Proposed changes to adopted right of way acquisition procedures BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 20-149
PROPOSED CHANGES TO ADOPTED RIGHT OF WAY
ACQUISITION PROCEDURES
WHEREAS, when acquiring road right of way, Lewis County follows procedures
approved by the Washington State Department of Transportation (WSDOT) that are in
accordance with Federal Highway Administration (FHWA) and WSDOT regulations; and
WHEREAS, on November 13, 2017, the Board of County Commissioners (BOCC) of
Lewis County, by resolution 17-336, adopted procedural guidelines for right of way
acquisition by the Public Works Department, which were subsequently approved by
WSDOT; and
WHEREAS, changes in the organization of the Public Works Department require that
the procedures be updated; and
WHEREAS, updated procedures are shown on the attached Exhibit A.
NOW THEREFORE BE IT RESOLVED that the acquisition procedures adopted
November 13, 2017, are hereby replaced by those specified in attached Exhibit A.
DONE IN OPEN SESSION this 4th day of May, 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Kevin McDowell Gary Stamper
By: Kevin McDowell, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: ' "VTY"•' Edna J . Fund
'"'A.Edna J. Fund, Vice Chair
g45 >.
Rieva Lester Robert C . Jackson
Rieva Lester, Robert C. Jackson, Commissioner
Clerk of the Lewis County Board of County
Commissioners
a= r
Lewis County Right of Way Acquisition Procedures Exhibit A
Survey
Researches road records and other available documents for existing right of way(r/w)data.Performs fieldwork
as necessary to determine right of way alignment and width,and gathers topographical data.
r/w foot print requirements received from Design Engineering regarding right of way needs for the project.
Creates Right of Way Plan and forwards to Property Management.Order title reports.
Real Estate Services Manager,County Engineer or Asst.Co. Engineer& Sr.Engineer Survey
Review r/w plan,and when in accepted form,sign off.
ir
Board of County Commissioners
Decision required-acquisition under the threat of eminent domain,or a non-eminent domain matter.
Resolution of intent to establish road change,or for smaller projects resolution to acquire additional r/w.
ir
Real Estate Services/Property Management
Mails r/w plans to affected property owners providing opportunity for comment.
Survey stakes elements of r/w maps for owner and appraiser.
•
Real Estate Services I Property Management
Appraisals and Review Appraisals for parcels with estimated values over$25,000 or those considered
to be complex appraisals.Review Appraisers must be licensed and WSDOT approved.
Administrative Offer Summaries for those uncomplicated valuations of properties with values less
than$25,000.
If Relocation is ► WSDOT or Consultant
reauired
•
Real Estate Services/Property Management
Prepares offer letters,agreement,deeds/easements,Offer letter must include statutory(RCW 8.25.020)requirement
to reimburse for professional evaluation of offer.
Also include eminent domain language when applicable. Signed by Co.Engineer or Asst.Co Engineer.Minimum
offer amount$500.00.Review and assess the need of a partial reconveyance on purchases.
Real Estate Services I Property Management
R/W Agent delivers offer to property owner and
continues to negotiate.
4, 0 If accepted
Public works Director If not
May allow up to$5,000 above offer based on basis of 4 accepted
legitimate areas of disagreement.
1 O. If accepted
Board of County Commissioners If not
Administrative settlement by majority vote, 44 accepted
considering recommendation by Public Works
Department and best interests of the public.
► If accepted
4, 0.
If not accepted&
If not accepted& offer not made
Prosecuting Attorney under eminent
Condemnation initiated by resolution of the Board it is an Eminent domain threat,
I Domain matter
discontinue.
1/
If not accepted
continue negotiation O. If accepted
through condemnation
ir
Real Estate Services/Property Management
► Clears title of unacceptable encumbrances when
necessary.Records all appropriate documents.
Real Estate Services I Property Management
Schedule N attached to ECS and filed with WSDOT
if any early acquisition was done.
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: May 4, 2020
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Proposed changes to adopted right of way acquisition procedures
Contact: Martin Roy Phone: 360-740-1183
Department: PW - Public Works
Description:
When acquiring road right of way, Lewis County follows procedures approved by the Washington
State Department of Transportation (WSDOT) that are in accordance with Federal Highway
Administration (FHWA) and WSDOT regulations. On November 13, 2017, the Board of County
Commissioners of Lewis County, by resolution 17-336, adopted procedural guidelines for right of
way acquisition by the Public Works Department, which were subsequently approved by WSDOT.
Changes to the organization within the Public Works Department require that the procedures now
be updated. The updated procedures are shown on the attached Exhibit A. This resolution approves
the replacement of the acquisition procedures adopted November 13, 2017 with those specified in
attached Exhibit A. Once approved, the updated procedures will be submitted to WSDOT for review
and approval.
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Approved
Additional Copies: Cover Letter To:
Martin Roy, Tina Hemphill, Robin Saline, Rose
Williams, PW