RCW ch. 36.05 — Revised Code of Washington Chapter 36.05 RCW — Actions To Establish Boundaries

RCW 36.05.010 Suit in equity authorized—Grounds. Whenever the boundary line between two or more adjoining counties in this state are in dispute, or have been lost by time, accident or any other cause, or have become obscure or uncertain, one or more of the counties, in its corporate name, may bring and maintain suit against such other adjoining county or counties, in equity, in the superior court, to establish the location of the boundary line or lines. [ 1963 c 4 s 36.05.010. Prior: 1897 c 76 s 1; RRS s 3964.] RCW 36.05.020 Noninterested judge to sit. A suit to establish county boundary lines shall be tried before a judge of the superior court who is not a resident of a county which is a party to such suit, or of a judicial district embracing any such county. [ 1963 c 4 s 36.05.020. Prior: 1897 c 76 s 2; RRS s 3965.] RCW 36.05.030 Residents of area may intervene. A majority of the voters living in the territory embracing such disputed, lost, obscure, or uncertain boundary line may, by petition, duly verified by one or more of them, intervene in the suit, and thereupon the court shall have jurisdiction and power, in locating and establishing the boundary line or lines, to strike or transfer from one county to another a strip or portion of such territory not exceeding two miles in width. [ 1963 c 4 s 36.05.030. Prior: 1897 c 76 s 3; RRS s 3966.] RCW 36.05.040 Questions of fact to be determined. The boundaries of such territory, the number of voters living therein, and the sufficiency of such petition are questions of fact to be determined by the court. [ 1963 c 4 s 36.05.040. Prior: 1897 c 76 s 5; RRS s 3968.] RCW 36.05.050 Court may establish boundary line. The court shall have power to move or establish such boundary line on any government section line or subdivisional line thereof, of the section in or through which said disputed, lost, obscure or uncertain boundary line may be located, or if such boundary line is in unsurveyed territory, then the court shall have power to move or establish such boundary line so it will conform to extensions of government section lines already surveyed in that vicinity. [ 1963 c 4 s 36.05.050. Prior: 1897 c 76 s 6; RRS s 3969.] RCW 36.05.060 Practice in civil actions to prevail. The practice, procedure, rules of evidence, and appeals to the supreme court or the court of appeals applicable to civil actions, are preserved under this chapter. [ 1971 c 81 s 96; 1963 c 4 s 36.05.060. Prior: 1897 c 76 s 7; RRS s 3970.] RCW 36.05.070 Copies of decree to be filed and recorded. The clerk of the court in whose office a decree is entered under the provisions of this chapter, shall forthwith furnish certified copies thereof to the secretary of state, and to the auditors of the counties, which are parties to said suit. The secretary of state, and the county auditors, shall file and record said copies of the decree in their respective offices. [ 1963 c 4 s 36.05.070. Prior: 1897 c 76 s 8; RRS s 3971.] RCW 36.05.080 "Territory" defined. The term "territory," as used in this chapter, means that portion of counties lying along the boundary line and within one mile on either side thereof. [ 1963 c 4 s 36.05.080. Prior: 1897 c 76 s 4; RRS s 3967.]