(1) No
owner or occupier of lands, buildings, or improvements may erect
any buildings or make any improvements within the limits of any
such highway, the location, width, and lines of which have been
established and recorded as provided in RCW 47.28.025. If any
such erection and improvements are made, no allowances may be had
therefor by the assessment of damages. No permits for
improvements within the limits may be issued by any authority. The establishment of any highway location as set forth in RCW 47.28.025 is ineffective after one year from the filing thereof
if no action to condemn or acquire the property within the limits
has been commenced within that time.
(2) Unless and until the department causes a plan of a
proposed new highway or limited access facility to be recorded in
the office of the county auditor as authorized in RCW 47.28.025,
nothing contained in RCW 47.28.025 or 47.28.026 may be deemed to
restrict or restrain in any manner the improvement, development,
or other use by owners or occupiers of lands, buildings, or
improvements within the limits of any proposed new or limited
access highway or any proposed relocated or widened highway. Because of the uncertainties of federal aid and the state level
of funding of proposed construction or improvement of state
highways, plans for such improvements approved by the department
shall be deemed tentative until filed with the county auditor as
authorized in RCW 47.28.025 or until the department commences
action to condemn or otherwise acquire the right-of-way for the
highway improvements.
[1984 c 7 § 166; 1977 ex.s. c 225 § 2; 1961 c 13 § 47.28.026. Prior: 1955 c 161 § 2.]
NOTES:
Severability -- 1984 c 7: See note following RCW 47.01.141.