Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1959 NO. 87 >

The width of the right of way which a county is entitled to rely upon for maintenance and improvement on highways acquired by the county under RCW 36.75.070 and 36.75.080 is such width as is reasonably necessary for public travel.

AGO 1966 NO. 121 >

A county may not use county road funds for the construction and maintenance of roads within the area of its county fairgrounds where the roads are to be used primarily by employees of the fair association and will not generally be open to use by the public at large.

AGO 1962 NO. 130 >

A franchise application by a utility company for permission from a board of county commissioners to utilize certain county roads adequately describes those roads by referring to the section, township, and range in which the roads are located.

AGO 1964 NO. 133 >

A county may reserve county road easements over tax title property which it proposes to sell provided that the right to the easement is first acquired under the county's power of eminent domain or by purchase pursuant to RCW 84.64.320.

AGO 1962 NO. 159 >

The board of county commissioners and a city council have the authority under chapter 245, Laws of 1961 (chapter 35.77 RCW) to enter into an agreement whereby the county agrees to construct a road within the city at a mutually agreed cost to the city.

AGO 1958 NO. 169 >

Counties may not grant permission to owners of land abutting county roads to construct sidewalks and curbs on county road right of ways.

AGO 1958 NO. 195 >

1.  A portion of state highway abandoned by the state of Washington and certified to a county must be maintained by the county.   2.  The county commissioners are authorized to exercise discretion in determining whether or not any particular road can be kept free of snow all winter.

AGO 1954 NO. 313 >

A county has no legal authority to gratuitously surface a town street.