Road Laws of the State of Washington

258. Payment of Damages.

Within twenty days after the judgment awarding damages the petitioner or petitioners shall pay into court the amount of the award of damages, together with the costs as aforesaid, and upon such payment judgment of appropriation shall be made establishing the road. (L. '95, p. 183, § 10; Rem.-Bal., § 5866.)

CHAPTER XVII.

BICYCLE AND FOOT PATHS.

259. Bicycle Paths on Roads.

The county commissioners of any county may, upon proper application, or where such need exists, set aside and preserve part of any public highway within their jurisdiction for the exclusive use of bicycles and pedestrians. Such reservation shall not be less than four feet in width. (L. '97, p. 89, § 1; Rem.-Bal., § 5615.)

Paths built by local assessments. See $240.

260. Penalty for Trespass Upon.

Any person or persons wilfully trespassing upon any side path, which shall have been preserved or improved as provided in section 259 above, by driving horses, cattle or wagons thereon, or who shall in any way willfully obstruct or damage such path shall be guilty of a misdemeanor, punishable by a fine of not less than five ($5.00) dollars nor more than fifty ($50.00) dollars for each and every offense. (L. '97, p. 89, § 2; Rem.-Bal., § 5616.)

For penal provisions generally, see chapter XXIII.

261. Fines Disposed of.

All fines collected under the provisions of this chapter shall be distributed as follows: One-half of the amount to the common school fund of such county, and the balance, after costs of prosecution have been deducted, shall be paid over to the county treasurer of the county wherein such offense was committed for the benefit of the general road fund of such county. (L. '97, p. 89, § 3; Rem.-Bal., § 5617.) 262. Repair of Paths.

When a part of any highway has been reserved or set aside by the county commissioners as hereinbefore provided, the improvements of the same shall be done under the direction of the board of county commissioners. (L. '97, p. 90, § 4; Rem.-Bal., § 5618.)

CHAPTER XVIII.

TOLL ROADS.

263.

[The laws relating to toll roads and roads owned by private corporations are not deemed of sufficient importance by reason of the limited use for same to be included herein. Reference is made to Rem.-Bal. Code, §§5703-5716 and 885717-5729.]

CHAPTER XIX.

EASEMENTS ON HIGHWAY.

264. Street and Electric Railways.

The legislative authority of the city or town having control of any public street or road, or where such street or road is not within. the limits of any incorporated city or town, then the board of county commissioners wherein such road or street is situated, may grant authority for the construction, maintenance and operation of electrict railroads or railways, motor railroads or railways and railroads and railways of which the motive power is any power other than steam, together with such poles, wires and other appurtenances upon, over, along and across any such public street or road and in granting such authority the legislative authority of such city or town or the board of county commissioners, as the case may be, may prescribe the terms and conditions on which such railroads or railways and their appurtenances shall be constructed, maintained and operated upon, over, along and across such road or street, and the grade or elevation at which the same shall be maintained and operated: Provided, That hereafter, on application being made to the board of county commissioners for such authority, the board shall fix a time and place for hearing the same, and shall cause the county auditor to give public notice thereof at the expense of the applicant, by posting written or printed notices in three public places in the county seat of the county, and in at least one conspicuous place on the road or street or part thereof, for which application is made, at least thirty days before the day fixed for such hearing, and by publishing a like notice three times in some daily newspaper published in the county, or if no daily newspaper is published in the county, then the newspaper doing the county printing, the last publication to be at least five days before the day fixed for such hearing, which notice shall state the name or names of the applicant or applicants, a description

of the roads or streets or parts thereof for which the application is made, and the time and place fixed for the hearing. Such hearing may be adjourned from time to time by order of the board. If, after such hearing, the board shall deem it to be for the public interest to grant such authority in whole or in part, the board may make and enter the proper order granting the authority applied for or such part thereof as the board deems to be for the public interest, and shall require such railroad or railway and its appurtenances to be placed in such location on or along the road or street as the board finds will cause the least interference with other uses of the road or street. In case any such railroad or railway, is or shall be located in part on private right-of-way, the owner thereof shall have the right to construct and operate the same across any county road or county street which intersects such private right-of-way, if such crossing is so constructed and maintained as to do no unnecessary damage: Provided, That any person or corporation constructing such crossing or operating such railroad or railway on or along such county road or public street shall be liable to the county for all necessary expense incurred in restoring such county road or public street to a suitable condition for travel. (L. 07, p. 192, § 1; Rem.Bal., § 9080.)

For water works and other works or lines, see next section.

265. Franchise for Pipe and Pole Lines, Etc.

The county commissioners of the several counties in the State of Washington are hereby authorized and empowered to grant franchises to persons or corporations to use the county roads and streets. in their several counties outside of the incorporated towns and cities for the construction and maintenance of waterworks, gas pipes, telephone, telegraph and electric light lines: Provided, That hereafter on application being made to the board of county commissioners for any such franchise, the board shall fix a time and place for hearing the same, and shall cause the county auditor to give public notice thereof at the expense of the applicant, by posting written or printed notices in three public places in the county seat of the county and in at least one conspicuous place on the roads or streets or parts thereof for which application is made, at least fifteen (15) days before the day fixed for such hearing, and by publishing a like notice three (3) times in some daily newspaper published in the county, or if no

daily newspaper is published in the county, then the newspaper doing the county printing, the last publication to be at least five (5) days before the day fixed for such hearing, which notice shall state the name or names of the applicant or applicants, a description of the roads or streets or parts thereof for which the application is made, and the time and place fixed for the hearing. Such hearing may be adjourned from time to time by the order of the board. If, after such hearing, the board shall deem it to be for the public interest to grant such franchise in whole or in part, the board may make and enter the proper order granting the franchise applied for or such part thereof as the boad deems to be for the public interest, and may require any such utility and its appurtenances to be placed in such location on or along the roads or streets as the board finds will cause the least interference with other uses of the roads or streets.

Any person or corporation constructing or operating such utility on or along such county road or county street shall be liable to the county for all necessary expense incurred in restoring such county road or county street to a suitable condition for travel. This act shall be construed as an addition to existing laws and shall not limit powers or rights which may be exercised under existing laws: Provided, That no franchise shall be granted for a period of longer than fifty years: Provided further, No exclusive franchise or privilege shall be granted. (L. '05, p. 210, § 1; Rem.-Bal., § 5612.)

"Act" refers to §§265-267.

For railway and power lines, see preceding section.

For water works. See $269.

For telegraph and telephone lines. See, also, $273.

266. Prior Grants Declared Valid.

Any and all grants, rights, privileges, franchises or powers heretofore made or attempted to be made, given or granted by the board of county commissioners of any county in this state, when such board was in regular or special session, and when the action of such board is shown by its records, to any person or corporation, to erect, construct, maintain or operate an electric railway or poles, pole line, wires or any other matter or thing for the furnishing, transmission, delivery, enjoyment or use of electric energy, electric power, electric light, and telephone connection therewith, or any other matter or thing relating to said matters and things or either of them, or to lay or maintain pipes for the distribution of water, or gas, in,

upon, along, through or over public roads and highways, or any public road or highway, outside the limits of incorporated cities and towns, be and they are hereby confirmed and declared to be valid to the extent that such road or highway has been, prior to the passage of this act, actually occupied by the bona fide construction and operation of such utility and no farther. (L. '05, p. 211, § 2; Rem.Bal., § 5613.)

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