Chapter 12.16 RIGHT-OF-WAY ACQUISITION

The county road department, desiring to acquire real property in accordance with the State Uniform Relocation Assistance and Real Property Acquisition Act (RCW Ch. 8.26) and state regulations (WAC Chapter 365-24), adopts the procedures set out in this chapter to implement the above statute and Washington Administrative Code.

A. The road department is responsible for the real property acquisition and relocation activities on projects administered by the county road department which satisfy all of the following:

1. The real property acquired will be utilized primarily as part of the county road system.

2. Federal funds will be used in the current phase of the project or may be used in future stages of development.

B. In recognition of the benefits to be received as a user of the improved facility, the grantors of property or property rights, will be requested to donate the property or property rights to the county, after being advised of their rights to receive just compensation.

Note: the road department will engage only in the acquisition of real property where relocation assistance is not involved. In those cases where the acquisition of real property will involve relocation assistance, the road department will enter into an agreement with a qualified agency for assistance.

C. To fulfill the property acquisition-relocation assistance role in development and implementation, the road department or Washington Department of Transportation have the expertise and personnel capabilities set out in this chapter, or will contract a qualified agency to accomplish these functions under the procedures set out as follows in this chapter. (Res. CR 79-70 Part 1 (part))

12.16.020 Duties of road engineer.

The county road engineer:

A. Administers all activities of the road department, including right-of-way acquisition, support to the prosecuting attorney in litigation, environmental law compliance and the property acquisition programs for the department;

B. Assures compliance with appropriate county ordinances and resolutions, state statutes, rules and regulations which pertain to real property acquisition and relocation assistance;

C. Hires contract (fee) appraisers and/or (fee) negotiators. (Res. CR 79-70 Part 1(A)(1))

12.16.030 Duties of appraiser.

A. It is the road department’s intention to employ a qualified contract (fee) appraiser for all appraised work.

B. The county road department appraiser (fee):

1. Administers all appraisal activities, including estimates of right-of-way costs and appraises fair market value to assure that the county appraisal process complies with appropriate county and state statutes, laws, rules and regulations;

2. Coordinates and assigns all appraisal work;

3. Prepares permanent files on all appraisals;

4. Prepares appraisals;

5. Reviews all appraisals to determine the adequacy and reliability of supporting data and to approve an adequately supported appraisal report which represents fair market value;

6. Researches market data to assure up-to-date information on the real estate market and provides court testimony on appraisals for condemnation. (Res. CR 79-70 Part 1(A)(2))

12.16.040 Duties of relocation agent.

A. Should relocation assistance be required in any project under the jurisdiction of the road department, the road department will contract with the Washington Department of Transportation, or some other agency or organization with relocation expertise, to provide the required relocation assistance.

B. In compliance with city, county and state law, appropriate rules and regulations, the relocation agent:

1. Gives notice for relocation assistance at the time of or subsequent to initiation of negotiations according to time limits determined by the funding agency;

2. Prepares letter to property owner explaining entitlements;

3. Prepares appropriate relocation claims;

4. Is knowledgeable in state guidelines for relocation assistance and real property acquisition policies;

5. If the project does not require relocation, prepares letter disclaiming necessity to prepare relocation plan;

6. Prepares relocation assistance program plan for projects requiring relocation assistance, and carries out same;

7. Makes filed inspections of available substitute housing to ensure decent, safe and sanitary qualifications;

8. Meets with and interviews all displaces as to their needs, offering services and advice on a continuing basis. (Res. CR 79-70 Part 1(A)(3))

12.16.050 Duties of real property agent-assistant county road engineer.

The real property agent-assistant county road engineer:

A. Advises owners of need for project, of impact upon their property and of their rights under public law RCW Chapter 8.26. (These activities may be accomplished by the contract (fee) negotiator.);

B. Reviews project plans, appraisals and instruments for adequacy as to real property considerations;

C. Actively negotiates with owners to acquire real property in conformance with all laws, rules and regulations. (These activities may be accomplished by the contract (fee) negotiator.);

D. Requests condemnation procedures when necessary;

E. Administers contract (fee) appraisers and (fee) negotiators;

F. Sets up escrows and instructions;

G. Maintains permanent files on all appraisals. (Res. CR 79-70 Part 1(A)(4))

12.16.060 Duties of prosecuting attorney.

The county prosecuting attorney assists in all legal matters as required. (Res. CR 79-70 Part 1(A)(5))

12.16.070 Duties of county assessor.

The county assessor assists in appraisal work as needed. (Res. CR 79-70 Part 1(A)(6))

12.16.080 Federal aid requirement checklist.

The federal-aid requirement checklist is described out in the provisions of Sections 12.16.090 through 12.16.240. (Res. CR 79-70 Part 1(B) (part))

12.16.090 Appraisal of property.

“1. Real property shall be appraised before initiation of negotiations with the owner”:

Property acquired by the county road department for road department projects will be appraised by a qualified staff or fee appraiser with appropriate appraisal review before initiation of negotiations with the owner. (Res. CR 79-70 Part 1(B)(1))

12.16.100 Owner’s inspection of appraisal.

“2. Owners shall be given an opportunity to accompany each appraiser during his inspection of the property”:

The road department appraiser will contact the owner and extend an invitation for the owner to accompany the appraiser during his inspection of the property. Appointment should be made at the owner’s convenience. (Res. CR 79-70 Part 1(B)(2))

12.16.110 Just compensation establishment.

“3. The acquiring agency shall establish just compensation before initiation of negotiations with the owners”:

The road department will establish just compensation from the review appraiser’s estimate of value before negotiating with any owner. Any amounts paid over just compensation for the property will be an administrative settlement and will be so documented in the acquisition file as to the justification used in arriving at the amount of the settlement. However, in an administrative or stipulated settlement, payment shall not be made by the person who determined the settlement. The road engineer will make the administrative settlements. (Res. CR 79-70 Part 1(B)(3))

12.16.120 Consideration of project’s effect.

“4. No increase or decrease in the FMV due to the project, except deterioration, is to be considered in the valuation of the property”:

During the appraisal process, the county road department will not consider any factors of the project that would influence the valuation of the property except physical deterioration wherever appropriate. (Res. CR 79-70 Part 1(B)(4))

12.16.130 Relocation assistance benefits.

“5. Appraisals are not to give consideration nor include any allowance for relocation assistance benefits”:

The road department will not consider relocation assistance benefits in their appraisal process in establishing fair market value for the property to be acquired. (Res. CR 79-70 Part 1(B)(5))

12.16.140 Uneconomic remnants.

“6. The owner is not to be left with an uneconomic remnant that the acquiring agency did not offer to acquire”:

Pursuant to RCW 8.26.180(9), the road department, during the acquisition of a portion of the owner’s property, will not leave an uneconomic remnant without offering to acquire the entire property from the owner. (Res. CR 79-70 Part 1(B)(6))

12.16.150 Fair offer letter.

“7. The owner is to be given a written statement of the amount established as just compensation, a summary of the basis for the amount of just compensation, and where appropriate, the just compensation for real property acquired, and damages are to be separately stated in the written statement”:

The road department will give to the owner at the initiation of negotiation a written statement known as the “fair offer letter.” That statement will be the amount of just compensation based on a review and analysis of an appraisal(s) made by a qualified appraiser with a summary thereof, showing the basis for just compensation. Included in the fair offer letter will be identification of the real property to be acquired, including the estate or interest being acquired. There will be, when appropriate, the identification of the improvements and fixtures considered to be part of the real property to be acquired. The fair offer letter will also show that portion of the just compensation which is considered the amount of damages to the remaining property. At the initiation of negotiation with the owner the road department will give to the owner an acquisition brochure furnished by the Washington Department of Transportation. (Res. CR 79-70 Part 1(B)(7))

12.16.160 Surrender before payment.

“8. No owner shall be required to surrender possession before the agreed purchase price has been paid or the approved amount of compensation has been paid into the court”:

The road department will not require the owner or tenant to surrender possession of the property before ninety days after the agreed purchase price has been paid or the approved amount of compensation has been paid into court. The ninety-day notice may be reduced only in the event the property being acquired is unimproved, contains no personal property and is not being utilized by the owner or tenant, or agreed to and written into the deed transaction. (Res. CR 79-70 Part 1(B)(8))

12.16.170 Notice to displaced persons.

“9. All displaced persons shall be given a 90-day notice in advance of the date they are required to move”:

The road department will provide relocation assistance to an owner or tenant or contract with a qualified organization to perform this service. (Res. CR 79-70 Part 1(B)(9))

12.16.180 Rental amounts.

“10. The rental amount charged to owners and/or tenants permitted to occupy the property subsequent to acquisition must not exceed the fair market rental value to a short-term occupant”:

Rental amounts charged to owners and tenants occupying the property subsequent to acquisition will not be in excess of the fair rental amount of a short-term occupant. (Res. CR 79-70 Part 1(B)(10))

12.16.190 Coercion.

“11. No action shall be taken to advance condemnation, defer negotiation or take any other action coercive in nature in order to compel an agreement on the price to be paid for the property”:

Every reasonable effort will be made to acquire expeditiously real property by negotiations without exercising the right of eminent domain. No action will be taken to advance condemnation, defer negotiations or condemnation or take any other action coercive in nature in order to compel an agreement on the price to be paid for the property. (Res. CR 79-70 Part 1(B)(11))

12.16.200 Equal interest in buildings and improvements.

“12. Douglas County Road Department shall acquire an equal interest in all buildings, etc., located upon the real property acquired”:

When any interest in real property is acquired, at least an equal interest will be acquired in all buildings, structures or other improvements located upon the real property so acquired and which is required to be removed from such real property or which will be adversely affected by the use to which such real property will be put. (Res. CR 79-70 Part 1(B)(12))

12.16.210 Fees and transfer costs.

“13. Douglas County Road Department shall pay recording fees, transfer taxes, etc., penalty costs for prepayment of a pre-existing mortgage and the pro-rata share of real property taxes paid subsequent to vesting title in the acquiring county”:

The road department will comply with RCW 8.26.200 and will pay directed or reimburse the owner for expenses necessarily incurred in the acquisition for:

A. Recording fees, transfer taxes and similar expenses incidental to conveying such real property to the road department;

B. Penalty costs for full or partial prepayment of any preexisting recorded mortgage entered into in good faith encumbering such real property;

C. The pro rata portion of real property taxes paid which are allowable to a period subsequent to the date of vesting title in the acquiring county, or in the effective date of possession of such real property by the acquiring county, whichever is the earlier. (Res. CR 79-70 Part 1(B)(13))

12.16.220 Donation of property.

“14. No property owner can voluntarily donate his property prior to being informed of his right to receive just compensation”:

A donation or gift of real property will be accepted only after the owner has been fully informed of his right to receive just compensation. (Res. CR 79-70 Part 1(B)(14))

12.16.230 Rodent control.

“15. Provisions shall be made for rodent control should it be necessary”:

If rodent control should become necessary in the project, the road department will make provisions to maintain control or eradicate the rodents. (Res. CR 79-70 Part 1(B)(15))

12.16.240 Requiring owner to prove taking of property.

“16. No owner shall be intentionally required to institute legal proceedings to prove the fact of the taking of his real property”:

No owner will be intentionally required to institute legal proceedings to prove the fact of the taking of his real property. (Res. CR 79-70 Part 1(B)(16))

12.16.250 Federal-aid project number.

The road department, to promote more convenient administration of federal-aid projects, will require that right-of-way plans, contracts, deed, appraisals, options, vouchers, correspondence and all other documents and papers to which the Federal Highway Administration needs to refer will carry the federal-aid project number for ready identification. (Res. CR 79-70 Part 1(B)(part))