Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1959 NO. 91 >

Items of road construction equipment within the definition of vehicle under RCW 46.04.670 must be licensed where such vehicles are employed for construction purposes on public highways open to public travel.

AGO 1957 NO. 104 >

Under the 1956 federal aid highway act federal funds cannot be made available for the purchase of additional rights of way to accommodate a rapid rail transit system within the highway right of way.  The use of motor vehicle funds as the state's participating money in the purchase of additional rights of way to accommodate a rapid rail transit system within the highway right of way would constitute a diversion of motor vehicle funds under the 18th Amendment to the Washington constitution.

AGO 1966 NO. 111 >

Where the commissioner of public lands, pursuant to RCW 79.01.340, has granted a right of way across public lands to the state highway department, or to a board of county commissioners, for the establishment and construction of a road or street, and has received legally required compensation therefor, the right of way grantee may, in turn, grant a franchise to a public utility for power lines, telephone and telegraph lines, gas lines, water mains, or sewer lines without the payment of additional compensation to the commissioner.

AGLO 1973 NO. 112 >

Where a board of county commissioners makes a consolidated publication covering all day labor projects of more than $2,500 for the preceding year, as provided for in WAC 136-16-060, this publication will not constitute compliance by the board with the statutory requirements of RCW 36.77.070.

AGO 1951 NO. 121 >

Section 32, chapter 269, Laws of 1951, is susceptible of two constructions, and thus the construction most favorable to the violator must be adopted, which is that excess weight payments apply only to the weights in excess of those allowed by sections 30 and 31 for vehicles and combinations of vehicles.

AGO 1953 NO. 139 >

The bridge across the Columbia River between Kennewick and Pasco lies outside the corporate limits of both cities and can therefore be abandoned by the state under chapter 57, Laws of 1953, and the responsibility for the care and maintenance of the bridge falls upon the counties of Benton and Franklin even though neither county has a road connecting to the bridge.

AGO 1957 NO. 145 >

After a highway has become an established limited access facility it is not necessary for the state highway commission to hold a hearing before it can change or modify the plan of access control in a manner that will either provide more restrictive or more liberal access to said highway.

AGO 1953 NO. 148 >

A Limited Access hearing is not required by law when the proposed improvement will be established on a different location than that occupied by an existing highway.

AGO 1953 NO. 151 >

A special permit issued under RCW 46.44.047, as amended by section 10, chapter 254, Laws of 1953, must be cancelled upon first violation of the terms or conditions of the permit.

AGO 1958 NO. 155 >

A board of directors of a public school district cannot legally employ school crossing guards to be stationed at intersections where children must cross streets or highways in order to go to or from school, and to vest such guards with the authority to enforce the traffic laws.