Chapter 2.68 RIGHT-OF-WAY ACQUISITION -- RELOCATION ASSISTANCE

Kitsap County, desiring to acquire real property in accordance with the State Uniform Relocation Assistance and Real Property Acquisition Act (RCW Chapter 8.26) and state regulations (WAC Chapter 365-24), adopts the procedures set forth in this chapter to implement the above statute and Washington Administrative Code regulations.

(Res. 580-1979 A(part), 1979)

2.68.020 Duties designated.

The public works department of Kitsap County is responsible for the real property acquisition and relocation activities on projects administered by Kitsap County. To fulfill the property acquisition-relocation assistance role in development and implementation, the public works department has the following expertise and personnel capabilities and accomplishes these functions under the following procedures:

(1) The Kitsap County engineer administers all activities of the right-of-way section, including support to the prosecuting attorney in litigation, environmental law compliance and the property acquisition programs for the department. The county engineer assures compliance with appropriate Kitsap County ordinances and resolutions, state statutes, rules and regulations which pertain to real property acquisition and relocation assistance.

(2) The director of the department of public works administers all appraisal activities, including estimates of right-of-way costs and appraisals of fair market value to assure that the Kitsap County appraisal process complies with appropriate county and state statutes, laws, rules and regulations. He coordinates and assigns all appraisal work, hires contract (fee) appraisers, maintains permanent files on all appraisals. He 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.

(3) The right-of-way agent in compliance with county, state law and appropriate rules and regulations, gives notice of relocation assistance at the time of or subsequent to initiation of negotiations according to lime limits determined by the funding agency. He prepares letters to property owners explaining entitlements. He prepares appropriate relocation claims. He is knowledgeable in state guidelines for relocation assistance and real property acquisition policies. If the project does not require relocation, he prepares a letter disclaiming necessity to prepare a relocation plan. He prepares relocation assistance program plans for projects requiring relocation assistance and carries out same. The agent makes field inspections of available substitute housing to insure decent, safe and sanitary qualifications. He meets with and interviews all displacees as to their needs, offering services and advice on a continuing basis. The right-of-way agent advises owners of need for a project, of impact upon their property and of their rights under Public Law RCW Chapter 8.26. He reviews project plans, appraisals and instruments for adequacy as to real property considerations. He actively negotiates with owners to acquire real property in conformance with all laws, rules and regulations. He requests condemnation procedure when necessary and sets up escrows and instructions.

(Res. 580-1979 A(part), 1979)

Article 2 – Federal Aid Requirement Checklist

2.68.030 Appraisal – When.

Property acquired by Kitsap County for public works projects will be appraised by a qualified fee appraiser with appropriate appraisal review before initiation of negotiations with the owner.

(Res. 580-1979 B(1), 1979)

2.68.040 Appraisal – Property owner right to accompany.

The Kitsap 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.

(Res. 580-1979 B(2), 1979)

2.68.050 Appraisal – Just compensation – Determination – Payment.

Kitsap Company will establish just compensation from the 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. In an administrative or stipulated settlement, however, payment will not be made by the person who determined the settlement.

(Res. 580-1979 B(3), 1979)

2.68.060 Appraisal – Factors considered.

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

(Res. 580-1979 B(4), 1979)

2.68.070 Appraisal – Relocation assistance not considered.

Kitsap County will not consider relocation assistance benefits in the appraisal process in establishing fair market value for the property to be acquired.

(Res. 580-1979 B(5), 1979)

2.68.080 Acquisition of uneconomic remnant of property.

Pursuant to RCW 8.26.180, Paragraph 9, Kitsap 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.

(Res. 580-1979 B(6), 1979)

2.68.090 Negotiations – Fair offer letter – Acquisition brochure.

Kitsap County will give to the owner at the initiation of negotiation a written statement known as the “fair offer letter.” That statement will be the amount of just compensation based on a review and analysis of an appraisal 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 or 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, Kitsap County will give to the owner an acquisition brochure furnished by the Washington State Department of Transportation.

(Res. 580-1979 B(7), 1979)

2.68.100 Property transfer – Ninety-day notice.

Kitsap 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.

(Res. 580-1979 B(8), 1979)

2.68.110 Relocation assistance – County responsibility.

Kitsap County will provide relocation assistance to an owner or tenant or contract with a qualified organization to perform this service.

(Res. 580-1979 B(9), 1979)

2.68.120 Property rental subsequent to acquisition.

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.

(Res. 580-1979 B(10), 1979)

2.68.130 Coercive action prohibited.

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.

(Res. 580-1979 B(11), 1979)

2.68.140 Buildings located on property.

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.

(Res. 580-1979 B(12), 1979)

2.68.150 Expenses to relinquishing owner – Reimbursement.

Kitsap 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 Kitsap County, or the effective date of possession of such real property by Kitsap County, whichever is the earlier.

(Res. 580-1979 B(13), 1979)

2.68.160 Donation, gift of property to county.

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.

(Res. 580-1979 B(14), 1979)

2.68.170 Rodent control.

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

(Res. 580-1979 B(15), 1979)

2.68.180 Legal proceedings to prove fact of property relinquishment.

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

(Res. 580-1979 B(16), 1979)

Article 3 – Relocation Advisory Program

2.68.190 Guidelines.

Kitsap County, to promote uniform and effective administration of relocation assistance programs, will utilize the Washington State Department of Transportation publication #M26-01(HW) Chapter 12, Right of Way Agents’ Manual, as a guideline in conducting the county’s relocation programs in federal aid projects.

(Res. 580-1979 (part), 1979)

2.68.200 Eligibility – Terms defined.

(a) Relocation assistance advisory services will be provided for persons displaced or for any person occupying property immediately adjacent to real property acquired if such person is caused substantial economic injury because of the acquisition.

(b) Specific definitions for concept of terms used in this chapter will be the same as WAC 365-24-110.

(Res. 580-1979 C(1), 1979)

2.68.210 Services provided.

Advisory services will include such measures, facilities or services necessary or appropriate in order to:

(1) By personal interview, determine the need, if any, of eligible persons for relocation assistance. The displaced person will receive a relocation brochure furnished or approved by the Washington State Department of Transportation;

(2) Provide current and continuing information on the availability, prices, and rental of comparable decent, safe and sanitary sales and rental housing, and of comparable commercial properties and locations for eligible businesses;

(3) Assure that prior to displacement, there will be available, in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, decent, safe and sanitary dwellings, equal in number to the numbers of such displaced persons who require such dwellings and reasonably accessible to their places of employment;

(4) Assist an eligible person displaced from his business or farm operation in obtaining and becoming established in a suitable replacement location;

(5) Provide other advisory services to eligible persons such as counseling and referrals with regard to housing, financing, employment, training, health, welfare and any other assistance which will minimize hardship to such persons in adjusting to relocation.

(Res. 580-1979 C(2), 1979)

2.68.220 Information service.

Relocation assistance advisory services by Kitsap County will be provided to the public. There will be available to the public full information, including a relocation brochure, concerning Kitsap County’s relocation program concerning the project. When appropriate, a relocation assistance office will be located in the vicinity of the project and will be open during hours convenient to persons to be relocated. The county will ensure that all interested parties and persons to be displaced are fully informed, at the earliest possible time, of the specific plans and procedures for assuring that comparable replacement housing will be available for home owners and tenants in advance of displacement; available relocation payments and assistance; the eligibility requirements and procedures for obtaining such payments and assistance; and the right of administrative review by the head of the local public body concerned, as provided by RCW 8.26,130.

(Res. 580-1979 C(3), 1979)

Article 4 – Relocation Assistance Program

2.68.230 Relocation plan, payments, services – Required.

Kitsap County will not proceed with any phase of property acquisition of the project until there is a relocation plan approved by the Washington State Department of Transportation and relocation payments with proper relocation services can be provided in conformance with RCW Chapter 8.26 and WAC Chapter 365-24.

(Res. 580-1979 D(1), 1979)

2.68.240 Notice of eligibility.

Kitsap County will give a written notice of the initiation of negotiation with the owner of the property to be acquired to tenants and other persons occupying such property, advising:

(1) Eligibility for relocation assistance and benefits which could become available after acquisition of the property by Kitsap County can be lost if the owner or any tenant moves either before the property is acquired prior to receiving a written notice to vacate from Kitsap County for its program or project, or otherwise fails to meet the legal requirements for such assistance or benefits.

(2) Kitsap County’s land purchase intentions and plans are subject to change and even cancellation until the acquisition is closed.

(3) Neither the owner nor any tenant will be required to move or make any financial commitment for replacement housing or facilities until he has received a determination from Kitsap County concerning his eligibility and amounts of relocation payments; the requirements which must be satisfied before such payments or benefits, if any, can be provided by Kitsap County if it purchases the property; and until receipt of a written authorization or notice to vacate the premises from Kitsap County.

(4) Tenants and other persons occupying the property shall be given written notice advising as to where they can obtain full information concerning relocation assistance, eligibility for relocation payments and the requirements which must be satisfied before such payments can be made.

(Res. 580-1979 D(2), 1979)

2.68.250 Notice to vacate – Application for benefits.

A written notice to vacate will be given to each individual, family, business, or farm operation to be displaced; and all notices will be served personally or delivered by certified or registered first-class mail.

(1) A displaced person who makes proper application for a payment authorized for such displacement will be paid promptly after a move, or, in hardship cases, will be paid in advance.

(2) Application for benefits are to be made within eighteen months of the date on which the displaced person moves from the real property acquired or to be acquired; or the date on which Kitsap County makes final payment of all costs of that real property, whichever is the later date. Kitsap County may extend this period upon a proper showing of good cause.

(Res. 580-1979 D(3), 1979)

2.68.260 County right to contract for relocation services.

Kitsap County, if it deems necessary, may contract with any state agency, local public body, individual, firm, association or corporation for services in performing a relocation assistance program. All personal service contracts concerning phases of right-of-way acquisition relocation assistance will be forwarded to the Washington State Department of Transportation for prior approval before execution by Kitsap County.

(Res. 580-1979 D(4), 1979)

2.68.270 Relocation payments.

Any displaced person (including one who conducts a business or farm operation) will be eligible to receive a relocation payment for moving expenses. A person who lives on his business or farm property may be eligible for payments for both moving and related expenses as a dwelling occupant, as well as for payments for displacement from a business or farm operation. Payments will be made in accordance with WAC 365-24-410 through WAC 365-24-540, inclusive.

(Res. 580-1979 D(5), 1979)

2.68.280 Replacement housing payment – Eligibility – RCW 8.26.050.

(a) A displaced owner/occupant will be eligible for a replacement housing payment as authorized by RCW 8.26.050 in an amount determined by computation if he meets both of the following requirements:

(1) The displaced owner/occupant actually owned and occupied the acquired dwelling from which he was displaced, for not less than one hundred eighty days prior to the initiation of negotiation for the property; or owned and occupied an acquired dwelling covered or qualified under RCW 8.26.160 from which he was displaced, for not less than one hundred eighty days prior to displacement; and

(2) Purchases and occupies a comparable replacement dwelling which is decent, safe, and sanitary, as defined in WAC 365-24-210(2) and (3), not later than the end of the one-year period beginning on the latest of the following dates:

(A) The date on which he received from Kitsap County the final payment of all costs of the acquired dwelling;

(B) The date on which he is required to move by Kitsap County’s written notice to vacate; or

(C) The date on which he moves from the acquired dwelling if earlier than the date he is required to move by Kitsap County.

(b) Computation of replacement housing payment for an owner/occupant will be made in accordance with WAC 365-24-620.

(Res. 580-1979 D(6), 1979)

2.68.290 Replacement housing payment – Eligibility – RCW 8.26.060.

A displaced tenant, or an owner/occupant of a dwelling for less than one hundred eighty days, will be eligible for a replacement housing payment as authorized by RCW 8.26.060 if he actually and lawfully occupied the dwelling for not less than ninety days prior to the initiation of negotiations for acquisition of the property, or actually occupied the property covered or qualified under RCW 8.26.160 for not less than ninety days prior to displacement.

(Res. 580-1979 D(7), 1979)

2.68.300 Replacement housing payment – Eligibility – Rentals.

An owner/occupant of a dwelling for not less than one hundred eighty days prior to the initiation of negotiations will be eligible for replacement housing payments as a tenant as authorized by RCW 8.26.060 when he rents a decent, safe and sanitary, comparable replacement dwelling (instead of purchasing and occupying such a dwelling) not later than the end of the one-year period beginning on one of the dates noted in subdivision (2) of Section 2.68.280. Computation of replacement housing payments for displaced tenants or an owner/occupant of a dwelling for less than one hundred eighty days will be in accordance with WAC 365-24-720; except that Kitsap County shall determine the amount necessary to acquire a comparable replacement dwelling by analyzing the probable prices or rents of three or more comparable replacement properties.

(Res. 580-1979 D(8), 1979)

2.68.310 Replacement housing payment – Specific computations.

(a) Replacement rental housing payments for displaced owner/occupants who do not qualify for replacement housing payments under WAC 265-24-610 because of the one-hundred-eighty-day occupancy requirement and who elect to rent will be computed in the manner provided in WAC 365-24-720 (1); except that Kitsap County shall determine the amount necessary to rent a comparable property by analyzing the probable rental rates of three or more comparable replacement properties.

(b) Replacement housing payments for displaced owner/occupants who do not qualify for replacement housing payments under WAC 365-24-610 because of the one-hundred-eighty-day occupancy requirement, but who have actually and lawfully occupied for a period of ninety days or more the dwelling unit to be acquired and who elect to purchase a replacement dwelling, shall be computed in the manner provided in WAC 365-24-720(2); except that Kitsap County shall determine the amount necessary to rent a comparable replacement property by analyzing the probable rental rates of three or more comparable replacement properties.

(Res. 580-1979 D(9), 1979)

2.68.320 Grievance – Review authority.

Any person aggrieved by a determination as to his eligibility for, method of determination, or the amount of a payment authorized by RCW Chapter 8.26 or appropriate WAC Chapter 365-24 may have such determination reviewed and reconsidered by the Kitsap County director of public works.

(Res. 580-1979 D(10), 1979)

2.68.330 Grievance – Appeal.

Any person aggrieved by determination as to his eligibility for, method of determination, or the amount of a payment authorized by RCW Chapter 8.26 or appropriate WAC Chapter 365-24 will be allowed to invoke an appeal; provided that, within thirty days following receipt of notification of the rejection of his claim by Kitsap County, he submits to the board of commissioners for Kitsap County a notice of appeal. This will be a written statement of the facts pertinent to the case and including the decision that is in dispute.

(Res. 580-1979 D(11), 1979)

2.68.340 Grievance – Administration of procedures.

In order to insure consistent and uniform administration of the relocation assistance program, Kitsap County will, if necessary, establish an administrative review board for a preliminary review of appeals. In the event the matter cannot be resolved by the administrative review board, Kitsap County will appoint a qualified hearing officer under terms of WAC 365-24-850. His duties will be to administer the appeal of the aggrieved in an impartial and orderly manner in accordance with WAC Chapter 365-24.

(Res. 580-1979 D(12), 1979)