2.116.070 Procedures.
A. Property acquired 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.
C. The County will establish just compensation from the Review Appraiser's estimate of value before negotiation 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 its appraisal process in establishing fair market value for the property to be acquired.
F. Pursuant to RCW 8.26.180, paragraph 9, the County will not leave an uneconomic remnant without offering to acquire said remnant from the owner.
G. The County will give to the owner at the initiation of negotiation a written statement known as the "firm offer letter." That 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 firm 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 firm offer letter will show what portion, if any, of the just compensation is 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.
H. The County will not require the owner or tenant to surrender possession of the property before 90 days after the agreed purchase price has been paid or the approved amount of compensation has been paid into court. The 90-day period 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.
1. The County will provide relocation assistance to an owner or tenant or contract with a qualified organization to perform relocation services.
2. The County will provide full information where relocation assistance may be obtained.
3. A displaced person who makes proper application for a payment authorized for such person by RCW Chapter 8.26 and these regulations shall be paid promptly after a move, or, in hardship cases, be paid in advance.
4. Application for benefits under the Act are to be made within 18 months of the date on which the displaced person moves from the real property acquired or to be acquired; or the date on which the acquiring entity makes final payment of all costs of that real property, whichever is the later date. The head of the state agency or local public body may extend this period upon a proper showing of good cause.
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 expeditiously acquire real property by negotiations without exercising the right of eminent domain. No action will be taken to advance eminent domain proceedings, defer negotiations of such proceedings 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, or the effective date of possession of such real property by the acquiring County, whichever is earlier.
N. The County will comply with RCW 8.25.020 and will pay direct or reimburse the owner for expenses actually and reasonably incurred in the process of evaluating the County's offer to acquire an interest in real property, but not to exceed a total of $200.00.
O. 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.
P. If rodent control should become necessary in the project, the County will make provisions to maintain control or eradicate the rodents.
Q. No owner will be intentionally required to institute legal proceedings to prove the fact of the taking of his real property.
R. 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.