Chapter 10.11
RIGHT-OF-WAY ACQUISITION FOR PROJECTS WITH FEDERAL OR STATE AID
Sections:
10.11.020 Federal Aid Project Number Required.
10.11.030 Public Works Department – Duties.
10.11.040 Public Works Department – Personnel – Duties.
10.11.050 Federal Aid Requirement Checklist.
10.11.010 Purpose.
The County of Yakima, hereinafter referred to as the “county,” desiring to acquire real property in accordance with the State Uniform Relocation Assistance and Real Property Acquisition Act (RCW Chapter 8.26) and the state regulations (WAC Chapter 365-24) adopts the following procedures to implement the above statute and Washington Administrative Code, but only with respect to real property, buildings, structures and fixtures which shall be required pursuant for a program or project, the cost of which is financed in whole or in part by a federal agency. The county does not in any way adopt the procedures contained herein for real property acquisition which is not financed, in whole or in part, by an agency of the federal government pursuant to a plan or project.
(Res. 453-1983, Policy Reg. No. 2 D-2(part), 1983).
10.11.020 Federal Aid Project Number Required.
The County of Yakima, to promote more convenient administration of federal aid projects will require that right-of-way plans, contracts, deeds, 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. 453-1983, Policy Reg. No. 2 D-2(C), 1983).
10.11.030 Public Works Department – Duties.
The public works department of the county is responsible for the real property acquisition and relocation activities on projects administered by the county. To fulfill the property acquisition-relocation assistance role in development and implementation, the public works department has the following expertise and personnel capabilities and accomplishes these functions under the following procedures.
(Res. 453-1983, Policy Reg. No. 2 D-2(part), 1983).
10.11.040 Public Works Department – Personnel – Duties.
The following personnel have the following duties:
(1) Director of Public Works. The director of public works:
(a) Supervises and administers all activities of the Yakima county department of public works. This includes support to the county prosecuting attorney; compliance with appropriate county ordinances and resolutions, environmental laws and state statutes, rules and regulations which pertain to real property acquisition and relocation assistance;
(b) Supervises all appraisal activities, including estimates of right-of-way costs and appraisals of fair market value to assure that the county appraisal process complies with appropriate county and state statutes, laws, rules and regulations; coordinates and assigns all appraisal work, hires contract fee appraisers when necessary, and maintains permanent files on all appraisals;
(c) Advises owners of need for project, of impact upon their property and of their rights under RCW Chapter 8.26; reviews project plans, appraisals, review appraisals and instruments for adequacy as to real property considerations;
(d) Requests condemnation procedure where necessary;
(e) Sets up escrows and instructions;
(f) Has final approval of administrative settlements.
(2) Appraiser. The county shall use qualified appraisers to prepare appraisals and for review of the appraisals, research market data, assure up-to-date information on the real estate market and provide court testimony on appraisals for condemnation, if required.
(3) Relocation Agent.
(a) The relocation agent, in compliance with county and state law, appropriate rules and regulations, gives notice of relocation assistance at the time of or subsequent to initiation of negotiations according to time limits determined by the funding agency; prepares letter to property owner explaining entitlements; prepares appropriate relocation claims; is knowledgeable in state guidelines for relocation assistance and real property acquisition policies. If the project does not require relocation assistance, the relocation agent prepares letters disclaiming necessity to prepare relocation plan. The relocation agent prepares relocation assistance program plan for project requiring relocation assistance and carries out same; makes field inspections of available substitute housing to insure decent, safe and sanitary qualifications; and meets with and interviews all displacees as to their needs, offering services and advice on a continuing basis.
(b) This function would either be performed by a county staff person, at the direction of the director of public works, or a qualified individual retained by the county for this purpose.
(4) Right-of-Way Agent.
(a) The right-of-way agent actively negotiates with owners to acquire real property in conformance with all laws, rules and regulations.
(b) This function would either be performed by a county staff person or consultant retained by the county for this purpose.
(5) Review Appraiser. The review appraiser is a county staff person or Washington State Department of Transportation personnel retained by the county for the purpose of reviewing all appraisals to determine the adequacy and reliability of supporting data and to approve an adequately supported appraisal report which represents fair market value.
(Res. 453-1983, Policy Reg. No. 2 D-2(A), 1983).
10.11.050 Federal Aid Requirement Checklist.
(1) Reference 1. Real property must be appraised before initiation of negotiations with owner: Property acquired by the county for public works projects will be appraised with appropriate appraisal review before initiation of negotiations with the owner.
(2) Reference 2. Owners must be given an opportunity to accompany each appraiser during his inspection of the property: The county 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.
(3) Reference 3. The acquiring agency must establish just compensation before initiation of negotiations with the owners. The county will establish just compensation from the review appraiser’s estimate of value before negotiating with any owner. The director of public works may determine, if necessary, to pay an amount higher than the just compensation as determined by appraisal. This administrative decision will be so documented in the acquisition file along with the justification used in arriving at the amount of the settlement.
(4) Reference 4. No increase or decrease in the fair market value due to the project, except physical deterioration, is to be considered in the valuation of the property: During the appraisal process, the county will not consider any factors of the project that will influence the valuation of the property except physical deterioration wherever appropriate.
(5) Reference 5. Appraisals are not to give consideration nor include any allowance for relocation assistance benefits: The county will not consider relocation assistance benefits in their appraisal process in establishing fair market value for the property to be acquired.
(6) Reference 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, Paragraph 9, the county during acquisition of a portion of the owner’s property will not leave an uneconomic remnant without offering to acquire the entire property from owner.
(7) Reference 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, the damages are to be separately stated in the written statement:
(a) The county 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 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.
(b) The fair offer letter will show that portion of just compensation considered the amount of damages to the remaining property. At the initiation of negotiation with the owner the county will give to the owner an acquisition brochure furnished by the Washington State Department of Transportation.
(8) Reference 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 county will not require the owner or tenant to surrender possession of the property before ninety days after the agreed purchase price 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.
(9) Reference 9. All displaced persons must be given ninety-day notice in advance of the date they are required to move: The county will provide relocation assistance to an owner or tenant or contract with a qualified organization to perform this service.
(10) Reference 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 excess of the fair rental amount of a short-term occupant.
(11) Reference 11. No action must be taken to advance condemnation, defer negotiations or condemnations 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 to 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.
(12) Reference 12. The acquiring county must 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 future use of such real property.
(13) Reference 13. The acquiring county must pay recording fees, transfer taxes, etc., penalty costs for prepayment of preexisting mortgage and the pro rata share of real property taxes paid subsequent to vesting title in the acquiring property: The county will comply with RCW 8.26.200 and will pay direct 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 acquiring county;
(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 allocable to a period subsequent to the date of vesting title in acquiring county, whichever is the earlier.
(14) Reference 14. No property owner can voluntarily donate his property prior to being informed of his right to receive just compensation:
(a) 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.
(b) Exempt from this is property which has been, or will be, dedicated through the short plat or subdivision procedures. Also exempt are properties donated prior to the adoption date of this right-of-way acquisition policy.
(15) Reference 15. Provisions have been made for rodent control, should it be necessary: If rodent control should become necessary in the project, the county will make provisions to maintain control or eradicate the rodents.
(16) Reference 16. No owner was 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. 453-1983, Policy Reg. No. 2-D2(B), 1983).