Revised Code of Washington
Wash. Rev. Code § 36.75.070 (2026)
Highways worked seven years are county roads
✓ current as of May 2026
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All public highways in this state, outside incorporated cities and towns and not designated as state highways, which have been used as public highways for a period of not less than seven years, where they have been worked and kept up at the expense of the public, are county roads.
[ 1963 c 4 s 36.75.070. Prior: 1955 c 361 s 2; prior: 1945 c 125 s 1, part; 1937 c 187 s 10, part; Rem. Supp. 1945 s 6450-10, part.]
Notes of Decisions
Cited in 4
cases, 1965–2012 · leading case: Todd v. Kitsap Cnty., 676 P.2d 484 (Wash. 1984).
Todd v. Kitsap Cnty., 676 P.2d 484 (Wash. 1984). “They argue that the 7-year statute of limitations for prescriptive taking set forth in RCW 36.75.070 is inapplicable here and that a 10-year limitations period should apply.”
Tolliver v. United States, 957 F. Supp. 2d 1236 (W.D. Wash. 2012). “The United States argues that the County acquired prescriptive title to the Lower Elwha Road under Wash. Rev.Code § 36.75.070, which provides prescriptive title to roads maintained by a county for seven years: All public highways in this state, outside incorporated cities and…”
Hellberg v. Coffin Sheep Co., 404 P.2d 770 (Wash. 1965). “…not less than seven years, where they have been worked and kept up at the expense of the public, are county roads.” RCW 36.75.070”
Kingston Vill. Corp. v. King Cnty., 484 P.2d 408 (Wash. Ct. App. 1971). “Although there are a total of 44 assignments of error, the only issue in the case is a factual one as to whether or not respondent had acquired a prescriptive right to the property either under the 7-year statute, RCW 36.75.070, or 10-year statute, RCW 36.”
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