Proposed acquisition of additional right of way for Lincoln Creek Bridge Replacement BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
IN THE MATTER OF:
The proposed acquisition of )
additional right of way for ) RESOLUTION #15- 113
Lincoln Creek Bridge Replacement )
WHEREAS, Lincoln Creek Bridge Mile Post (MP) 11.91 has extensive scouring damage
and the County has received funding to replace the bridge; and
WHEREAS, the bridge replacement project is necessary and will benefit the public; and
WHEREAS, the project will require additional road right of way from two adjacent property
owners; and
WHEREAS, RCW 8.08.010 authorizes counties to acquire property under the threat of
eminent domain when deemed necessary by the Board of County Commissioners; and
WHEREAS, pursuant to the requirements of RCW 8.08, this resolution instructs the
County Road Engineer to acquire right of way as shown on attached Exhibit Map from two
property owners along Lincoln Creek Road for the project.
NOW, THEREFORE, BE IT RESOLVED that the County Road Engineer is instructed to
acquire all necessary right of way and is authorized to sign documents necessary for the
replacement project on Lincoln Creek Road Bridge MP 11.91 in Section 6, Township 14 North,
Range 4 West, W.M., and Section 31, Township 15 North, Range 4 West, W.M., and directs
that all such acquisitions be in accordance with adopted procedure as per Resolution 14-160
and under its eminent domain authority for purposes of real estate excise tax, as per RCW 8.25
and WAC 458-61A-206 (1c), and pursuant to authority and obligations of RCW Title 8, notably
8.08, 8.25 and 8.26.
DONE IN OPEN SESSION this ;✓ day of , 2015.
APPROVED AS T -o- : BOARD OF COUNTY COMMISSIONERS
Jonathan L, Meyer, Pro-ecuting Attorney LEWIS COUNTY, WASHINGTON
(
By: Glenn Ca►er Edna J,, 'u d, Ch.f Amy
Deputy pro Litaag Attorne y s°
/ "Apr
lc
ATTEST: * �`?1 air. Schulte, Vice Chair
Karri Muir, CMC, Clerk of the Lewis Gary Stamper, Commissioner
County Board of County Commissioners
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RCW 8.08.010
Condemnation authorized for general county purposes—Petition.
Every county is hereby authorized and empowered to condemn land and property within the county for public use
whenever the board of county commissioners deems it necessary for county purposes to acquire such land, real
estate, premises or other property, and is unable to agree with the owner or owners thereof for its purchase, it shall
be the duty of the prosecuting attorney to present to the superior court of the county in which said land, real estate,
premises, or other property so sought to be acquired or appropriated shall be situated, a petition in which the land,
real estate, premises, or other property sought to be appropriated shall be described with reasonable certainty, and
setting forth the name of each and every owner, encumbrancer, or other person or party interested in the same, or
any part thereof, so far as the same can be ascertained from the public records,the object for which the land is
sought to be appropriated, and praying that a jury be impaneled to ascertain and determine the compensation to be
made in money to such owner or owners respectively, and to all tenants, encumbrancers, or others interested, for
taking such lands, real estate, premises, or other property, or in case a jury be waived, as in other civil cases in
courts of record, in the manner prescribed by law, then that the compensation to be made as aforesaid be
ascertained or determined by the court or the judge thereof.
WAC 458-61A-206 Agency filings affecting this section
Condemnation proceedings.
(1)Introduction.Transfers of real property to a governmental entity under an imminent threat of the exercise of eminent
domain, a court judgment or settlement with a governmental entity based upon a claim of inverse condemnation,or as a result of the
actual exercise of eminent domain, are not subject to the real estate excise tax.
(2)Transfer must be to a governmental entity.To qualify for this exemption,the threat of condemnation or the exercise of
eminent domain must be made by a governmental entity with the actual power to exercise eminent domain.
(3)Threat to exercise eminent domain must be imminent.To qualify for this exemption,the governmental entity must have
either filed condemnation proceedings against the seller/grantee;or:
(a)The governmental entity must have notified the seller in writing of its intent to exercise its power of eminent domain prior to
the sale;and
(b)The governmental entity must have the present ability and authority to use its power of eminent domain against the subject
property at the time of sale;and
(c)The governmental entity must have specific statutory authority authorizing its power of eminent domain for property under
the conditions presented.
(4)Inverse condemnation. Inverse condemnation occurs when the government constructively takes real property even
though formal eminent domain proceedings are not actually taken against the subject property.The seller must have a judgment
against the governmental entity, or a court approved settlement, based upon inverse condemnation to claim the exemption.
(5)Examples.The following examples,while not exhaustive, illustrate some of the circumstances in which a sale to a
governmental entity may or may not be exempt on the basis of condemnation or threat of eminent domain.The status of each
situation must be determined after a review of all the facts and circumstances.
(a)The Jazz Port school district wants to purchase property for a new school.An election has been held to authorize the use of
public funds for the purchase,and the general area for the site has been chosen. In order to proceed,the district will need to obtain
a five-acre parcel owned by the Fairwood family.The district has been granted authority to obtain property by the use of eminent
domain if required.The district has notified the Fairwoods in writing of its intention to exercise its powers of eminent domain if
necessary to obtain the land.The Fairwoods, rather than allowing the matter to proceed to court,agree to sell the parcel to the Jazz
Port district.The school district will use the parcel for construction of the new school.The conveyance from the Fairwoods to Jazz
Port school district is exempt from real estate excise tax because the transfer was made under the imminent threat of the exercise of
eminent domain.
(b)The Sonata City Parks Department has the authority to obtain land for possible future development of parks.The
department would like to obtain waterfront property for preservation and future development.They approach Frankie and Chaz
Friendly with an offer to purchase the Friendlys'20-acre waterfront parcel.The Parks Department does not have a current
appropriation for actual construction of a park on the site,and the City Council has not specifically authorized an exercise of eminent
domain to obtain the subject property.The conveyance from the Friendlys to the city is subject to the real estate excise tax, because
the transfer was not made under the imminent threat of the exercise of eminent domain.
[Statutory Authority: RCW 82.45.150,82.32.300, and 82.01.060.WSR 14-06-060, §458-61A-206,filed 2/28/14,effective 3/31/14.
Statutory Authority:RCW 82.32.300, 82.01.060(2),and 82.45.150.WSR 05-23-093,§458-61A-206,filed 11/16/05,effective
12/17/05.]
rEXcIve Summary
BOCC Meeting Date:
2015-06-15
Contact:
Tim Elsea
Department:
Public Works
Wording
The proposed acquisition of additional right of way for Lincoln Creek Bridge Replacement.
Description
Lincoln Creek Bridge Mile Post (MP) 11.91 has extensive scouring damage and the County has
received funding to replace the bridge. The project will require additional right of way from two
property owners. RCW 8.08.010 authorizes Counties to acquire property under the threat of eminent
domain when deemed necessary by the Board of County Commissioners. Pursuant to the
requirements of RCW 8.08, this resolution instructs the County Engineer to acquire right of way from
two property owners along Lincoln Creek Road for the project. All such acquisitions shall be in
accordance with adopted procedures as per Resolution 14-160 and under its eminent domain
authority for purposes of real estate excise tax, as per RCW 8.25 and WAC 458-61A-206(1C), and
pursuant to authority and obligations of RCW title 8, notably 8.08, 8.25 and 8.26.
Recommendation
Other
BOCC AGENDA ITEM SUMMARY
Resolution #: 5' (5 BOCC Meeting Date: Jun 15, 2015
Suggested Wording for Agenda Item: Agenda Type: Consent
The proposed acquisition of additional right of way for Lincoln Creek Bridge Replacement.
Brief Reason for BOCC Action:
Resolution authorizes acquisition of additional right of way for Lincoln Creek Bridge Replacement.
RECEIVED
Submitted By: Albert, Kelly Phone: 2697
Date Submitted: May 28, 2015 JUN 0 4 2015
Contact Person Who Will Attend BOCC Meeting: Tim Elsea
Action Needed: Approve Resolution LEWIS CO. PROS. ATTY.
Publication Requirements:
Hearing Date:
Publications:
Publication Dates:
Approvals:
User Group Status
Elsea, Tim Public Works Pending
Muir, Karri BOCC Pending
Carter, Glenn Prosecutor Pending zr-
Additional Copies
Tim Elsea,Larry Unzelman,Kim Amrine,Kelly Albert