a special election for the remainder of the existing senate term should be conducted in the newly redistricted senate district.  Candidates for that election must be residents of the new district as required by RCW 42.04.020.

AGO 1973 NO. 23 >

A public utility district may annex adjacent territory located in a county other than that in which the district was created where such adjacent territory is not situated within the boundaries of another public utility district.

AGO 1987 NO. 24 >

The seat of government is the city of Olympia as it existed in 1890.  All state executive offices must be located at the seat of government, i.e. , in, within, near, or in close proximity to the city of Olympia as it existed in 1890.   The agency head and core administrative functions must be located at the seat of government.  Branch offices may be located away from the seat of government.   An agency head and core administrative functions may be located other than at the seat of government on a temporary basis.

AGO 1966 NO. 87 >

In a public utility district which is coextensive with the county in which it is located, public utility commissioner districts are automatically affected by a change made in county commissioner district boundaries by the board of county commissioners.

AGO 1966 NO. 96 >

(1) Existing statutory procedures set forth in RCW 36.04.400 and in RCW 36.05.010-36.05.080 do afford a legally sufficient means of establishing the location of disputed county boundary lines; however, this is not to say that these procedures possess optimum practical utility in view of the nature and extent of potential county boundary disputes. (2) The legislature may constitutionally create a county boundary line commission (in the general form provided for by House Bill No. 157) for the purposes set forth in your second question, as paraphrased. (3) The legislature may amend existing statutes describing the boundaries of county boundaries for the sole purpose of removing ambiguities and clarifying uncertainties, without violating the prohibition in Article II, § 28 (18). (4) The legislature may vest a boundary line commission with the power to hear and decide county boundary disputes and, by order, to conclusively locate and establish disputed county boundary lines on a prospective basis ‑ subject to compliance with pertinent criteria regarding the delegation of "quasi-judicial" power. (5) The legislature could, as a part of such legislation, preclude review in the courts by any of the counties involved or any citizen residing in the area affected, as to the prospective application of the true county boundary lines established by the boundary commission's order; however, no such administrative order could have the effect of determining private property rights required prior to the final adjudication of the true county boundaries.

AGO 1966 NO. 106 >

(1) When a city of the first class which is presently contained within a single first class school district extends its territorial boundaries by annexing unincorporated territory outside its corporate limits‑-which territory is part of a second class school district operating elementary schools on several sites, a junior high school and a senior high school‑-it is not mandatory, under RCW 28.57.150, that the territory of the second class district be annexed to the city school district. (2) Same :  Under the facts set forth in (1), the county committee on school district organization may not, in the exercise of its discretion under RCW 28.57.150, annex the territory to the school district containing the city‑-such discretion having been removed by amendment during the 1965 legislature. See, § 1, chapter 108, Laws of 1965, Ex. Sess. (3) Same :  Under the facts set forth in (1), the residents of the territory annexed to the first class city may not require the territory to be annexed to the school district containing the city.

AGO 1958 NO. 193 >

A county committee on school district organization may transfer territory from one school district to another when such territory is situated within the boundaries of a military reservation over which the U. S. has assumed exclusive jurisdiction.