AGO Opinion Topics: PARKS

Fourth class municipalities may acquire lands for park purposes without electoral authorization.

(1) A county has no right of eminent domain to acquire rights-of-way for public highways within city limits.  (2) A fourth class town may dedicate a street through park property provided that the use of the land for street purposes will not be inconsistent with the use of the remaining land for park purposes.

A town of the fourth class may not annex unplatted property of more than twenty acres without the consent of the owner; and this applies to state‑owned land, as well as to land privately owned.

(1) A city or town may acquire and operate a public park located within the corporate limits of another city. (2) Two or more municipalities coming within the provisions of RCW 67.20.010 may jointly own or operate a public park located within the boundaries of one of the municipalities concerned. (3) A county may acquire and operate a park within a city. (4) A city or town may operate a park within the boundaries of a park and recreation district. (5) State parks and recreation commission may obtain land for park purposes located within a city or town without any special legislative authority.

Chapter 67.20 RCW, which empowers separately organized park districts to acquire land for swimming pools, to build, operate and maintain swimming pools, to enact police regulations therefor and to contract with other governmental units for conducting a recreation program, does not increase the power of a metropolitan park district organized pursuant to chapter 35.61 RCW so as to permit such a district to create local improvement district for the construction of a swimming pool. Chapter 67.20 RCW does not empower a first class city, either independently or jointly with a county and school district, to form a local improvement district for financing the construction of a swimming pool, where part of the area to be benefited by the improvement and thereby assessed therefor, lies outside the city limits and within the area of the county and/or the school district.