# RCW 47.12.026: RCW 47.12.026: Acquisition of state lands or interests or rights therein—Easements—Removal of materials—Relocation of railroad tracks > Washington · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_T47_C12_S026 ## Section - **Citation:** RCW 47.12.026 - **Heading:** RCW 47.12.026: Acquisition of state lands or interests or rights therein—Easements—Removal of materials—Relocation of railroad tracks - **Jurisdiction:** Washington - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Washington Code / Title 47 / Chapter 12 / Section 026 ## Text (1) The department of transportation may acquire an easement for highway or toll facilities right-of-way or for ferry terminal or docking facilities, including the right to make necessary fills, on, over, or across the beds of navigable waters which are under the jurisdiction of the department of natural resources, in accordance with the provisions of RCW 47.12.023 , except that no charge may be made to the department of transportation for such an easement. (2) The department of transportation may obtain an easement for highway or toll facilities purposes or for ferry terminal or docking facilities on, over, or across harbor areas in accordance with RCW 47.12.023 but only when the areas are approved by the harbor line commission as a public place for public landings, wharves, or other public conveniences of commerce or navigation. No charge may be made to the department of transportation for such an easement. (3) Upon the selection by the department of transportation of an easement for highway or toll facilities right-of-way or for ferry terminal or docking facilities, as authorized in subsections (1) and (2) of this section, the department of natural resources shall cause to be executed and delivered to the department of transportation an instrument transferring the easement. Whenever the state no longer requires the easement for highway or toll facilities right-of-way or for ferry terminal or docking facilities, the easement shall automatically terminate and the department of transportation shall, upon request, cause to be executed an instrument relinquishing to the department of natural resources all of its interest in the lands. (4) The department of transportation, pursuant to the procedures set forth in RCW 47.12.023 , may remove sand and gravel and borrow materials and stone from the beds of navigable waters under the jurisdiction of the department of natural resources which lie below the line of ordinary high water upon the payment of fair market value per cubic yard for such materials to be determined in the manner set forth in RCW 47.12.023 . (5) The department of transportation may acquire full jurisdiction over lands under the jurisdiction of the department of natural resources including the beds of navigable waters that are required for the relocation of the operating tracks of any railroad that will be displaced by the acquisition of such railroad property for state highway purposes. The department of transportation may exchange lands so acquired in consideration or partial consideration for the land or property rights needed for highway purposes and may cause to be executed a conveyance of the lands in the manner prescribed in RCW 47.12.150 . In that event the department of transportation shall pay to the department of natural resources, as just compensation for the acquisition, the fair market value of the property, including the beds of any navigable waters, to be determined in accordance with procedures set forth in RCW 47.12.023 . ## Nearby sections - [RCW 37.12.010 RCW 37.12.010: Assumption of criminal and civil jurisdiction by state.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T47_C12_S010.md) - [RCW 37.12.050 RCW 37.12.050: State's jurisdiction limited by federal law.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T47_C12_S050.md) - [RCW 37.12.150 RCW 37.12.150: Retrocession of federal jurisdiction over lands excluded from Olympic National Park.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T47_C12_S150.md) - [RCW 37.12.160 RCW 37.12.160: Retrocession of civil and/or criminal jurisdiction—Process.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T47_C12_S160.md) - [RCW 47.12.011 RCW 47.12.011: Purchase options authorized.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T47_C12_S011.md) - [RCW 47.12.015 RCW 47.12.015: "Reservation boundary" defined.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T47_C12_S015.md) - [RCW 47.12.023 RCW 47.12.023: Acquisition of state lands or interests or rights therein—Procedures—Compensation—Reacquisition by department of natural resources.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T47_C12_S023.md) - [RCW 47.12.026 RCW 47.12.026: Acquisition of state lands or interests or rights therein—Easements—Removal of materials—Relocation of railroad tracks.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T47_C12_S026.md) - [RCW 47.12.029 RCW 47.12.029: Acquisition of state lands or interests or rights therein—Certain purposes prohibited.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T47_C12_S029.md) - [RCW 47.12.040 RCW 47.12.040: Acquisition of property from a political subdivision.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T47_C12_S040.md) - [RCW 47.12.044 RCW 47.12.044: Proceedings to acquire property or rights for highway purposes—Precedence.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T47_C12_S044.md) - [RCW 47.12.055 RCW 47.12.055: Notification requirements.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T47_C12_S055.md) - [RCW 47.12.063 RCW 47.12.063: Surplus real property program.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T47_C12_S063.md) - [RCW 47.12.064 RCW 47.12.064: Affordable housing—Inventory of suitable property.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T47_C12_S064.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_T47_C12_S026. Check the current official text before relying on it. Not legal advice.