Chapter 12.90
VACATION AND COMPENSATION FOR COUNTY ROADS
Sections:
12.90.030 Expenditures of record.
12.90.050 Failure to compensate.
12.90.010 General.
This chapter shall relate to compensation to the county for vacated roads and is executed pursuant to RCW 36.87.100 through 36.87.120 inclusive. (Ord. 78-2, 1978).
12.90.020 Classification.
The board of county commissioners (hereinafter referred to as “the board”) herein classifies all roads in and under the jurisdiction of the county as follows:
A. All county roads which have had public expenditures made for acquisitions, improvement, or maintenance of them consisting of all those roads comprising the county road system; and
B. All county roads which are legally county roads but are not formally on the county road system, regardless of expenditures made for acquisition, improvement or maintenance of them, these roads being acquired in any of the following manners:
1. By deed; or
2. By dedication; or
3. By prescription; and
C. All county roads which are under subsection A or B of this section, and for which the right-of-way was obtained by donation or by a combination of donation and prescription, and for which the original donor would be benefiting party(ies) in the event of a vacation. (Ord. 2013-5 § 1 (Exh. A), 2013; Ord. 78-2, 1978).
12.90.030 Expenditures of record.
The type and amount of expenditures made and the nature of the county’s property interest in any road shall be determined by the official records of the county road division office of the Okanogan County engineer and are incorporated in this chapter by reference. (Ord. 2013-5 § 1 (Exh. A), 2013; Ord. 78-2, 1978).
12.90.040 Compensation.
Any person or persons petitioning for and benefiting from the vacation of a county road, or any portion thereof, shall compensate the county an amount equaling a percentage of the appraised value of the vacated county road in accordance with the following schedule:
A. OCC 12.90.020(A), 100 percent of appraised value based on standard of development at time of vacation;
B. OCC 12.90.020(B)(1), 100 percent of appraised value based on land value;
C. OCC 12.90.020(B)(2), 100 percent of appraised value based on land value;
D. OCC 12.90.020(B)(3), no compensation required;
E. OCC 12.90.020(C), no compensation required;
F. No compensation shall be required in the event that the value of the vacated portion of the roadway is exchanged for an equal or greater value of new right-of-way, said amount to be based on proper appraisals of both parcels.
G. If in the opinion of the board, the appraised values are extraordinarily high based on standard of development (OCC 12.90.040(A)), the board may by unanimous vote, waive part or all of the compensation above the value of the land. (Res. 2-80, 1980; Ord. 79-14, 1979; Ord. 79-4, 1979; Ord. 79-2, 1979; Ord. 78-2, 1978).
12.90.050 Failure to compensate.
The amount owed to the county by property owners benefited by vacation of county roadways, shall be due and payable during a period of time consisting of 12 months following the date of vacation of the road. At the end of 12 months following the date of such vacation, the amount shall be delinquent and become a lien upon the property which was so benefited. In the event of such delinquency, the prosecuting attorney of the county shall commence foreclosure proceedings and shall cause the sale of such amount of the property which is benefited to take place as is sufficient to compensate the county pursuant to this chapter. (Ord. 78-2, 1978).
12.90.060 Severability.
If any provision of this chapter, or its application to any person, property, or road is held invalid, the validity of the remainder of the chapter, or the application of the provision to other persons’ property, or roads shall not be affected. (Ord. 78-2, 1978).