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58.17.095 | Ordinance may authorize administrative review of preliminary plat without public hearing. | A county, city, or town may adopt an ordinance providing for the administrative review of a preliminary plat without a public hearing by adopting an ordinance providing for such administrative review. The ordinance may specify a threshold number of lots in a subdivision above which a public hearing must be held, and ma... |
58.17.100 | Review of preliminary plats by planning commission or agency—Recommendation—Change by legislative body—Procedure—Approval. | If a city, town or county has established a planning commission or planning agency in accordance with state law or local charter, such commission or agency shall review all preliminary plats and make recommendations thereon to the city, town or county legislative body to assure conformance of the proposed subdivision t... |
58.17.110 | Approval or disapproval of subdivision and dedication—Factors to be considered—Conditions for approval—Finding—Release from damages. | (1) The city, town, or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces,... |
58.17.120 | Disapproval due to flood, inundation or swamp conditions—Improvements—Approval conditions. | The city, town, or county legislative body shall consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be n... |
58.17.130 | Bond in lieu of actual construction of improvements prior to approval of final plat—Bond or security to assure successful operation of improvements. | Local regulations shall provide that in lieu of the completion of the actual construction of any required improvements prior to the approval of a final plat, the city, town, or county legislative body may accept a bond, in an amount and with surety and conditions satisfactory to it, or other secure method, providing fo... |
58.17.140 | Time limitation for approval or disapproval of plats—Extensions. | (1) Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from date of filing thereof unless the applicant consents to an extension of such time period or the ninety day limitation is extended to includ... |
58.17.145 | Residential lot splitting—Administrative approval process—Requirements—Department guidance—Definitions. | (1) Cities shall include in their development regulations a process through which an applicant can seek review and approval of an administrative lot split, which may be combined with concurrent review of a residential building permit to create new middle housing, as defined in RCW 36.70A.030 , or single-family housing.... |
58.17.150 | Recommendations of certain agencies to accompany plats submitted for final approval. | Each preliminary plat submitted for final approval of the legislative body shall be accompanied by the following agencies' recommendations for approval or disapproval: (1) Local health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal a... |
58.17.155 | Short subdivision adjacent to state highway—Notice to department of transportation. | Whenever a city, town, or county receives an application for the approval of a short plat of a short subdivision that is located adjacent to the right-of-way of a state highway, the responsible administrator shall give written notice of the application, including a legal description of the short subdivision and a locat... |
58.17.160 | Requirements for each plat or replat filed for record. | Each and every plat, or replat, of any property filed for record shall: (1) Contain a statement of approval from the city, town or county licensed road engineer or by a licensed engineer acting on behalf of the city, town or county as to the layout of streets, alleys and other rights-of-way, design of bridges, sewage a... |
58.17.165 | Certificate giving description and statement of owners must accompany final plat—Dedication, certificate requirements if plat contains—Waiver. | Every final plat or short plat of a subdivision or short subdivision filed for record must contain a certificate giving a full and correct description of the lands divided as they appear on the plat or short plat, including a statement that the subdivision or short subdivision has been made with the free consent and in... |
58.17.170 | Written approval of subdivision—Original of final plat to be filed—Copies—Periods of validity, governance. | (1) When the legislative body of the city, town, or county, or such other agency as authorized by RCW 58.17.100 , finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and that said subdivision meets the requirements of this chapter, other applicable state l... |
58.17.180 | Review of decision. | Any decision approving or disapproving any plat shall be reviewable under chapter 36.70C RCW.
[ 1995 c 347 s 717 ; 1983 c 121 s 5 ; 1969 ex.s. c 271 s 18 .]
Finding — Severability — Part headings and table of contents not law — 1995 c 347: See notes following RCW 36.70A.470 . |
58.17.190 | Approval of plat required before filing—Procedure when unapproved plat filed. | The county auditor shall refuse to accept any plat for filing until approval of the plat has been given by the appropriate legislative body, or such other agency as authorized by RCW 58.17.100 . Should a plat or dedication be filed without such approval, the prosecuting attorney of the county in which the plat is filed... |
58.17.195 | Approval of plat or short plat—Written finding of conformity with applicable land use controls. | No plat or short plat may be approved unless the city, town, or county makes a formal written finding of fact that the proposed subdivision or proposed short subdivision is in conformity with any applicable zoning ordinance or other land use controls which may exist.
[ 1981 c 293 s 14 .]
Severability — 1981 c 293: See ... |
58.17.200 | Injunctive action to restrain subdivision, sale, transfer of land where final plat not filed. | Whenever any parcel of land is divided into five or more lots, tracts, or parcels of land and any person, firm or corporation or any agent of any of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat of such subdivision filed for record, the... |
58.17.205 | Agreements to transfer land conditioned on final plat approval—Authorized. | If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel under this chapter, the offer or agreement is not subject to RCW 58.17.200 or... |
58.17.210 | Building, septic tank or other development permits not to be issued for land divided in violation of chapter or regulations—Exceptions—Damages—Rescission by purchaser. | No building permit, septic tank permit, or other development permit, shall be issued for any lot, tract, or parcel of land divided in violation of this chapter or local regulations adopted pursuant thereto unless the authority authorized to issue such permit finds that the public interest will not be adversely affected... |
58.17.212 | Vacation of subdivision—Procedure. | Whenever any person is interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation with the legislative authority of the city, town, or county in which the subdivision is located. The application shall set forth... |
58.17.215 | Alteration of subdivision—Procedure. | When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided in RCW 58.17.040 (6), that person shall submit an application to request the alteration to the legislative authority of the city, town, or county where the subdivision is located. The applicatio... |
58.17.217 | Alteration or vacation of subdivision—Conduct of hearing. | Any hearing required by RCW 58.17.212 , 58.17.215 , or 58.17.060 may be administered by a hearings examiner as provided in RCW 58.17.330 .
[ 1987 c 354 s 7 .] |
58.17.218 | Alteration of subdivision—Easements by dedication. | The alteration of a subdivision is subject to RCW 64.04.175 .
[ 1991 c 132 s 2 .] |
58.17.220 | Violation of court order or injunction—Penalty. | Any person who violates any court order or injunction issued pursuant to this chapter shall be subject to a fine of not more than five thousand dollars or imprisonment for not more than ninety days or both.
[ 1969 ex.s. c 271 s 22 .] |
58.17.225 | Easement over public open space—May be exempt from RCW58.17.215—Hearing—Notice. | The granting of an easement for ingress and egress or utilities over public property that is held as open space pursuant to a subdivision or plat, where the open space is already used as a utility right-of-way or corridor, where other access is not feasible, and where the granting of the easement will not impair public... |
58.17.230 | Assurance of discontinuance of violations. | In the enforcement of this chapter, the prosecuting attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person engaging in, or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval ... |
58.17.240 | Permanent control monuments. | Except for subdivisions excluded under the provisions of RCW 58.17.040 , as now or hereafter amended, permanent control monuments shall be established at each and every controlling corner on the boundaries of the parcel of land being subdivided. The local authority shall determine the number and location of permanent c... |
58.17.250 | Survey of subdivision and preparation of plat. | The survey of the proposed subdivision and preparation of the plat shall be made by or under the supervision of a registered land surveyor who shall certify on the plat that it is a true and correct representation of the lands actually surveyed.
[ 1969 ex.s. c 271 s 26 .] |
58.17.255 | Survey discrepancy—Disclosure. | Whenever a survey of a proposed subdivision or short subdivision reveals a discrepancy, the discrepancy shall be noted on the face of the final plat or short plat. Any discrepancy shall be disclosed in a title report prepared by a title insurer and issued after the filing of the final plat or short plat. As used in thi... |
58.17.260 | Joint committee—Members—Recommendations for surveys, monumentation and plat drawings. | In order that there be a degree of uniformity of survey monumentation throughout the cities, towns and counties of the state of Washington, there is hereby created a joint committee composed of six members to be appointed as follows: The Washington state association of counties shall appoint two county road engineers; ... |
58.17.275 | Proposals to adopt, amend, or repeal local ordinances—Advance notice. | All cities, towns, and counties shall establish procedures to provide reasonable advance notice of proposals to adopt, amend, or repeal local ordinances adopted in accordance with this chapter. These procedures shall include but not be limited to advance notice to individuals or organizations which have submitted reque... |
58.17.280 | Naming and numbering of short subdivisions, subdivisions, streets, lots and blocks. | Any city, town or county shall, by ordinance, regulate the procedure whereby short subdivisions, subdivisions, streets, lots and blocks are named and numbered. A lot numbering system and a house address system, however, shall be provided by the municipality for short subdivisions and subdivisions and must be clearly sh... |
58.17.290 | Copy of plat as evidence. | A copy of any plat recorded in the manner provided in this chapter and certified by the county auditor of the county in which the same is recorded to be a true copy of such record and the whole thereof, shall be received in evidence in all the courts of this state, with like effect as the original.
[ 1969 ex.s. c 271 s... |
58.17.300 | Violations—Penalties. | Any person, firm, corporation, or association or any agent of any person, firm, corporation, or association who violates any provision of this chapter or any local regulations adopted pursuant thereto relating to the sale, offer for sale, lease, or transfer of any lot, tract or parcel of land, shall be guilty of a gros... |
58.17.310 | Application for approval of plat within irrigation district—Approval without provision for irrigation prohibited. | (1) Whenever a city, town, or county receives an application for the approval of a plat of a subdivision that lies in whole or in part in an irrigation district organized pursuant to chapter 87.03 RCW, the responsible administrator shall give written notice of the application, including a legal description of the short... |
58.17.320 | Compliance with chapter and local regulations—Enforcement. | Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of this chapter, any provision of the local subdivision regulations, or any term or condition of plat approval prescribed for the plat by the local government, then the prosecuting attorney, or th... |
58.17.330 | Hearing examiner system—Adoption authorized—Procedures—Decisions. | (1) As an alternative to those provisions of this chapter requiring a planning commission to hear and issue recommendations for plat approval, the county or city legislative body may adopt a hearing examiner system and shall specify by ordinance the legal effect of the decisions made by the examiner. The legal effect o... |
58.17.900 | Validation of existing ordinances and resolutions. | All ordinances and resolutions enacted at a time prior to the passage of this chapter by the legislative bodies of cities, towns, and counties and which are in substantial compliance with the provisions of this chapter, shall be construed as valid and may be further amended to include new provisions and standards as ar... |
58.17.920 | Effective date and application of 1974 ex.s. c 134. | (1) The provisions of *this 1974 amendatory act shall become effective July 1, 1974. (2) The provisions of *this 1974 amendatory act shall not apply to any plat which has been granted preliminary approval prior to July 1, 1974, but shall apply to any proposed plat granted preliminary approval on or after July 1, 1974.
... |
58.18.010 | Assessor's plat—Requisites, filing, index, etc.—When official plat. | In any county where an assessor has and maintains an adequate set of maps drawn from surveys at a scale of not less than two hundred feet to the inch, the assessor may with the permission of the county commissioners, file an assessor's plat of the area, which when filed shall become the official plat for all legal purp... |
58.19.010 | Purpose.(Effective until January 1, 2028.) | The legislature finds and declares that the sale and offering for sale of land or of interests in associations which provide for the use or occupancy of land touches and affects a great number of the citizens of this state and that full and complete disclosure to prospective purchasers of pertinent information concerni... |
58.19.020 | Definitions.(Effective until January 1, 2028.) | When used in this chapter, unless the context otherwise requires: (1) "Affiliate of a developer" means any person who controls, is controlled by, or is under common control with a developer. (a) A person controls a developer if the person: (i) Is a general partner, officer, director, or employer of the developer; (ii) ... |
58.19.030 | Exemptions from chapter.(Effective until January 1, 2028.) | (1) Unless the method of disposition is adopted for the purpose of evasion of this chapter, the provisions of this chapter shall not apply to land and offers or dispositions: (a) By a purchaser of developed lands for his or her own account in a single or isolated transaction; (b) If fewer than ten separate lots, parcel... |
58.19.045 | Public offering statement—Developer's duties—Purchaser's rights.(Effective until January 1, 2028.) | (1) A developer shall prepare a public offering statement conforming to the requirements of RCW 58.19.055 unless the development or the transaction is exempt under RCW 58.19.030 . (2) Any agent, attorney, or other person assisting the developer in preparing the public offering statement may rely upon information provid... |
58.19.055 | Public offering statement—Contents.(Effective until January 1, 2028.) | (1) A public offering statement shall contain the following information: (a) The name, and the address or approximate location, of the development; (b) The name and address of the developer; (c) The name and address of the management company, if any, for the development; (d) The relationship of the management company t... |
58.19.120 | Report of changes required—Amendments.(Effective until January 1, 2028.) | The developer shall immediately amend the public offering statement to include any material changes affecting the development. No change in the substance of the promotional plan or plan of disposition or completion of the development may be made without first making an appropriate amendment of the public offering state... |
58.19.130 | Public offering statement form—Type and style restriction.(Effective until January 1, 2028.) | No portion of the public offering statement form may be underscored, italicized, or printed in larger or heavier or different color type than the remainder of the statement unless the director so requires.
[ 1973 1st ex.s. c 12 s 13 .] |
58.19.140 | Public offering statement—Promotional use, distribution restriction—Holding out that state or employees, etc., approve development prohibited.(Effective until January 1, 2028.) | The public offering statement shall not be used for any promotional purposes. It may not be distributed to prospective purchasers before registration of the development and may be distributed afterwards only when it is used in its entirety. No person may advertise or represent that the state of Washington or the direct... |
58.19.180 | Unlawful to sell lots or parcels subject to blanket encumbrance which does not provide purchaser can obtain clear title—Alternatives.(Effective until January 1, 2028.) | It shall be unlawful for the developer to make a sale of lots or parcels within a development which is subject to a blanket encumbrance which does not contain, within its terms or by supplementary agreement, a provision which shall unconditionally provide that the purchaser of a lot or parcel encumbered thereby can obt... |
58.19.185 | Requiring purchaser to pay additional sum to construct, complete or maintain development.(Effective until January 1, 2028.) | It shall be unlawful for the developer to sell a lot or parcel within a development if the terms of the sale require that the purchaser pay any sum in addition to the purchase price for constructing, completing, or maintaining improvements to the development unless the sums are to be paid directly to: (1) A governmenta... |
58.19.190 | Advertising—Materially false, misleading, or deceptive statements prohibited.(Effective until January 1, 2028.) | No person shall publish in this state any advertisement concerning a development subject to the requirements of this chapter which contains any statements that are materially false, misleading, or deceptive.
[ 1992 c 191 s 8 ; 1973 1st ex.s. c 12 s 19 .] |
58.19.265 | Violations—Remedies—Attorneys' fees.(Effective until January 1, 2028.) | If a developer, or any other person subject to this chapter, fails to comply with any provision of this chapter, any person or class of persons adversely affected by the failure to comply may seek appropriate relief through an action for damages or an injunctive court order. The court, in an appropriate case, may award... |
58.19.270 | Violations deemed unfair practice subject to chapter19.86RCW.(Effective until January 1, 2028.) | (1) The commission by any person of an act or practice prohibited by this chapter is hereby declared to be a matter affecting the public interest for the purpose of applying chapter 19.86 RCW and is not reasonable in relation to the development and preservation of business. A violation of this chapter constitutes an un... |
58.19.280 | Jurisdiction of superior courts.(Effective until January 1, 2028.) | Dispositions of an interest in a development are subject to this chapter, and the superior courts of this state have jurisdiction in claims or causes of action arising under this chapter, if: (1) The interest in a development offered for disposition is located in this state; (2) The developer maintains an office in thi... |
58.19.300 | Hazardous conditions—Notice.(Effective until January 1, 2028.) | If, before disposition of all or any portion of a development which is covered by this chapter, a condition constituting a physical hazard is discovered on or around the immediate vicinity of the development, the developer or government agency discovering such condition shall notify the purchasers of the affected lands... |
58.19.920 | Liberal construction.(Effective until January 1, 2028.) | The provisions of this chapter shall be construed liberally so as to give effect to the purposes stated in RCW 58.19.010 .
[ 1973 1st ex.s. c 12 s 33 .] |
58.19.940 | Short title.(Effective until January 1, 2028.) | This chapter may be cited as the land development act.
[ 1992 c 191 s 12 ; 1973 1st ex.s. c 12 s 35 .] |
58.20.111 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Metadata" means data that describes other data. For the purposes of this chapter, metadata means geodetic reference system utilized, applicable epoch, statement of relative accuracy, and date of observation... |
58.20.121 | Washington plane coordinate system. | The most recent version of the state plane coordinate system for the state of Washington, which has been established by NGS, based on the NSRS, for defining and stating the positions or locations of points on the surface of the earth within the state of Washington must be known as the "Washington plane coordinate syste... |
58.20.140 | Designation of system—Zones. | The Washington plane coordinate system shall be named, and in any land description in which it is used it shall be designated, the "Washington plane coordinate system," and the zone used must be specified.
[ 2020 c 50 s 3 ; 1989 c 54 s 12 .] |
58.20.145 | Plane coordinates. | (1) The plane coordinates of a point on the earth's surface, to be used in expressing the position or location of the point in the appropriate zone of the WPCS, consist of two distances, expressed in feet and decimals of a foot or meters and decimals of a meter, along with the metadata of the observations used to deter... |
58.20.160 | Tracts in more than one zone. | When any tract of land to be defined by a single description extends from one coordinate zone into other zones, the positions of all points on its boundaries must be referred to only one of the zones, the zone which is used being specifically named in the description along with the metadata of the observations.
[ 2020 ... |
58.20.165 | Geodetic datums. | The official geodetic datums to which geodetic coordinates including, but not limited to, latitude, longitude, ellipsoid height, orthometric height, or dynamic height are referenced within the state of Washington must be as defined for the NSRS.
[ 2020 c 50 s 6 .] |
58.20.180 | Recording coordinates. | Coordinates based on the Washington plane coordinate system, purporting to define the position of a point on a land boundary, may be presented to be recorded in any public land records or deed records. The method and source for establishing coordinates shall be described in the land or deed record. In all instances whe... |
58.20.185 | Standard value—One foot. | When the values are expressed in feet, one foot equals 0.3048 meters, must be used as the standard foot for WPCS.
[ 2020 c 50 s 8 .] |
58.20.200 | Term—Limited use. | The use of the term "Washington plane coordinate system" on any map, report of survey, or other document, shall be limited to coordinates based on the Washington plane coordinate system as defined in this chapter.
[ 2020 c 50 s 9 ; 1989 c 54 s 18 .] |
58.20.205 | Datum conflicts. | The provisions of this chapter may not be construed to prohibit the appropriate use of other datums, other geodetic reference networks or systems, or other plane coordinate systems. Any other such datums, networks, or systems used must comply fully with the information requirements for the Washington plane coordinate s... |
58.20.210 | United States survey prevails—Conflict. | Whenever coordinates based on the Washington plane coordinate system are used to describe any tract of land which in the same document is also described by reference to any subdivision, line or corner of the United States public land surveys, the description by coordinates shall be construed as supplemental to the basi... |
58.20.220 | Real estate transactions—Exemption. | Nothing contained in this chapter shall require any purchaser or mortgagee to rely on a description, any part of which depends exclusively upon the Washington plane coordinate system.
[ 2020 c 50 s 11 ; 1989 c 54 s 20 .] |
58.20.901 | Severability—1989 c 54. | If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[ 1989 c 54 s 21 .] |
58.22.010 | Legislative intent. | It is the intent of the legislature to establish a coordinated system of state base maps to assist all levels of government to more effectively provide the information to meet their responsibilities for resource planning and management. It is further the legislature's intent to eliminate duplication, to insure compatib... |
58.22.020 | Establishment and maintenance—Standards. | The department of natural resources shall establish and maintain a state base mapping system. The standards for the state base mapping system shall be: (1) A series of fifteen minute United States geological survey quadrangle map separates at a scale of one to 48,000 (one inch equals 4,000 feet) covering the entire sta... |
58.22.030 | United States geological survey quadrangle map separates—Acquisition by state agencies. | Any state agency purchasing or acquiring United States geological survey quadrangle map separates shall do so through the department of natural resources.
[ 1973 1st ex.s. c 159 s 3 .] |
58.22.040 | United States geological survey quadrangle map separates—State depository. | The department of natural resources shall be the primary depository of all United States geological survey quadrangle map separates for state agencies: PROVIDED, That any state agency may maintain duplicate copies.
[ 1973 1st ex.s. c 159 s 4 .] |
58.22.050 | Availability of map separates—Powers and duties of department. | (1) All United States geological survey quadrangle map separates shall be available at cost to all state agencies, local agencies, the federal government, and any private individual or company through duplication and purchase. The department shall coordinate all requests for the use of United States geological survey q... |
58.24.010 | Declaration of necessity. | It is the responsibility of the state to provide a means for the identification and preservation of survey points for the description of common land boundaries in the interest of the people of the state. There is a necessity for the adoption and maintenance of a system of permanent reference as to boundary monuments. T... |
58.24.020 | Official agency designated—Advisory board. | The department of natural resources is designated as the official agency for surveys and maps. The commissioner of public lands shall appoint an advisory board of five members, the majority of whom shall be registered professional engineers or land surveyors, who shall serve at the pleasure of the commissioner. Members... |
58.24.030 | Official agency designated—Powers—Cooperate and advise—Purposes. | The commissioner of public lands, the department of natural resources, and the advisory board are authorized to cooperate and advise with various departments and subdivisions of the state, counties, municipalities, and registered engineers or land surveyors of the state for the following purposes: (1) The recovery of s... |
58.24.040 | Official agency designated—Powers—Standards, maps, records, report, temporary removal of boundary marks or monuments. | The agency designated by RCW 58.24.020 is further authorized to: (1) Set up standards of accuracy and methods of procedure; (2) Compile and publish maps and records from surveys performed under the provisions of this chapter, and to maintain suitable indexes of surveys to prevent duplication of effort and to cooperate ... |
58.24.050 | Employees—Licensed engineers or surveyors. | All employees who are in responsible charge of work under the provisions of this chapter shall be licensed professional engineers or land surveyors.
[ 1982 c 165 s 5 ; 1951 c 224 s 5 .]
Severability — 1951 c 224: See note following RCW 58.24.010 . |
58.24.060 | Surveys and maps account—Purposes. | There is created in the state treasury the surveys and maps account which shall be a separate account consisting of funds received or collected under chapters 43.92 , 58.22, and 58.24 RCW, moneys appropriated to it by law. This account shall be used exclusively by the department of natural resources for carrying out th... |
58.24.070 | Fees for filing and recording surveys, plats, or maps—Deposit and use of fees. | A fee set by the board of natural resources shall be charged by each county auditor, in addition to any other fees required by law, as a condition precedent to the filing and recording of any surveys, subdivision plats, short plats, and condominium surveys, plats, or maps. Such funds shall be forwarded monthly to the s... |
58.28.010 | Councils' duties when townsites on United States land. | It is the duty of the city or town council of any city or town in this state situate upon public lands of the United States or lands, the legal and equitable title to which is in the United States of America, to enter at the proper land office of the United States such quantity of land as the inhabitants of any incorpo... |
58.28.020 | Councils' duties when townsites on United States land—Survey and plat. | Said council must cause a survey to be made by some competent person, of the lands which the inhabitants of said city or town may be entitled to claim under the said act of congress, located according to the legal subdivisions of the sections and by the section lines of the United States, and the same must be distinctl... |
58.28.030 | Councils' duties when townsites on United States land—Plats—Filing. | A plat thereof must be made in triplicate, on a scale of not less than eighty feet to one inch, which must be duly certified under oath by the surveyor, one of which must be filed with the county auditor of the county wherein the city or town is situated, one must be deposited in the proper United States land office, a... |
58.28.040 | Councils' duties when townsites on United States land—Survey, notice of—Bids for—Franchises continued. | Before proceeding to make such survey, at least ten days' notice thereof must be given, by posting within the limits of such city or townsite, not less than five written or printed notices of the time when such survey shall commence, or by publication thereof in a newspaper published in the city or town, if one there b... |
58.28.050 | Contents of plat. | Such plat must show as follows: (1) All streets, alleys, avenues, roads and highways, and the width thereof. (2) All parks, squares and all other grounds reserved for public uses, with the boundaries and dimensions thereof. (3) All lots and blocks, with their boundaries, designating such lots and blocks by numbers, and... |
58.28.060 | Monuments—Location, placement requisites. | Such surveyor must mark all corners of blocks or lots shown on the plat by substantial stakes or monuments, and must set stone or iron monuments at the points of intersection of the center lines of all the streets, where practicable, or as near as possible to such points, and their location must be shown by marking on ... |
58.28.070 | Monuments—Markings—Surveyor's certificate on plat. | If a stone is used as a monument, it must have a cross cut in the top at the point of intersection of the center lines of streets, or a hole may be drilled in the stone to mark such point. If an iron monument is used it must be at least two inches in diameter by two and one-half feet in length, and may be either solid ... |
58.28.080 | Plats filed—Auditor's fee. | All such plats must be made on mounted drawing paper, and filed and recorded in the office of the county auditor, and he or she must keep the original plat for public inspection. The fee of such county auditor for filing and recording each of such plats and the field notes accompanying the same shall be the sum of ten ... |
58.28.090 | Assessments. | Each lot or parcel of said lands having thereon valuable improvements or buildings ordinarily used as dwellings or for business purposes, not exceeding one-tenth of one acre in area, shall be rated and assessed by the said corporate authorities at the sum of one dollar; each lot or parcel of such lands exceeding one-te... |
58.28.100 | Notice of possession filed—Assessment and fee—Certificate—Council record. | Every person, company, corporation or association claimant of any city or town lot or parcel of land within the limits of such city or townsite, must present to the council, by filing the same with the clerk thereof, within three months after the patent (or certified copy thereof) from the United States has been filed ... |
58.28.110 | Deficiency assessment—When payable. | If it is found that the amounts hereinbefore specified as assessments and fees for costs and expenses prove to be insufficient to cover and defray all the necessary expenses, the council must estimate the deficiency and assess such deficiency pro rata upon all the lots and parcels of land in such city or town, and decl... |
58.28.120 | Deed to claimants—Actions contesting title, limitations on. | At the expiration of six months after the time of filing of such patent, or a certified copy thereof in the office of the county auditor, if there has been no adverse claim filed in the meantime, the council must execute and deliver to such claimant, his or her, its or their heirs, executors, administrators, grantees, ... |
58.28.130 | Entries on mineral lands—Rights of claimants. | Townsite entries may be made by incorporated towns or cities on the mineral lands of the United States, but no title shall be acquired by such towns or cities to any vein of gold, silver, cinnabar, copper or lead, or to any valid mining claim or possession held under existing law. When mineral veins are possessed withi... |
58.28.140 | Conflicting claims—Procedure. | In all cases of adverse claims or disputes arising out of conflicting claims to lands or concerning boundary lines, the adverse claimants may submit the decision thereof to the council of such city or town by an agreement in writing specifying particularly the subject matter in dispute, and may agree that their decisio... |
58.28.150 | Notice of filing patent—Abandonment of claim. | The said council must give public notice by advertising for four weeks in a newspaper published in said city or town, or, if there be no newspaper published in said city or town, then by publication in some newspaper having general circulation in such city or town, and not less than five written or printed notices must... |
58.28.160 | Sale of unoccupied lots—Notice—Minimum price. | All lots in such city or townsite which were unoccupied at the time of the entry of said townsite in the United States land office shall be sold by the corporate authorities of such city or town, or under their direction, at public auction to the highest bidder for cash, each lot to be sold separately, and notice of su... |
58.28.170 | Lands for school and municipal purposes—Funds. | All school lots or parcels of land, reserved or occupied for school purposes, must be conveyed to the school district in which such city or town is situated, without cost or charge of any kind whatever. All lots or parcels of land reserved or occupied for municipal purposes must be conveyed to such city or town without... |
58.28.180 | Effect of informalities—Certificate or deed as prima facie evidence. | No mere informality, failure or omission on the part of any of the persons or officers named in this chapter invalidates the acts of such person or officer; but every certificate or deed granted to any person pursuant to the provisions of this chapter is prima facie evidence that all preliminary proceedings in relation... |
58.28.190 | Corporate authorities to act promptly. | Such corporate authorities shall promptly execute and perform all duties imposed upon them by the provisions of this chapter.
[ 1909 c 231 s 19 ; RRS s 11503. Prior: 1888 c 124 pp 216-220.] |
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