Chapter 2.44 REAL PROPERTY ACQUISITION PROCEDURES

Chapter 2.44
REAL PROPERTY ACQUISITION PROCEDURES

Sections:

2.44.030 Assistant county engineer—Duties.

2.44.040 Federal aid requirement checklist.

2.44.010 County engineer—Duties.

Administers all activities of the court and right-of-way section, including support to the law department in litigation, environmental law compliance and the property acquisition programs for the department. Assures compliance with appropriate county ordinances and resolutions, state statutes, rules and regulations which pertain to real property acquisition. (Res. 67-79 § A(1))

2.44.020 County assessor—Duties.

Administers 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 city, county and state statutes, laws, rules and regulations. Coordinates and assigns all appraisal work, maintains permanent files on all appraisals, prepares appraisals, when appropriate. 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. Researches market data to assure up to date information on the real estate market and provides court testimony on appraisals for condemnation. (Res. 67-79 § A(2))

2.44.030 Assistant county engineer—Duties.

Advises owners of need for project, of impact upon their property and of their rights under public law, RCW Chapter 8.26. Reviews project plans, appraisals and instruments for adequacy as to real property considerations. Actively negotiates with owners to acquire real property in conformance with all laws, rules and regulations. Requests condemnation procedure when necessary. Sets up escrows and instructions. (Res. 67-79 § A(3))

2.44.040 Federal aid requirement checklist.

A. Property required by the county for public works projects will be appraised by a qualified staff or fee appraiser with appropriate appraisal review before initiation of negotiations with the owner.

B. 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.

C. The county 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 will not be made by the person who determined the settlement.

D. During the appraisal process, the county will not consider any factors of the project that would influence the valuation of the property except physical deterioration wherever appropriate.

E. The county will not consider relocation assistance benefits in their appraisal process in establishing fair market value for the property to be required.

F. 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 the owner.

G. The county will give to the owner at the initiation of negotiation a written statement known as the “fair offer letter.” The 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 of 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 show that portion of the 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.

H. 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 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.

I. The county will provide relocation assistance to an owner or tenant or contract with a qualified organization to perform this service.

J. 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.

K. 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.

L. 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.

M. 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:

1. Recording fees, transfer taxes and similar expenses incidental to conveying such real property to the acquiring county;

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

3. 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 county, of the effective date of possession of such real property by the acquiring county, whichever is the earlier.

N. 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.

O. If rodent control should become necessary in the project, the county will make provisions to maintain control or eradicate the rodents.

P. No owner will be intentionally required to institute legal proceedings to prove the fact of the taking of his real property.

The county, 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. 67-79 § B)