Chapter 12.15
ROAD VACATIONS
Sections:
12.15.020 Appraisal - By county.
12.15.030 Appraisal - By property owner.
12.15.010 Notice.
Prior to the vacation of any county road in which Lewis County’s property interest is fee simple, the following steps shall be taken in addition to those vacation procedures required by state law:
(1) A notice of any such proposed vacation shall be routed through the Lewis County departments of public services and community services so as to determine whether such right-of-way is surplus to the needs of Lewis County.
(2) An appraisal shall be made by the Lewis County public works division appraiser or such other appraiser as the county deems appropriate to determine the value of the right-of-way proposed to be vacated.
(3) Should the abutting property owners desire to obtain the land within the road right-of-way, such owners may, prior to action on the vacation, agree to compensate Lewis County for such right-of-way in the amount appraised and upon action by the county, tender such amount in exchange for a quit claim deed to that portion of the land within the right-of-way to which they are abutters. Where there is no agreement by the abutting land owner to purchase the right-of-way land prior to county action on the vacation, the land may be disposed of by the county only in a manner consistent with Chapter 3.30 LCC, as now or hereafter amended. [Ord. 1157, 1998; Ord. 1072 §1, 1982]
12.15.020 Appraisal - By county.
(1) Prior to the vacation of any county road in which Lewis County’s property interest is for road purposes, whether acquired through prescription, or by waiver, easement or deed, the following steps shall be taken in addition to those vacation procedures as required by state law:
(a) A review of the county road records shall be made by the county engineer as to the extent of public expenditures made in the acquisition, improvement or maintenance of the road proposed to be vacated and a report of his findings thereon filed with the Lewis County board of county commissioners;
(b) An appraisal shall be made by the Lewis County engineering section appraiser or such other appraiser as the county deems appropriate to determine the value, if any, of the county’s interest in the right-of-way.
(2) If the right to receive compensation is not claimed by Lewis County as a condition precedent to the vacation of any such road right-of-way, the vacation may proceed pursuant to the provisions of state law; if the right to compensation is claimed, the following additional step shall be made:
(a) Lewis County shall secure a signed statement from the abutting property owners to the right-of-way proposed to be vacated, agreeing to compensate Lewis County, in the amount appraised, for its vacation of interest in that portion of right-of-way to which they are abutters; providing however, that Lewis County may decline to vacate the road until it receives all such compensation. [Ord. 1157, 1998; Ord. 1072 §2, 1982]
12.15.030 Appraisal - By property owner.
(1) Any property owner who favors the proposed vacation but is not satisfied with the county’s appraisal, may elect to have a certified appraiser of his own choosing appraise the value of that portion of right-of-way abutting his property; providing, that such second appraisal shall be paid for by the property owner; and providing further, that Lewis County shall have the right to consider, accept or reject any such second appraisal.
(2) If agreement on value is not reached after the second appraisal, Lewis County may withdraw from sale or decline to vacate the right-of-way. If the county agrees to proceed, the parties may select a mutually agreed upon third appraiser, whose appraisal shall be final and binding upon the parties, and whose fee shall be paid for equally by both parties. [Ord. 1157, 1998; Ord. 1072 §3, 1982]
12.15.040 Compensation.
Compensation will be required and at the following levels: for rights-of-way established 25 or more years prior to the date of the request for vacation, no compensation will be required; for those rights-of-way established 10 years or more prior to the date of the request for vacation, but less than 25 years prior to the date of the request for vacation, compensation will be at 30 percent of appraised value; and for rights-of-way established less than 10 years prior to the date of the request for vacation, compensation will be equal to the amount the county originally paid for the property or at 100 percent of appraised value if the appraised value is greater than the purchase price, but at no time will the county be reimbursed less than the county originally paid for the property. [Ord. 1240, 2012]