Revised Code of Washington
Wash. Rev. Code § 35.79.010 (2026)
Petition by owners—Fixing time for hearing
✓ current as of May 2026
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The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the legislative authority to make vacation, giving a description of the property to be vacated, or the legislative authority may itself initiate by resolution such vacation procedure. The petition or resolution shall be filed with the city or town clerk, and, if the petition is signed by the owners of more than two-thirds of the property abutting upon the part of such street or alley sought to be vacated, legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority or a committee thereof, which time shall not be more than sixty days nor less than twenty days after the date of the passage of such resolution.
[ 1965 c 7 s 35.79.010. Prior: 1957 c 156 s 2; 1901 c 84 s 1, part; RRS s 9297, part.]
Notes of Decisions
Cited in 4
cases, 1965–1980 · leading case: Puget Sound Alumni of Kappa Sigma, Inc. v. City of Seattle, 422 P.2d 799 (Wash. 1967).
Puget Sound Alumni of Kappa Sigma, Inc. v. City of Seattle, 422 P.2d 799 (Wash. 1967). “" RCW 35.79.010 and 35.79.030 provide that when a petition to vacate a street is signed by the owners of more than two-thirds of the private property abutting upon the part of the street sought to be vacated, the petition shall be heard.”
London v. City of Seattle, 611 P.2d 781 (Wash. 1980). “As the owner of more than two-thirds of the abutting land, PMC petitioned under RCW 35.79.010. Several public hearings were conducted by various units of city government at which London and her counsel were active participants voicing her objections.”
State Ex Rel. Myhre v. City of Spokane, 422 P.2d 790 (Wash. 1967). “With reference to (2), does § 13 of the agreement bargain away the city's police power to vacate certain streets? RCW 35.79.010 provides, inter alia, that one who seeks to vacate streets within an incorporated city must file a petition requesting it, and that, thereafter, the…”
Yarrow First Assocs. v. Town of Clyde Hill, 403 P.2d 49 (Wash. 1965). “RCW 35.79.010 - RCW 35.79.050. It may convert a street to another public purpose more suited to the public good; it may vacate a street when it is no longer required for public use or when it has little public benefit; or it may vacate a street when it is desired to substitute a…”
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