Revised Code of Washington

Wash. Rev. Code § 79.36.310 (2026)

Acquisition of property interests for access authorized

✓ current as of May 2026
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Whenever the department finds that it is in the best interests of the state of Washington to acquire any property or use of a road in private ownership to afford access to state timber and other valuable material for the purpose of developing, caring for, or selling the same, the acquisition of such property, or use thereof, is hereby declared to be necessary for the public use of the state of Washington, and the department is authorized to acquire such property or the use of such roads by gift, purchase, exchange, or condemnation, and subject to all of the terms and conditions of such gift, purchase, exchange, or decree of condemnation to maintain such property or roads as part of the department's land management road system.
[ 2003 c 334 s 226; 1963 c 140 s 1; 1945 c 239 s 1; Rem. Supp. 1945 s 5823-30. Formerly RCW 76.16.010.]

Notes:

Intent2003 c 334: See note following RCW 79.02.010.
Eminent domain: State Constitution Art. 1 s 16; chapter 8.04 RCW.
State lands subject to easements for removal of materials: RCW 79.36.370 and 79.36.590.
Notes of Decisions
Cited in 3 cases, 2005–2005 · leading case: Dickgieser v. State, 105 P.3d 26 (Wash. 2005).
Dickgieser v. State, 105 P.3d 26 (Wash. 2005). · cites it 2× “[4] This statute indicates *32 that the legislature contemplated the need to use private lands adjacent to state forest lands in order to carry on activities such as logging.”
Dickgieser v. State, 153 Wash. 2d 530 (Wash. 2005). · cites it 2× “Analogous to the statute noted in Boitano , RCW 79.36.310 authorizes the Department to acquire by gift, purchase, exchange, or condemnation, property or use of a road the State considers necessary in order to gain access to state timber lands.”
Robertson v. Washington State Parks, 145 P.3d 379 (Wash. Ct. App. 2005). “RCW 79.36.310 authorizes the Department of Natural Resources to acquire property interests to access state lands: “the department is authorized to acquire such property or the use of such roads by gift, purchase, exchange, or condemnation .”
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