Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1981 NO. 27 > Oct 20 1981

In view of the source of the appropriation involved it would be improper for the state to purchase the Milwaukee Railroad right-of-way and existing bridges from Easton in Kittitas County to Tekoa in Whitman County, in accordance with § 17, chapter 143, Laws of 1981, with the present intent or plan to use the subject property for a purpose other than recreation; however, based upon a material change of circumstances following its acquisition, justifying a corresponding change in use, it would be permissible for the legislature to authorize such an ensuing change in use of the land.