Some form of this statute has existed since 1890. See Todd v. Kitsap Cnty., 101 Wash.2d 245, 250, 676 P.2d 484 (1984) (noting that “original predecessor to [the statute] was enacted in 1890” and “reenacted in 1937”). But—importantly—the County cannot have prescriptively acquired the land after Charles Cayanus deeded Section B to the United States in 1936.
A county can acquire roads by prescription. RCW 36.75.070; Todd v. Kitsap County, 101 Wn.2d 245, 249, 676 P.2d 484 (1984). A cause of action for just compensation for inverse condemnation must be brought within the seven-year statute of limitations.
Therefore, the statute is constitutional if (1) the legislation applies alike to all persons within the designated class; and (2) reasonable ground exists for making a distinction between those who fall within the class and those who do not. Todd v. Kitsap Cy., 101 Wn.2d 245, 676 P.2d 484 (1984); Jenkins v. State, 85 Wn.2d 883, 540 P.2d 1363 (1975). The County argues that the statute is "gender oriented and therefore suspect."