STATE PARKS WITHIN THE CITY LIMITS

STATE PARKS WITHIN THE CITY LIMITS

Legislature may authorize state parks within the limits of cities and towns and has done so by section 1, chapter 237, Laws of 1945.

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                                                                 October 3, 1950

Honorable Howard Bargreen
Representative, Thirty-Eighth District
2821 Rucker Avenue
Everett, Washington                                                                                                              Cite as:  AGO 49-51 No. 355

Dear Sir:

            You have requested our opinion as to the authority of the State Parks and Recreation Commission to establish a state park on lands within the limits of the City of Mukilteo in view of section 1, chapter 237, Laws of 1945, and section 3, chapter 52, Laws of 1949.

                                                                     ANALYSIS

            The legislature has not been granted authority to establish parks within the limits of towns and cities (see our letter of July 21, 1950, to the Honorable Arthur R. Paulsen [[Opinion No. 49-51-307]], a copy of which is enclosed) and is prohibited from acquiring property for park purposes without specific action of the legislature, unless such property is acquired by donation or bequest or abuts on a public highway.  Rem. Rev. Stat. 10942.

            The legislature may, of course, authorize the establishment of a state park within the limits of a city or town (39 Am. Jur. 812, Parks, § 15) and we are of the opinion that it has done so by section 1, chapter 237, Laws of 1945, notwithstanding the fact that Mukilteo was not incorporated at the date of the passage of that act.

            While the appropriation contained in section 2, chapter 237, Laws of 1945, has lapsed, the appropriation of $65,000 for Mukilteo State Park contained in section 3, chapter 52, Laws of 1949, is available within the limits expressly provided for expenditures from the Parks and Parkways Fund in chapter 242, Laws of 1949, at page 953.

             [[Orig. Op. Page 2]]

            You are, therefore, advised that in view of the express authority contained in the cited acts, the State Parks and Recreation Commission has authority to acquire from the Town of Mukilteo a suitable site within the limits of the town, and the town authorities have the power to grant to the State Parks and Recreation Commission the site selected.

Very truly yours,

SMITH TROY
Attorney General

E. P. DONNELLY
Assistant Attorney General