AGO 1949-51 No. 181.

Case DateDecember 14, 1949
CourtWashington
Washington Attorney General Opinions 1949. AGO 1949-51 No. 181. December 14, 1949[Orig. Op. Page 1]PRIVATETERRITORIAL LIMITS OF TOWNS.(1) The one square mile territorial limitation on towns prescribed by Rem. Rev. Stat. 8935 has not been repealed by general laws relative to annexation of territory thereby.(2) The one square mile limitation on the territory of towns may be exceeded pursuant to Rem. Rev. Stat. 8892 relative to municipalities.Honorable Donald H. Webster Director Bureau of Governmental Research & Services University of Washington 266 J. Allen Smith Hall Seattle 5, WashingtonCite as: AGO 1949-51 No. 181Dear Sir: You have requested the opinion of this office concerning the following questions: "1. Has the one square mile limitation prescribed by Rem. Rev. Stat. Sec. 8935 been superseded by virtue of the enactment of general laws relating to annexation of areas by municipalities such as Rem. Rev. Stat. Sec. 9202, Rem. Rev. Stat. (1940 Pocket Supp.) Sec. 8896, Rem. Rev. Stat. (1945 Supp.) Sec. 8908-10, or others? "2. Assuming that the one square mile limitation of Rem. Rev. Stat. Sec. 8935 is still operative, is that limitation subject to the following two exceptions that would permit fourth class municipalities to extend their corporate limits beyond one square mile? [Orig. Op. Page 2] "a. When the boundaries of fourth class municipalities are adjacent to bodies of water, under Ch. 111, Laws of 1909, Rem. Rev. Stat. Sec. 8892. "b. When fourth class municipalities annex territory from the government of the United States, under Ch. 13, Laws of 1915, Rem. Rev. Stat. Sec. 8907." Our conclusions may be summarized as follows: (1) The one square mile territorial limitation imposed upon fourth class municipalities by section 15, chapter 7, Laws of 1890 [Rem. Rev. Stat. 8935] has not been repealed expressly or impliedly. (2) The first exception suggested by your letter is applicable to this situation, but the second suggested exception regarding annexation through acquisition from the U.S. Government is not applicable. ANALYSIS Since the power to determine the boundaries of a municipality is vested entirely within the state legislature [2 McQuillin, Municipal Corporations (3rd ed.) §§ 7.03, 7.10 and 7.13], the answers to your questions must be found in the appropriate statutes. Section 15, chapter 7, Laws of 1890 [Rem. Rev...

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