Wash. Rev. Code » Title 47 · Chapter 47.12
Revised Code of Washington

Wash. Rev. Code § 47.12.010 (2026)

✓ current as of May 2026
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Whenever it is necessary to secure any lands or interests in land for a right-of-way for any state highway, or for the drainage thereof or construction of a protection therefor or so as to afford unobstructed vision therefor toward any railroad crossing or another public highway crossing or any point of danger to public travel or to provide a visual or sound buffer between highways and adjacent properties or for the purpose of acquiring sand pits, gravel pits, borrow pits, stone quarries, or any other land for the extraction of materials for construction or maintenance or both, or for any site for the erection upon and use as a maintenance camp, of any state highway, or any site for other necessary structures or for structures for the health and accommodation of persons traveling or stopping upon the state highways of this state, or any site for the construction and maintenance of structures and facilities adjacent to, under, upon, within, or above the right-of-way of any state highway for exclusive or nonexclusive use by an urban public transportation system, or for any other highway purpose, together with right-of-way to reach such property and gain access thereto, the department of transportation is authorized to acquire such lands or interests in land in behalf of the state by gift, purchase, or condemnation. In case of condemnation to secure such lands or interests in land, the action shall be brought in the name of the state of Washington in the manner provided for the acquiring of property for the public uses of the state, and in such action the selection of the lands or interests in land by the secretary of transportation shall, in the absence of bad faith, arbitrary, capricious, or fraudulent action, be conclusive upon the court and judge before which the action is brought that said lands or interests in land are necessary for public use for the purposes sought. The cost and expense of such lands or interests in land may be paid as a part of the cost of the state highway for which such right-of-way, drainage, unobstructed vision, sand pits, gravel pits, borrow pits, stone quarries, maintenance camp sites, and structure sites or other lands are acquired.
[ 1977 ex.s. c 151 s 46; 1967 c 108 s 4; 1961 c 13 s 47.12.010. Prior: 1937 c 53 s 25, part; RRS s 6400-25, part.]

Notes:

Urban public transportation system defined: RCW 47.04.082.
Right-of-way donations: Chapter 47.14 RCW.
Notes of Decisions
Cited in 17 cases, 1954–2018 · leading case: Wa State Dep't Of Transporation, Res. v. City Of Seattle, App., 192 Wash. App. 824 (Wash. Ct. App. 2016).
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Wa State Dep't Of Transporation, Res. v. City Of Seattle, App., 192 Wash. App. 824 (Wash. Ct. App. 2016). · cites it 6× “260 and RCW 47.12.010.” Seattle’s decision to require and to issue grading permits for portions of the SR 520 West Approach Bridge North project was an erroneous interpretation of the Seattle Grading Code, SMC 22.”
State Ex Rel. Sternoff v. SUP'R CT. FOR KING CTY., 325 P.2d 300 (Wash. 1958). · cites it 3× “010), and has commenced this action as authorized by RCW 47.12.010, which provides, in part: “The director on behalf of the state may acquire by .”
State v. Mottman Merc. Co., Inc., 321 P.2d 912 (Wash. 1958). · cites it 2× “" There was a verdict in the sum of "Three Thousand Three Hundred and Fifty Dollars ($3,350) ((150.”
Wandermere Corp. v. State, 488 P.2d 1088 (Wash. 1971). · cites it 2× “RCW 47.12.010 provides, in relevant part: Whenever it is necessary to secure any lands or interests in land for a right of way for any state highway, or for the drainage thereof or construction of a protection therefor .”
State v. Human Relations Rsch. Found., 391 P.2d 513 (Wash. 1964). “Third: The state contends that the title of Laws of 1959, chapter 303, refers only to condemnation; that RCW 47.12.010 authorizes the highway department to acquire rights of way by gift, purchase, or condemnation; hence the subject of chapter 303 is not expressed in the title…”
State v. Bank of California, 491 P.2d 697 (Wash. Ct. App. 1971). “by purchase, lease, condemnation, gift, devise, bequest, grant or exchange, title to or any interests or rights in real property adjacent to state highways for the preservation of natural beauty, *863 historic sites or viewpoints or for safety rest areas or to provide a visual…”
State Ex Rel. Eastvold v. SUP'R CT. FOR SKAGIT CTY., 269 P.2d 560 (Wash. 1954). “The issues in an eminent domain proceeding are governed by RCW 47.12.010 [cf. Rem. Rev. Stat., Yol. 7A, § 6400-25, part], which reads: “The director on behalf of the state may acquire by gift, purchase, or condemnation any property and property rights, including deposits of road…”
State Ex Rel. Lange v. Sup. Ct. for King Cty., 377 P.2d 425 (Wash. 1963). · cites it 2× “010: "Whenever it is necessary to secure any lands for a right of way for any state highway, or for the drainage thereof or construction of a protection therefor or so as to afford unobstructed vision therefor toward ... any point of danger to public travel .”
State ex rel. Wenatchee-Beebe Orchard Co. v. Superior Court for Chelan Cnty., 359 P.2d 146 (Wash. 1961). “” By RCW 47.12.010, the director is empowered to acquire, by condemnation, any property and property rights necessary for the construction, protection, and maintenance of state highways.”
Freeman v. State, 309 P.3d 437 (Wash. 2013). “Notably, RCW 47.12.010, a condemnation statute addressing acquisition of property, specifically states that actions can be brought where there is bad faith, arbitrary, capricious, or fraudulent action.”
State v. Burdulis, 421 P.2d 1019 (Wash. 1966). · cites it 2× “It is apparent, however, from the trial judge’s oral decision that he recognized the desirability and need for the proposed storage or turn lane, and predicated his denial of the petition upon a rejection of the state’s proposal to elevate the highway. Our review of the…”
State v. Superior Court for King Cnty., 377 P.2d 425 (Wash. 1963). · cites it 2× “010: “Whenever it is necessary to secure any lands for a right of way for any state highway, or for the drainage thereof or construction of a protection therefor or so as to afford unobstructed vision therefor toward . . . any point of danger to public travel .”
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