Revised Code of Washington

Wash. Rev. Code § 36.87.060 (2026)

Hearing

✓ current as of May 2026

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(1) On the day fixed for the hearing, the county legislative authority shall proceed to consider the report of the engineer, together with any evidence for or objection against such vacation and abandonment. If the county road is found useful as a part of the county road system it shall not be vacated, but if it is not useful and the public will be benefited by the vacation, the county legislative authority may vacate the road or any portion thereof. Its decision shall be entered in the minutes of the hearing.

(2) As an alternative, the county legislative authority may appoint a hearing officer to conduct a public hearing to consider the report of the engineer and to take testimony and evidence relating to the proposed vacation. Following the hearing, the hearing officer shall prepare a record of the proceedings and a recommendation to the county legislative authority concerning the proposed vacation. Their decision shall be made at a regular or special public meeting of the county legislative authority.

[ 1985 c 369 s 5; 1963 c 4 s 36.87.060. Prior: 1937 c 187 s 51, part; RRS s 6450-51, part.]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1967–2021 · leading case: Puget Sound Alumni of Kappa Sigma, Inc. v. City of Seattle, 422 P.2d 799 (Wash. 1967).

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Puget Sound Alumni of Kappa Sigma, Inc. v. City of Seattle, 422 P.2d 799 (Wash. 1967). · cites it 2× “RCW 36.87.060 provides in part: If the county road is found useful as a part of the county road system it shall not be vacated, but if it is not useful and the public will be benefited by the vacation, the board may vacate the road or any portion thereof.”

Bay Indus., Inc. v. Jefferson Cnty., 653 P.2d 1355 (Wash. Ct. App. 1982). “road is found useful as a part of_ the county road system it shall not be vacated, but if it is not useful and the public will be benefited by the vacation, the board may vacate the road . . . (Italics ours.) Appellant contends that, because of a ravine crossing its property,…”

Thayer v. King Cnty., 731 P.2d 1167 (Wash. Ct. App. 1987). “) Former RCW 36.87.060. Moreover, the Council has the statutory authority to vacate any portion of the road on its own motion.”

Coalition of Chiliwist Residents & Friends v. Okanogan Cnty. (Wash. Ct. App. 2017). · cites it 3× “The BOCC then directed a hearing officer to conduct a public hearing pursuant to RCW 36.87.060(2). Under that subsection, the hearing officer must consider the engineer's report and public testimony and exhibits, and then prepare a record of the proceedings and make a…”

Gamble Land & Timber, Ltd. v. Okanogan Cnty. (Wash. Ct. App. 2021). “120 (“the superior title, whether legal or equitable, shall prevail”) and RCW 36.87.060(1) (county legislative authority finds whether “the county road is .”

— Wash. Rev. Code § 36.87.060(1) — 1 case

— Wash. Rev. Code § 36.87.060(2) — 1 case

Coalition of Chiliwist Residents & Friends v. Okanogan Cnty. (Wash. Ct. App. 2017). “The BOCC then directed a hearing officer to conduct a public hearing pursuant to RCW 36.87.060(2). Under that subsection, the hearing officer must consider the engineer's report and public testimony and exhibits, and then prepare a record of the proceedings and make a…”

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