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decide if a way has (1) been used by the public as a road (2) for at least 10 years. This <br />would involve the county bringing a quiet title (or possibly declaratory judgment) action <br />seeking the court to make such a determination. RCW 16.75.080 is only applicable to <br />property the county does not currently own, and so has no relevance at all to this matter, I <br />If the county already owns the property, it can, by resolution, declare it a county road that <br />is not adopted onto the county road system. In addition to the county's inability to <br />determine public use of a road for 10 years, a county also cannot determine the true <br />location, course, or width of a road. See RCW 36.75.120. That too requires filing either <br />a quiet title or declaratory judgment action and petitioning the Superior Court to make <br />such determination. But, if the county is not seeking to condemn right of way or have its <br />size and location declared, in other words, if the county already owns a defined parcel <br />(the acquisition and surveying pieces are already done), then the county is free to declare <br />that which it already owns to be a county road. RCW 36.75.050 provides that the board <br />"by resolution, and not otherwise," shall order the establishment of county roads. RCW <br />36.75.040 provides that the board has the power to acquire land, as provided by law <br />(which would include acquiring tax title property) and perform necessary acts for the <br />administration of a county road system. Bence, given that the county already owns the <br />subject property (which is also already surveyed), it can merely, by resolution, declare it <br />a public road that is not adopted onto the county road system. <br />Legal Issue #3 <br />How do we do this? <br />Answer <br />Create an agenda item to consider a resolution directing MVV to buy the tax title property <br />to be a county road that is not adopted onto the county road system. Prepare said <br />resolution, a Treasurer's Deed, and an excise tax affidavit. PW pays the Treasurer the <br />principal outstanding taxes. "treasurer issues the Treasurer's Deed. It and the excise <br />affidavit are filed with the Auditor. <br />' Perhaps more clearly put, RCW 36.75.030 only has application for either a county that does not own the <br />subject property or a non -county party that wants to have something declared a count), road. If the coma) <br />wanted to make use of this land in a manner incompatible with a right of way, a neighboring land owner <br />could bring a quiet tide or declaratory judgment action under RCW 36.75.030 seekine to have it declared a <br />county road. Assuming the county loses that case and still wants to make a use incompatible with a right of <br />way, it would then have to condemn it. <br />