(1) For the purpose
of this chapter the highway authorities of the state, counties
and incorporated cities and towns, respectively, or in
cooperation one with the other, may acquire private or public
property and property rights for limited access facilities and
service roads, including rights of access, air, view and light,
by gift, devise, purchase, or condemnation, in the same manner as
such authorities are now or hereafter may be authorized by law to
acquire property or property rights in connection with highways
and streets within their respective jurisdictions. Except as
otherwise provided in subsection (2) of this section all property
rights acquired under the provisions of this chapter shall be in
fee simple. In the acquisition of property or property rights
for any limited access facility or portion thereof, or for any
service road in connection therewith, the state, county,
incorporated city and town authority may, in its discretion,
acquire an entire lot, block or tract of land, if by so doing the
interest of the public will be best served, even though said
entire lot, block or tract is not immediately needed for the
limited access facility.
(2) The highway authorities of the state, counties, and
incorporated cities and towns may acquire by gift, devise,
purchase, or condemnation a three dimensional air space corridor
in fee simple over or below the surface of the ground, together
with such other property in fee simple and other property rights
as are needed for the construction and operation of a limited
access highway facility, but only if the acquiring authority
finds that the proposal will not:
(a) impair traffic safety on the highway or interfere with
the free flow of traffic; or
(b) permit occupancy or use of the air space above or below
the highway which is hazardous to the operation of the highway.
[1971 ex.s. c 39 § 1; 1961 c 13 § 47.52.050. Prior: 1947 c 202 § 4; Rem. Supp. 1947 § 6402-63.]
NOTES:
Award of costs in air space corridor acquisitions: RCW 8.25.073.
Right-of-way donations: Chapter 47.14 RCW.