Wash. Rev. Code » Title 80 · Chapter 80.40
Revised Code of Washington

Wash. Rev. Code § 80.40.050 (2026)

Rights of company using storage—Rights of owners of condemned land and interests therein

✓ current as of May 2026
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All natural gas in an underground reservoir utilized for underground storage, whether acquired by eminent domain or otherwise, shall at all times be the property of the natural gas company utilizing said underground storage, its heirs, successors, or assigns; and in no event shall such gas be subject to any right of the owner of the surface of the land under which said underground reservoir lies or of the owner of any mineral interest therein or of any person other than the said natural gas company, its heirs, successors and assigns to release, produce, take, reduce to possession, or otherwise interfere with or exercise any control thereof: PROVIDED, That the right of condemnation hereby granted shall be without prejudice to the rights of the owner of the condemned lands or of the rights and interest therein to drill or bore through the underground reservoir in such a manner as shall protect the underground reservoir against pollution and against the escape of natural gas in a manner which complies with the orders, rules and regulations of the *oil and gas conservation committee issued for the purpose of protecting underground storage and shall be without prejudice to the rights of the owners of said lands or other rights or interests therein as to all other uses thereof. The additional cost of complying with regulations or orders to protect the underground storage shall be paid by the condemnor.
[ 1963 c 201 s 6.]

Notes:

*Reviser's note: The duties of the oil and gas conservation committee were transferred to the department of natural resources by 1994 sp.s. c 9, effective July 1, 1994.
Notes of Decisions
Cited in 4 cases, 1953–1985 · leading case: City of Tacoma v. Taxpayers of Tacoma, 357 U.S. 320 (1958).
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City of Tacoma v. Taxpayers of Tacoma, 357 U.S. 320 (1958). · cites it 4× “" Wash. Rev. Code 80.40.050. Tacoma has exercised such powers since 1893.”
City of Tacoma v. Taxpayers of Tacoma, 262 P.2d 214 (Wash. 1953). · cites it 2× “RCW 80.40.050]) included power to: "Construct, condemn and purchase, purchase, acquire, add to, maintain and operate works, plants and facilities for the purpose of furnishing such city or town and the inhabitants thereof, and any other persons, with gas, electricity and other…”
Anderson v. Beech Aircraft Corp., 699 P.2d 1023 (Kan. 1985). “The Washington ( Wash. Rev. Code Ann. § 80.40.050 [1985 Supp.”
Town of Othello v. Harder, 284 P.2d 1099 (Wash. 1955). “020, or RCW 80.40.050. Once the authority to condemn is established, the procedure is to be found in RCW 8.”
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