SB 5170

S-0807.3
  SUBSTITUTE SENATE BILL 5170
 State of Washington  69th Legislature        2025 Regular Session
 By Senate Agriculture & Natural Resources (originally sponsored by
 Senators Short, Chapman, and Dozier)
 READ FIRST TIME 02/03/25.
1      AN ACT Relating to boundary line surveys on public lands owned or
2  managed by the department of natural resources; amending RCW
3  58.04.007; and adding new sections to chapter 43.30 RCW.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5     NEW SECTION.   Sec. 1.   A new section is added to chapter 43.30
6 RCW to read as follows:
7     When the department conducts a land survey with the intent of
8 establishing land boundaries on lands other than aquatic lands as
9 defined in RCW 79.02.010, the department must notify in writing any
10 affected landowner within 30 days regarding the current and future
11 location of any proposed section corner or boundary marker. The
12 department must also provide an opportunity for review and comment,
13 including the presentation of historical evidence regarding the
14 location of any boundaries, and involvement regarding the proposed
15 location of the section corner or boundary marker including any
16 changes to any affected landowners' property boundaries.
17     NEW SECTION.   Sec. 2.  A new section is added to chapter 43.30
18 RCW to read as follows:
19     Before undertaking any survey pursuant to chapter 58.09 or 79.10
20 RCW on lands other than aquatic lands as defined in RCW 79.02.010,
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1  the department must first notify in writing any adjoining landowner.
2  The department must also provide an opportunity for review, comment,
3  the provision of evidence regarding historical boundaries, and
4  involvement regarding any potential boundary line adjustments,
5  including any impacts to any affected landowners.
6     Sec. 3.   RCW 58.04.007 and 1996 c 160 s 3 are each amended to
7 read as follows:
8     Whenever a point or line determining the boundary between two or
9 more parcels of real property cannot be identified from the existing
10 public record, including deeds of record, monuments, and landmarks,
11 or is in dispute, the landowners affected by the determination of the
12 point or line may resolve any dispute and fix the boundary point or
13 line by one of the following procedures:
14     (1) If all of the affected landowners agree to a description and
15 marking of a point or line determining a boundary, they shall
16 document the agreement in a written instrument, using appropriate
17 legal descriptions and including a survey map, filed in accordance
18 with chapter 58.09 RCW. The written instrument shall be signed and
19 acknowledged by each party in the manner required for a conveyance of
20 real property. The agreement is binding upon the parties, their
21 successors, assigns, heirs and devisees and runs with the land. The
22 agreement shall be recorded with the real estate records in the
23 county or counties in which the affected parcels of real estate or
24 any portion of them is located;
25     (2) ((If)) (a) Except as provided in (b) of this subsection, if
26 all of the affected landowners cannot agree to a point or line
27 determining the boundary between two or more parcels of real estate,
28 any one of them may bring suit for determination as provided in RCW
29 58.04.020.
30     (b) Before the department of natural resources may bring suit for
31 determination as provided in RCW 58.04.007 and 58.04.020, the
32 department of natural resources must comply with section 2 of this
33 act.
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