Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1957 NO. 24 > Mar 5 1957

Where a legally sufficient power has been presented to the board of county commissioners praying for the incorporation of a certain described area now unincorporated as a town, the board cannot exclude from the boundaries of the proposed town lands it deems not proper for incorporation, if through the exclusion the population of the remaining is less than 300, which is the minimum population required for incorporation.  RCW 35.27.020, providing that no more than 20 acres of unplatted land belonging to any one person shall be taken into the limits of a town, does not apply to original incorporations.