Revised Code of Washington

Wash. Rev. Code § 35.21.010 (2026)

✓ current as of May 2026

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(1) Municipal corporations now or hereafter organized are bodies politic and corporate under the name of the city of . . . . . ., or the town of . . . . . ., as the case may be, and as such may sue and be sued, contract or be contracted with, acquire, hold, possess and dispose of property, subject to the restrictions contained in other chapters of this title, having a common seal, and change or alter the same at pleasure, and exercise such other powers, and have such other privileges as are conferred by this title. However, not more than two square miles in area shall be included within the corporate limits of a town having a population of fifteen hundred or less, or located in a county with a population of one million or more, and not more than three square miles in area shall be included within the corporate limits of a town having a population of more than fifteen hundred in a county with a population of less than one million, nor shall more than twenty acres of unplatted land belonging to any one person be taken within the corporate limits of a town without the consent of the owner of such unplatted land.

(2) Notwithstanding subsections (1) and (3) of this section, a town located in three or more counties is excluded from a limitation in square mileage.

(3) Except as provided in subsection (2) of this section, the original incorporation of a town shall be limited to an area of not more than one square mile and a population as prescribed in RCW 35.01.040.

[ 1995 c 196 s 5; 1991 c 363 s 37; 1965 c 138 s 1; 1965 c 7 s 35.21.010. Prior: 1963 c 119 s 1; 1890 p 141 s 15, part; RRS s 8935.]

Notes:

Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

Validation of certain incorporations and annexations—Municipal corporations of the fourth class—1961 ex.s. c 16: "Any incorporation of a municipal corporation of the fourth class and any annexation of territory to a municipal corporation of the fourth class prior to March 31, 1961, which is otherwise valid except for compliance with the limitation to the area of one square mile as prescribed by section 15, page 141, Laws of 1889-90, is hereby validated and declared to be a valid incorporation or annexation in all respects." [ 1961 ex.s. c 16 s 1.]

Notes of Decisions

Cited in 11 cases, 1960–2020 · leading case: Yakima Cnty. (West Valley) Fire Prot. Dist. No. 12 v. City of Yakima, 858 P.2d 245 (Wash. 1993).

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Yakima Cnty. (West Valley) Fire Prot. Dist. No. 12 v. City of Yakima, 858 P.2d 245 (Wash. 1993). “RCW 35.21.010. Appellants argue, however, that the City did not have authority to enter the OUA's because it failed to enact an ordinance prior to entering the OUA's, as, appellants argue, is required by RCW 35.”

Johnson v. City of Spokane, 577 P.2d 164 (Wash. Ct. App. 1978). “RCW 35.21.010 gives the City of Spokane the power to own land; therefore, the City of Spokane, as an owner of land situated outside an incorporated city, has the right to petition for the annexation of that property under RCW 35.”

Parosa v. City of Tacoma, 357 P.2d 873 (Wash. 1960). · cites it 5× “” That section is now codified as RCW 35.21.010. 9 “35.17.02 Not more than one square mile in area shall be included within the limits of municipal corporations of the fourth class, nor shall more than twenty acres of unplatted land belonging to any one person be taken into its…”

Self v. Rhay, 377 P.2d 885 (Wash. 1963). “In the original compilation of the Revised Code of Washington (authorized by the legislature in 1941), the provisions contained in section 15 were divided into two code sections— RCW 35.21.010, relating to organization of municipal corporations, and RCW 35.”

State Ex Rel. Stephens v. Odell, 378 P.2d 932 (Wash. 1963). “And in relation to a fourth class city it is necessary to consider RCW 35.21.010, which provides that “ . . .”

Interlake Sporting Ass'n v. Washington State Boundary Review Bd., 146 P.3d 904 (Wash. 2006). “Immediately following the legislature’s general authorization of the board to add *563 annexation territory, the legislature expressly limited the board’s authority to add to a town’s proposed annexation territory: However, any proposal for annexation of territory to a town…”

Friends of North Spokane Cnty. Parks v. Spokane Cnty. (Wash. Ct. App. 2017). “In fact, the decision never clarified whether the realtor-landowners, whose consent to incorporation was required under RCW 35.21.010, were considered parties to the county's incorporation decision.”

Shaw v. City of Bremerton Police Dep't (W.D. Wash. 2020). “BPD provides an entire 9 page of citations to cases consistently holding that police and sheriff’s departments are not legal 10 entities subject to suit.”

Lumsden v. City of Bremerton Police Dep't (W.D. Wash. 2020). “It argues that while the 13 City of Bremerton is a municipal corporation which may sue and be sued under state law, 14 RCW 35.21.010(1), and under its city charter, Charter of the City of Bremerton, art.”

State ex rel. Thompson v. Carroll, 387 P.2d 70 (Wash. 1963). “RCW 35.21.010 provides, in part: “ . . . Provided, That not more than one square mile in area shall be included within the corporate limits of municipal corporations of the fourth class, nor shall more than twenty acres of unplatted land belonging to any one person be taken…”

Interlake Sporting Ass'n v. BRB, 146 P.3d 904 (Wash. 2006). “Immediately following the legislature's general authorization *913 of the board to add annexation territory, the legislature expressly limited the board's authority to add to a town's proposed annexation territory: However, any proposal for annexation of territory to a town…”

— Wash. Rev. Code § 35.21.010(1) — 2 cases

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