Washington Code 35.71.080 – Vacating, replatting right-of-way for mall purposes
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The corporate authority, as an alternate to the preceding methods, may find that the right-of-way no longer is needed as a right-of-way. When persons owning or having any legal or equitable interest in the real property affected by a proposed mall, present a petition to the corporate authority for vacating the right-of-way pursuant to chapter 35.79 RCW, or the corporate authority initiates by resolution such a vacation proceeding, a right-of-way may be vacated and replatted for mall purposes, and closed to vehicular traffic except as provided in RCW 35.71.030, consistent with the subdivision standards allowed by Title 58 RCW, and chapter 35.63 RCW.
[ 1965 c 7 § 35.71.080. Prior: 1961 c 111 § 8.]
Terms Used In Washington Code 35.71.080
- Corporate authority: means the legislative body of any city. See Washington Code 35.71.010
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Mall: means an area of land, part of which may be surfaced, landscaped, and used entirely for pedestrian movements, except with respect to governmental functions, utilities, and loading and unloading of goods. See Washington Code 35.71.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Right-of-way: means that area of land dedicated for public use or secured by the public for purposes of ingress and egress to abutting property and other public purposes. See Washington Code 35.71.010