Chapter 12.20
ROAD VACATION

Sections:

12.20.010    Road Vacation by County Council.

12.20.020    Designations of Roads.

12.20.030    Compensation to be Based on Designation.

12.20.040    Compensation Precedent to Vacation.

12.20.050    Administrative Costs.

12.20.060    Apportionment of Compensation Credited to Certain County Funds.

Cross-reference: Chapter 36.87 RCW

12.20.010 Road Vacation by County Council.

County road rights-of-way may be vacated by the Pierce County Council either upon a Freeholder petition, or by its own motion, in accordance with the provisions of Chapter 36.87 RCW. After consideration of the County Engineer's Report, if the Council finds that the right-of-way is not useful and the public will be benefitted, the Council may vacate the right-of-way. Pierce County shall receive compensation as provided in this Chapter. (Ord. 90-23 § 2 (part), 1990)

12.20.020 Designations of Roads.

Pursuant to the provisions of RCW 36.87.100 and 36.87.110, all County rights-of-way are designated as follows:

Type E – (Expenditures): Unimproved or improved where credible evidence exists which supports the conclusion that public expenditures have been made in the acquisition, improvement, or maintenance of the right-of-way, and the County or public has any type of property interest for use as a County road or for the use of the traveling public.

Type NE – (No Expenditures): Unimproved or improved where no credible evidence exists which supports the conclusion that public expenditures were made in the acquisition, improvement, or maintenance of the right-of-way, and the County or public has any type of property interest for use as a County road or for the use of the traveling public.

(Ord. 90-23 § 2 (part), 1990)

12.20.030 Compensation to be Based Upon Designation.

Compensation to the County for vacation of the right-of-way shall be as follows:

A.    Type E: Appraised value of the right-of-way to be vacated which, at the County Engineer's option, may be determined by the County Assessor-Treasurer or by an Appraiser appearing on the current Washington State Department of Transportation Fee Appraiser List. Administrative costs will also be applied.

B.    Type NE: Administrative costs only.

(Ord. 90-23 § 2 (part), 1990)

12.20.040 Compensation Precedent to Vacation.

The amount of compensation as determined by the Pierce County Council according to the designations above must be paid as a condition precedent to the vacation of any County right-of-way. Compensation for appraised value may, however, when it is in the best interest of the County, include real property of equivalent value to the right-of-way being considered for vacation. (Ord. 90-23 § 2 (part), 1990)

12.20.050 Administrative Costs.

A non-refundable application fee of $1,400.00 shall be paid by the Applicant prior to commencement of the vacation procedure. Also, a non-refundable processing fee of $100.00 shall be paid when the Applicant returns the completed vacation petition. These fees shall apply to the total administrative costs due if the vacation request is approved by the Pierce County Council. A complete list of vacation procedures shall be printed and made available to prospective Applicants at the Planning and Public Works Department. (Ord. 2017-12s § 2 (part), 2017; Ord. 2009-42s § 1, 2009; Ord. 90-23 § 2 (part), 1990)

12.20.060 Apportionment of Compensation Credited to Certain County Funds.

Compensation consisting of the appraised value of Type E right-of-way shall be credited to the County Road Fund. Administrative costs shall be credited to the respective County Departments involved in the processing of the vacation. (Ord. 90-23 § 2 (part), 1990)