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board must then, by order, direct proceedings to procure the rightof-way to be instituted in the Superior Court of the county by the county attorney of the county, in the manner provided by law for the taking of private property for public use, and to that end are hereby authorized to institute and maintain in the name of the county the proceedings provided in chapter 6, title 9, of the Code of Procedure of the State of Washington, volume 2, as arranged and annotated by Wm. Lair Hill; and when under such proceedings the right-of-way is procured, said board shall declare the road finally established, and shall order that the same be opened in the manner provided by law. (L. ’95, § 13, p. 87.)
Before causing condemnation proceedings to be instituted in the Superior Court as hereinbefore provided, it shall be the duty of the county commissioners to tender to each person interested in the land to be appropriated for the public highway as hereinbefore provided, such amount as in the judgment of such county. commissioners such person is justly entitled to, and in case a tender cannot be made by reason of the absence of such non-consenting landowner or person whose property is taken or damaged as hereinbefore provided, a warrant shall be drawn in the name of the county auditor, who shall cash the same and deposit said cash with the clerk of the court of the county wherein the road to be laid out and opened is located. (L. '95, $ 14, p. 87.)
15. Payment of Award.
The warrant hereinbefore provided for shall be drawn upon the general road and bridge fund: Provided, however, That if there is not sufficient money in said fund at any time to pay any warrant so drawn in full, said county commissioners shall provide a special fund for the purpose of paying such warrants, and shall cause such warrant to be drawn on such special fund. (L. ’95, § 15, p. 87.)
16. Funds to Be Set Apart.
Whenever any warrant is drawn upon said general road and bridge fund for the purposes herein specified, it shall be the duty of the clerk of the board of county commissioners to notify the county treasurer of the date and amount of each such warrant, and in case the said warrant is not accepted by the person to whom it is tendered, at the time of tender, the county treasurer shall set apart from the general road and bridge fund, a sum sufficient to pay such warrant with one year's interest thereon at the rate of eight per cent. per annum, and said fund shall be kept intact until the claim for damages of the person in whose favor said warrant is drawn has been settled either by agreement or condemnation proceeding as hereinbefore provided. (L. '95, § 16, p. 87.)
When condemnation proceedings are instituted as hereinbefore provided against any person to whom tender has been made, and such person shall fail in such proceedings to recover judgment for a greater sum than the amount so tendered him, all costs of such condemnation proceedings shall be taxed against such nonconsenting owner. (L. '95, § 17, p. 87.)
18. Width of Roads Roads on State Line.
That all county roads hereafter laid out and established shall not be less than thirty nor more than sixty feet wide, to be determined by the viewers as hereinafter provided, except that when the road is upon the state line the county commissioners may determine the width, not less than fifteen nor more than thirty feet of land to be taken in this state. (L. '90, § 1, p. 593.)
19. Re-Survey of Roads.
When the place of beginning or true course of a county road shall be uncertain by reason of the removal of any monument or marked tree by which such road was originally designated, or from any other cause, the county commissioners of the proper county may appoint three disinterested landholders of the county to review and find the line of the road, and if they deem it necessary, a competent surveyor to survey the same; and the review
and surveyor after taking the oath required, shall view and survey said road, and the same correctly mark throughout as in the case of new roads, and shall make a
return of the survey and a plat of the road to the commissioners, who shall cause the same to be recorded as in other cases; and from thenceforth the road, surveyed as aforesaid, shall be considered a highway. (L. '90, § 18, p. 599.)
20. Changing Road.
If any person through whose land a county road is or may be established shall be desirous of turning the road through any other part of his land, he may, by notice and petition agreeably to the provisions of this act, apply to the commissioners of the county while in session, to permit him to turn the road through any other part of his land, on as good ground, and without increasing the distance to the injury of the public; and upon the receipt of such petition the commissioners shall appoint a surveyor and three disinterested freeholders of the county as viewers of the road, who shall proceed to view and survey the ground over which the same is proposed to be turned, and to ascertain the distance which it will be increased by such proposed alteration, and make a report in writing, stating the several distances so found, together with their cpinion as to the utility of making the alteration. (L. ’90, § 19, p. 599.)
If the freeholders report to the commissioners that the prayer of the petitioner is reasonable, and that the alteration will not place the road on the worse ground or materially increase the distance to the injury of the public, they shall, upon receiving satisfactory evidence that the proposed new road has been opened a legal width, and if in their opinion the same will be just and reasonable, declare such new road a public highway and make a record thereof, and, at the same time, vacate so much of the old road as is rendered necessary by the new; and the person desiring the alteration shall pay all the costs of the view, survey and return, unless the commissioners are satisfied that the alteration is of sufficient advantage to the public to cause the same to be paid by the county. [L. '90, § 20, p. 599.]
22. Establishing Road on a County Line.
When it becomes necessary to establish a road on a county line, the inhabitants along such line may petition the commissioners of their respective counties for a view of such road in the manner provided in this act, and the commissioners of each of the counties interested shall appoint two discreet landholders as viewers, who, or a majority of them, shall meet at the time and place named in the order of the commissioners of the oldest county interested, who shall appoint a surveyor, and the viewers and surveyor shall also be a jury for the assessment of damages, and shall in all respects be governed by the preceding sections of this act, and shall make their report in writing for or against such road to the commissioners of the counties concerned, and the commissioners, upon receiving such report, shall in all respects be governed by this act. [L. '90, $ 21, p. 600.]
23. Counties May Join.
If, on receiving such report, there is no legal objection thereto, and the commissioners of all the counties interested are of opinion that such road, if opened, would be of public utility, they shall order the same to be opened in the manner pointed out by this act. [L. ’90, $ 22, p. 600.]
24. Width of Road on State Line.
The commissioners of any county through which a county road has been established upon a line of the state may, upon petition and notice as herein before provided, determine the width, not less than fifteen nor more than thirty feet, of the land within the county to be used for the road. [L. ’90, 23, p. 600.]
25. Opening and Keeping in Repair.
When a road is located and ordered to be opened on any county or state line, as provided in this act, the viewers appointed to locate, establish and report damages shall assign a sufficient number of persons to open such road and keep the same in repair, dividing the work under the orders of the overseer of the road district to which they belong; and the supervisors and persons so assigned shall be governed by the provisions herein contained. [L. ’90, 24, p. 601.]
26. Highways Across Streams.
All highways, crossing, or ending on any river, creek or stream shall be open the same width down to and across said river, creek, or stream as it is before it reaches said stream. [L. '86, § 1, p. 103.]
27. Passage-way Under Road.
The passage-ways for stock under any road shall be covered with suitable plank, not less than sixteen feet in length, and it shall be lawful for the fences of either side to converge to the bridge over said passage-way. The said passage-way shall be kept securely covered by the person who owns the adjoining lands, and shall be kept in repair by said owner. The approaches to the bridges over said passage-ways shall also be kept in good repair by said owner.
[L. '86, § 2, p. 103.]
28. Vacation of Road-Petition-Bond.
When a county road or part thereof, is considered useless, and ten freeholders residing in the vicinity of said road may petition the board of county commissioners to vacate the same, such petition shall show the land owned by each petitioner, and shall also set forth that such road will be useless as a part of a general road system, that the public will be benefited by its vacation. Such petition shall be accompanied by a bond in the penal sum of one hundred dollars, payable to the county, executed by one or more of such petitioners as principal or principals with two or gureties, and conditioned that the petitioners will pay into the county treasury the amount of all costs and expenses incurred in the examination, report, and all other proceedings pertaining to such petition or vacation. [L. ’01, § 2, p. 190.]
29. Surveyor's Report.
The county commissioners when in session shall consider such petition and bond and if not rejected shall file the same with the