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Home My WebLink Aboutres1979-0171 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22. 23 24 25 26 27 28" 29 30 31 32 Date July 19, 1979 RESOLUTION NO. 79-17 A RESOLUTION regarding the adoption of a Right of Way Acquisition Procedures for Whatcom County. WHEREAS, Whatcom Comity has not previously adopted Right crf ,Way Acquisition Procedures, and . WHEREAS, a bight of Way Acquisition Procedures has now been written, setting policy and procedures, NOW, THEREFORE, BE IT RESOLVED that the Right of Way Acquisition Procedures as submitted be adopted. PASSED this 2nd day of Auqust , 1979. WHATCOM COUNTY COUNCIL WHA'1!COM COUNTY, WASHINGTON es C'ha�.. r on 9 ATTEST: Joan Ogden County Huditor & Ex- Officio Clerk-9f the Council Hy: Deputy APPROVED -AS TO FORM: x� w Miam A. Gar Kier Civil Deputy Prosecuting Attorney AUG 2 1979 0 i RM '.{ ' r ±r u re am RIGHT OF WAY ACQUISITION PROCEDURES OF WHATCCM COUNTY POLICY STATEMEM The County, 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 CH. 365 -24), hereby adapts the following procedures to implement the above statute and Washington Administrative Code. The Engineering Department of the County agency is responsible for the real property acquisition. " and relocation: activities on projects admin.. istered by the Comity agency. To fulfill the property acquisition- relocation assistance role in developmerit and implenaentation, the Engineering Departme:ant has the fallowing expertise and personnel capabilities and accomplishes these functions Lander the following procedures: Q. PERSONNEL AND DUTIES 1. COUNTY ENGINEER. Administers all activities of the Cowart and Right of Way Section, including support to the Law Department in litigation,, environmental law compliance and the property acquisition programs for the Depart- ment. Assures compliance with appropriate County ordinances and resolutions, State statutes, rules and recpilations which pertain to real property acquisition and relocation assistance. 2. COU11frY APPRAISER: Administers all, appraisal activities, including estimates of right of gray costs and appraisals of fair market value to assure: that the County appraisal process complies with appropriate City, County and State statutes, laws, rules and regulations. Coordinates and assigns all appraisal roork, hires contract (fee) appraisers, maintains per - manent files on all appraisals, prepares appraisals. Reviews all appraisals to deaterirdne the adequacy and reliability of supporting data and to approves an adequately supported appraisal report which represents fair m<erket value!:. Researches market data to,aassure up- to-date information on the real estate market and provides cotixrt testimony on appraisals for condeasiation. 4. MY �@ Wi9frVJOW14S]I �GSIYOWIItliYh49Q1��0�9WRYAY� 'iiNAlHp .., 3. RIGHT OF WAY AGENT4 Advises owners of need for proja_a:;t,d of i.Pwp. +act upon their property and of their rights under Public Law RCW Ch. 8.26. Revievi s project plans, appraisals and instruments foj: ads *Tracy as to real property, considerations. Actively negotiates with e:me_rs to acquire real property in con- formance with all laws, rules and regulations. Requests condemnation procedure when necessary. Sets up Escrows and instructions. B FEDERAL -AID REQUIRFAF.NT CHECKLIST. REFERENCE 1. REAL PROPEL MJST BE APPRAISED BEFORE INITIATION OF NEGOTIATIONS WITH THE OWNER. Property acquired by the County for Public Works projects will be appraised by a qualified staff or fees appraiser with appropriate appraisal revie =w initiation of negotiations with the owner. REFERENCE 2. OWNERS M'U'ST BE GIVEN AN OPPOW.M.1NI:TY TO ACCOMPANY EACH APP14AISER E7J1R: NG HIS INSPECTION OF THE PROPERTY. They Cc�tint.y 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. REFER EWE 3. rz k7o .tom MST ESTIZtLTSN J UScT' COM F. SATIC" BEFORE I:.311TI:A'rI:OR OF NE:d:vt3'1'"I.ATIONS WITH THI: OWNERS. The County will establish just compensation from the Review Appraiser's estimate of value before negotiating with any owner. Any amounts paid -overt just ccxnpensation for the property will be an administrative settleffent and will be so docuatented in the acquisition file as to the justification used in arriving at the amount of settlement. However, in an administrative or stipulated settlement, payment will not be wade by the pe'x°r cwh who determined the settle mei -.t. - 2 d� pi l��V j�Fl +�t ( i`i i �II �i' �y, f REFERENCE 4. NO INCREASE OR DECREASE IN THE FKV DUE TO '4.°' M 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 would influence the val- uation of the property except physical deterioration wherever appropriate. REFERENCE 5. APPRAISALS ARE NOT TO GIVE CONSIDERATION NOR INCLUDE ANY ALLOWAWlCE 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. REFERENCE 6, THE OWk ER IS N(Yr TO BE LEFT VrTH AN UNECONOMIC REMNA1 T THAT THE ACQUIRING AGENCY DID NOT OFFER TO ACQUTIZE. Pursuant to FCW 8.26.180* Paragraph 90 the Ccunty during acquisition of a portion of the owner's property will not leave an uneconomic rezanant without offering to accpsire the entire property from the owner. REFERENCE 7. THE OWNER IS TO BE GIVEN WRITTEN STATEKERr OF '1w, AMOUNT ESTABLISHED AS JUST COi ENSATION, A SUM0,RY 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 STATEMEN'T'. 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 conss- pensati.on based on a review and analysis of an appraisal(s) made by a qualified appraiser with a summary thereof,, shoring 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. bea when appropriate* the idemtification of the improvements and fixtures considered to be part of the real property to be acquired. The fair offer letter wiI.l w 3 — 400 ill, r, I I �� irF —' - Ti's +� R T slow that portic,n of the just compensation considered the amount of damages to the re ataining property. At the initiation of negotiation with the owner, the County will. give to the c irnier an Acquisitions Brochure ftrni..shed by t.h+a Washing-ton State Department of Txari sporta'tirwi. REFERENCE 8, NO OW E11 SI LL BE, REQUIRED T() SUEUIEENDER PO:: SESS]CON BJ::'F ORE : T2U- ACAIEED PUFCHASE PRICE HAS BEEN PX[D OR THE APt'ROVE'D 2- umoUn OF COMPENSATION HAS BEEN PAID W.P0 '114E COURT. The County will not require the owner or tenant to surrender possession of the property- bef ores 90 days after the agreed purchases price has been paid or the approved amount of coml ensatie"rn has been paid into court. The 90 day notice may be reduced only In the event the property being acquiti�d is unimproved, contains no personal property and is not betirng utilized by the owner or tenant. REFERENCE 9. ALL DISPLACED PERSONS MUST BE OVEN A 90 -DAY NOTICE IN ADVANCE OF THE DAVE THEY ARE REQUIRED TO MOVE. The Cexvnty will provide relocation assistance to an owner or tenant or contract with a qualified organization to perform this service. REFERF14CE 10. THE RENTAL PM'dUAP . CHARGED TO OWNERS AND/OR TENANTS PERMITTED TO OCCUPY THE PROPERTY SUBSEQUENT TO ACQUISITION MUST NOT EXCEED THE FAIR KAR)Wr RENTAL VALUE TO A SHORT -TEEM 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. REFERENCE 11. NO ACTION MUST FEE TAKEN TO ADVANCE CONDEMNATION, DEFER ?JE- G+OT'IATIONS OR CONDEMNATION OR TAKE AWY 01HER ACTION COERCIVE IN NATURE IN ORDER TO COMPEL AN AGREEMENT ON THE PRICE TO BE PAID FOR THE PROPEM. , -4 - ®Q 0..a 60 Every reasonable effort will be made to accVji.re expeditiously real property by negotiations without exercising the right of Eminent Domain. No action will be taken to advance c:otideimiation, defer negot,. i.ations or condemnation or take any other action coercive in nature in order to compel ata agreement on the price to be paid for the property„ 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 hcet adversely affected by the use to which such regal property will be put. REFERENCE 13. THE ACQUIRING COUNTY MUST PASO RECORDING F'EE'S, TRANSFER TAXES, ETC., PENALTY COSTS FOR PRE-PAYMENT OF A PRE - EXISTING MORTGAGE AND THE PRO -RATA SHARE OF REAL PROPER'T'Y TAXES PAIL? SUBSEQUENT TO VESTING TITLE IN THE ACQUIRING COUNTY. The County will comply with RCW 8.26.200 and will pay direct or reimburse the cmier for expenses necessarily incurred in the acquisition for: Recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the acquiring Coe:mtyi Penalty costs for full or partial prepayment of any pre-existing recorded mortgage entered into in good faith encumbering such real property; The pro -rata portion of real property taxes paid which are allocable to a period subsequent, to the date of vesting title in the acquiring Coutnty, or than effective date of possessions of such real property by acquiring County, whichever is the earlier. - 5 — too, � 4L� REFERENCE 14, NO PROPERory ch awit CAN VOLUNTARILY DONA'T'E: HIS PROPERTY PRIOR TO BEING M"OHIMED OE" MS RIGHT TO ROCEIVE,' .7'UST COMPENSAT7 CN. A donation. or gift of real property will be accepted curly after the owner has Ns en fully informed of his right to receive just c ieensatiocn. RE.TERENCE 15. PROVISIONS I"1INE BEEN MADE FOR RODENT CONTROL SHOULD IT BE NkA.ESSARY. If rode nt:. control should becoeate necessary in the project, the County will make provisions to maintain control or eradicate the rodents. REFERENCE lb. NO OWNER WAS MENTIONALLY REQUIRED TO INSTITUTE LEGAL PROCEEDINGS TO PRONE THE FACT OF M. TAKING, OF HIS REAL PROPERTY. No opener will be intentionally required to. institute legal proceedings to prove the fact of the taking of his areal propez°ty. The County, to promote more convenient administration of federal -aid projects, will recpAre that right of way plans, cont:racts9 deeds, appraisals, options, vouchers, correspondence and all at;lier doramrents / and papers to which the Federal Highway Administrat.icn needs tcs refer � will carry -the Federal. -Aid project number for ready .idepnt:ificaticrrn. Dated this day of _._ _.19 ATTEST: W"hatcoan County Executive— CER'T'IFICATE; The above is signed as County policy pursuant: to Resolutions No. date=d 6 f�l'1�� G�� 4��'�, III F IP�ri:'JC�IPJ,Iv✓11l i hl � � I 'i .�,. li. I I �, '!I�i I k I" i I h '. i .I. .. _ I I IG, 10� V 93