Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1970 NO. 137 >

This is written in response to your request for our opinion on three questions pertaining to county right-of-way acquisitions.  We paraphrase your questions as follows:  (1) Does a dedication deed of right-of-way by a land owner to a county convey fee simple title to the right-of-way property to the county?  (2) What is the effect of a dedication of a plat to a county which contains the following statement:   ". . .  The undersigned hereby dedicate to the public use the streets shown thereon.  There is reserved to any public utility or municipality the right to lay water mains, sewer lines, gas mains, or to erect transmission lines within the above described subdivision in the streets thereon."?   (3) Does a county, by acceptance of a dedicated road by either the right-of-way deed considered in question (1), or a plat dedication such as that considered in question (2), acquire any rights to gravel under the roadway?

AGLO 1971 NO. 137 >

This is written in response to your recent letter requesting our opinion regarding the proper statutory procedure to be followed by Pasco School District No. 1 in selling "an old unused school building and site" to the city of Pasco.  You have stated that the property in question may have an appraised value exceeding $35,000, and have asked:

AGLO 1970 NO. 138 >

We acknowledge receipt of your recent letter inquiring as to the applicability of the recall provisions of our state Constitution and statutes to (a) the members of a school board, and (b) a school superintendent.

AGLO 1971 NO. 138 >

Attached hereto you will find my memorandum of law to you regarding the present authority of a community college board of trustees to provide an overseas, in residence, high school completion program for United States servicemen in cooperation with the Department of the Army and the Veterans Administration.

AGLO 1970 NO. 139 >

This is written in response to your recent letter requesting our opinion on a question relating to RCW 87.03.435, the statutory "bid law" for irrigation districts.  Your specific question reads as follows:

AGLO 1970 NO. 140 >

By letter previously acknowledged you have requested the opinion of this office on two questions which we paraphrase as follows:  (1) May Western Washington State College legally pay, or be authorized by the state treasurer to pay, vendor and payroll obligations chargeable to its appropriated state treasury funds from its local funds; then periodically to reimburse its local funds with a single state warrant drawn on the treasury?   (2) If question (1) is answered in the affirmative, may such payment procedures be restricted to the state's four-year colleges and universities or must the procedure be permitted for other agencies with similar local funds?

AGLO 1970 NO. 141 >

This will acknowledge receipt of your letter of October 28, 1970, relating to the proposed consolidation of the cities of Camas and Washougal, Washington.

AGLO 1970 NO. 142 >

This is written in response to your recent letter requesting our advice as to the applicability of RCW 36.24.175 (codifying § 3, chapter 259, Laws of 1969, Ex. Sess.), in terms of the qualification of a particular individual for the office of county coroner in one of the counties affected by this statute, where the individual's previous ownership interest in a funeral home or mortuary has been transferred from him to his wife.

AGLO 1970 NO. 143 >

This is written in further response to your recent letter requesting our opinion on two questions pertaining to the effect upon county ad valorem property taxation of the incorporation of the Ocean Shores Peninsula as a noncharter code city under chapter 35A.03 RCW.

AGLO 1970 NO. 144 >

This is written in response to your recent letter requesting our opinion as to the authority of a county to construct, maintain and operate a sewerage system within the boundaries of a water district.