Wash. Rev. Code » Title 47 · Chapter 47.52
Revised Code of Washington

Wash. Rev. Code § 47.52.050 (2026)

Acquisition of property

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
(1) For the purpose of this chapter the highway authorities of the state, counties and incorporated cities and towns, respectively, or in cooperation one with the other, may acquire private or public property and property rights for limited access facilities and service roads, including rights of access, air, view and light, by gift, devise, purchase, or condemnation, in the same manner as such authorities are now or hereafter may be authorized by law to acquire property or property rights in connection with highways and streets within their respective jurisdictions. Except as otherwise provided in subsection (2) of this section all property rights acquired under the provisions of this chapter shall be in fee simple. In the acquisition of property or property rights for any limited access facility or portion thereof, or for any service road in connection therewith, the state, county, incorporated city and town authority may, in its discretion, acquire an entire lot, block or tract of land, if by so doing the interest of the public will be best served, even though said entire lot, block or tract is not immediately needed for the limited access facility.
(2) The highway authorities of the state, counties, and incorporated cities and towns may acquire by gift, devise, purchase, or condemnation a three-dimensional air space corridor in fee simple over or below the surface of the ground, together with such other property in fee simple and other property rights as are needed for the construction and operation of a limited access highway facility, but only if the acquiring authority finds that the proposal will not:
(a) impair traffic safety on the highway or interfere with the free flow of traffic; or
(b) permit occupancy or use of the air space above or below the highway which is hazardous to the operation of the highway.
[ 1971 ex.s. c 39 s 1; 1961 c 13 s 47.52.050. Prior: 1947 c 202 s 4; Rem. Supp. 1947 s 6402-63.]

Notes:

Award of costs in air space corridor acquisitions: RCW 8.25.073.
Right-of-way donations: Chapter 47.14 RCW.
Notes of Decisions
Cited in 9 cases, 1955–2016 · leading case: State v. Calkins, 314 P.2d 449 (Wash. 1957).
Sort: Relevance Newest Treatment
State v. Calkins, 314 P.2d 449 (Wash. 1957). · cites it 5× “RCW 47.52.050 [ cf. chapter 202, § 4, Laws of 1947, p.”
Daviscourt v. Peistrup, 698 P.2d 1093 (Wash. Ct. App. 1985). · cites it 3× “050, chapter 13, Laws of 1961 and RCW 47.52.050; and amending section 3, chapter 137, Laws of 1967 ex.”
State Ex Rel. Sternoff v. SUP'R CT. FOR KING CTY., 325 P.2d 300 (Wash. 1958). · cites it 3× “” By RCW 47.52.050, the legislature has provided for the acquisition of property for these facilities, in part, as follows: “For the purpose of this chapter the highway authorities of the state .”
State Ex Rel. Convention Ctr. v. Evans, 966 P.2d 1252 (Wash. 1998). “073 (costs to condemnee for taking "air space corridor"); RCW 47.52.050(2) (government may condemn "air space corridor" above or below highway); RCW 47.”
State v. Evans, 966 P.2d 1252 (Wash. 1998). “073 (costs to condemnee for taking “air space corridor”); RCW 47.52.050(2) (government may condemn “air space corridor” above or below highway); RCW 47.”
State v. Belmont Improvement Co., 495 P.2d 635 (Wash. 1972). “SR 104 will also cut off and bring to a dead end Kulshan Road upon which the Malinowskis’ property fronts.”
State Ex Rel. Duvall v. City Council of City of Seattle, 429 P.2d 235 (Wash. 1967). · cites it 3× “RCW 47.52.050 3 (not affected by Laws of 1965, Ex.”
State Of Washington v. Mountain View Place, Llc (Wash. Ct. App. 2016). · cites it 2× “Clerk’s Papers (CP) at 33-34; see RCW 47.52.050(1). WSDOT did not pursue all of MVP’s limited access rights on Parcel 4-08353.”
State Ex Rel. Eastvold v. Sup'r Ct. for Cowlitz Cty., 287 P.2d 494 (Wash. 1955). “” RCW 47.52.050 provides: “For the purpose of this chapter the highway authorities of the- state, counties, and incorporated cities and towns, respectively, or in cooperation one with the other, may acquire private or public property and property rights for limited access…”
— Wash. Rev. Code § 47.52.050(1) — 1 case
State Of Washington v. Mountain View Place, Llc (Wash. Ct. App. 2016). “Clerk’s Papers (CP) at 33-34; see RCW 47.52.050(1). WSDOT did not pursue all of MVP’s limited access rights on Parcel 4-08353.”
— Wash. Rev. Code § 47.52.050(2) — 2 cases
State Ex Rel. Convention Ctr. v. Evans, 966 P.2d 1252 (Wash. 1998). “073 (costs to condemnee for taking "air space corridor"); RCW 47.52.050(2) (government may condemn "air space corridor" above or below highway); RCW 47.”
State v. Evans, 966 P.2d 1252 (Wash. 1998). “073 (costs to condemnee for taking “air space corridor”); RCW 47.52.050(2) (government may condemn “air space corridor” above or below highway); RCW 47.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.