Revised Code of Washington

Wash. Rev. Code § 79.36.580 (2026)

Construction of foregoing sections

✓ current as of May 2026
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The foregoing sections relating to the acquiring of rights-of-way and overflow rights through, over and across lands belonging to the state, shall not be construed as exclusive or as affecting the right of municipal and public service corporations to acquire lands belonging to or under control of the state, or rights-of-way or other rights thereover, by condemnation proceedings.
[ 1927 c 255 s 103; RRS s 7797-103. Formerly RCW 79.01.412, 79.36.220.]

Notes:

Railroad rights-of-way: Chapter 81.52 RCW.
Notes of Decisions
Cited in 4 cases, 2013–2015 · leading case: Pub. Util. Dist. No. 1 v. State, 342 P.3d 308 (Wash. 2015).
Pub. Util. Dist. No. 1 v. State, 342 P.3d 308 (Wash. 2015). “Under RCW 79.36.580, the legislature authorized DNR with the power to grant easements over public lands but explicitly states that such power “shall not be construed as exclusive or as affecting the right of municipal and public service corporations to acquire lands belonging to…”
Pub. Util. Dist. No. 1 v. State, 174 Wash. App. 793 (Wash. Ct. App. 2013). “RCW 79.36.580. ¶45 The State contends the trust lands at issue are dedicated to a public use because they are actively managed by DNR.”
Pub. Util. Dist. No. 1 v. State of Washington & Peter Goldmark (Wash. Ct. App. 2013). “RCW 79.36.580. The State contends the trust lands at issue are dedicated to a public use because they are actively managed by DNR.”
Pub. Util. Dist. No. 1 v. State (Wash. 2015). “Under RCW 79.36.580, the legislature authorized DNR with the power to grant easements over public lands but explicitly states that such power "shall not be construed as exclusive or as affecting the right of municipal and public service corporations to acquire lands belonging to…”
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