Revised Code of Washington
Wash. Rev. Code § 35.02.180 (2026)
✓ current as of May 2026
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The ownership of all county roads located within the boundaries of a newly incorporated city or town shall revert to the city or town and become streets as of the official date of incorporation. However, any special assessments attributable to these county roads shall continue to exist and be collected as if the incorporation had not occurred. Property within the newly incorporated city or town shall continue to be subject to any indebtedness attributable to these roads and any related property tax levies.
The territory included within the newly incorporated city or town shall be removed from the road district as of the official date of incorporation. The territory included within the newly incorporated city or town shall be removed from a fire protection district or districts or library district or districts in which it was located, as of the official date of incorporation, unless the fire protection district or districts have annexed the city or town during the interim period as provided in *RCW 52.04.160 through 52.04.200, or the library district or districts have annexed the city or town during the interim period as provided in **RCW 27.12.260 through 27.12.290.
[ 1986 c 234 s 17.]
Notes:
Notes of Decisions
Cited in 7
cases, 1991–2015 · leading case: City of Lakewood v. Pierce Cnty., 23 P.3d 1 (Wash. Ct. App. 2001).
City of Lakewood v. Pierce Cnty., 23 P.3d 1 (Wash. Ct. App. 2001). “Upon incorporation, Lakewood assumed control of the public streets and rights-of-way within the area of incorporation pursuant to RCW 35.02.180. In 1997, Lakewood and the County began negotiating for a franchise for the continued use of Lakewood rights-of-way by the County sewer…”
City of Fed. Way v. King Cnty., 815 P.2d 790 (Wash. Ct. App. 1991). “RCW 35.02.180. More importantly, had King County not enacted the vacation ordinance as an emergency provision, the ordinance would never have taken effect at all because Federal Way would have acquired title to the segment before the ordinary 10-day-after-enactment effective…”
City of Lakewood v. Pierce Cnty., 106 Wash. App. 63 (Wash. Ct. App. 2001). “Upon incorporation, Lakewood assumed control of the public streets and rights-of-way within the area of incorporation pursuant to RCW 35.02.180. In 1997, Lakewood and the County began negotiating for a franchise for the continued use of Lakewood rights-of-way by the County sewer…”
City of Spokane Valley v. Spokane Cnty., 145 Wash. App. 825 (Wash. Ct. App. 2008). “¶1 Under RCW 35.02.180, “[t]he ownership of all county roads located within the boundaries of a newly incorporated city or town shall revert to the city or town and become streets as of the official date of incorporation.”
City of Spokane Valley v. Spokane Cnty., 187 P.3d 340 (Wash. Ct. App. 2008). “¶ 1 Under RCW 35.02.180, "[t]he ownership of all county roads located within the boundaries of a newly incorporated city or town shall revert to the city or town and become streets as of the official date of incorporation.”
City of Lakewood v. Pierce Cnty., 6 P.3d 1184 (Wash. Ct. App. 2000). “RCW 35.02.180. 28 U.S.C. § 2409a(b) states: The United States shall not be disturbed in possession or control of any real property involved in any action under this section pending a final judgment or decree, the conclusion of any appeal therefrom, and sixty days; and if the…”
City Of Woodinville v. The Fowler P'ship (Wash. Ct. App. 2015). “King County's interest in NE 173rd Street reverted to Woodinville by virtue of RCW 35.02.180 upon incorporation. Woodinville is entitled to the transfer of the deed as a mere formality.”
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