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CONSULTANT/
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DEVELOPMENT
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PROJECTS
RIGHT OF WAY
SURVEY
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Previously
known as Right of Way, this division is the keeper of road files,
deeds, plans, and related records for documentation verifying county
ownership of right of way width. We process road vacations which release
the county’s interest in right of way which is not being used.
We also issue Access Permits for the private use of right of way when
appropriate.
We are responsible for the
acquisition of properties and property rights necessary for county projects.
We also process applications for Utility Franchise which enables utilities
to receive permits to use the county right of way.
When the County Needs Your Property...
A Right-of-Way Road Map
Acquiring public right-of-way
can be a tough road to travel...
We live in one of the
fastest-growing counties in Washington. As Thurston County's population
grows, we've got to keep pace by improving outdated and unsafe roads,
replacing old bridges, and upgrading the county road system.
In some cases these improvements can be made in the existing county
right-of-way. In other cases the county needs to purchase
more land from people who live along the existing or proposed road.
We wish that we could improve our county's road system with no impact
or inconvenience to any of our citizens. Unfortunately, the best
we can do is to work closely with you to lessen the impacts and give
you fair market value for your property.
We hope this right-of-way
"road map" will help you understand how road projects are developed
and what happens when the county needs your property. We encourage
as much participation from you as possible to make sure that both your
and our needs are met.
If you have any questions or concerns,
please call us at (360) 754-4998. Callers with hearing
impairments may call the county's TDD line at (360) 754-2933.
We want to make the road ahead as smooth as possible.
STARTING OUT
What is Right-of-Way?
Right-of-Way is publicly owned land for transportation purposes.
The public owns right-of-way along much of the county's road system.
However, in places where there is no right-of-way or there isn't enough
room for improvements, the county often purchases more land.
Why do you need my
property?
As Thurston County's population continues to grow,
the number of vehicles using county roads increases. Many of our
roads are old trails or horse and buggy roads that follow the existing
contours of the land. The sags, dips and curves in these roads
are hazardous to the growing numbers of drivers and pedestrians using
them.
Other road problems that need attention include:
No shoulders for emergency use and pedestrian or bicycle traffic.
Steep ditches with no recovery zone for vehicles.
Obstacles such
as vegetation, power poles and signs too close to traffic lanes.
Narrow underpasses.
Old, narrow bridges made for horses and buggies,
not cars and trucks.
Flooding caused by poor drainage.
Busy intersections
without signals or turn lanes.
How much right-of-way
will you need?
The county begins a road improvement project
by carefully examining the proposed site -- studying traffic and accident
histories, testing the soil, surveying the surrounding area, identifying
potential environmental impacts, and weighing the costs of different
designs. A right-of-way plan is developed after considering
these factors and talking to property owners at a public information
meeting. To minimize the impact on you and the costs to taxpayers,
the county tries to acquire as little land as possible.
Will I have a chance to comment on the right-of-way plan?
Yes. The county will present a right-of-way proposal to property
owners. All potentially affected property owners are notified
and encouraged to comment on the right-of-way plan.
Home
SITES ALONG THE WAY
How will you determine
my property's worth?
The county will arrange to have your
property appraised to find its "fair market value" -- that is, the amount
of money that would be paid for the property by a willing and informed
buyer, who does not have to buy, to a willing and informed seller, who
does not have to sell. The appraisal is based largely on the sales
of similar nearby properties.
Who does the appraisal?
Your property will be appraised by the county or a state-certified appraiser
hired by the county. In both cases the appraiser is a professional
with considerable training, experience and knowledge of property sales
in your area.
Can I talk to the appraiser?
Yes. We encourage you to give the appraiser any information that might
have a bearing on your property's worth. The appraiser will tell you
when he or she expected to visit your property and will try to schedule
the inspection when you will be there. Appraisers are trained
to know what to look for, but without your help and cooperation, it
is possible to overlook an important item.
What will
the county pay for?
Compensation may include the fair market
value for land, buildings and other improvements to the property being
purchased. It also may include any loss in fair market value (damages)
on any portion of the property that remains. If the remaining
portion of property is too small or of such a shape that it has little
or no value or utility, it is called an "uneconomic remnant."
The county will offer to buy this remnant from you.
How
will the county make its offer?
A county right-of-way agent
will deliver or mail you a written offer for your property.
The agent will then work with you to answer any questions about the
offer.
What happens if I accept the county's offer?
The agent will handle all the details of the sale, including preparing
the deed and real property voucher, and clearing title to the property.
You may meet with the right-of-way agent several times to prepare and
sign all the necessary documents.
As with any property sale, this
process can be lengthy and confusing. Please call the agent whenever
you have questions about the sale. The agent's job is to handle
your concerns and help the purchase happen as smoothly as possible.
Who pays the selling costs?
When the county
buys your property, we pay all the costs of the sale, including the
recording and escrow fees, the title insurance premium and other normal
expenses. You will not pay a real estate commission.
If you sold to a private buyer, the closing costs and commission could
lower your profits on the sale of your property.
When
will I receive the money?
Payment is usually made within
30 days after the title is cleared. Thurston County Public Works
will send you a check, which is processed through the county Auditor's
Office. The county cannot become the legal property owner until
payment is made.
Will I have to pay capital gains tax
on the profits?
You will be required to provide information
on the transaction to the county so that we can complete IRS Form 1099-S.
Because tax laws change frequently, we recommend that you check with
the Internal Revenue Service, a tax consultant or your attorney about
current capital gains tax laws.
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CURVES IN THE ROAD
What if I have to move?
In the few cases where a county road project requires someone to move,
Thurston County follows the state and federal guidelines for relocation
assistance. We will contact a representative of the Washington
State Department of Transportation's Relocation Section to help you.
Please call Thurston County Public Works (360) 754-4998 for a brochure
on the state's Relocation Assistance Program.
What if I feel the
county's offer is too low?
Explain to the right-of-way agent
why you believe that you should receive a higher settlement. Point
out any items of value that you think the appraiser overlooked.
The
agent will give you the opportunity to get your own appraisal or ask
someone with knowledge of real estate values to help evaluate the county's
offer. As per RCW 8.25.020, the county will reimburse you for
up to $750 of the evaluation cost, upon presentation of the bill or
paid receipt.
After reviewing the evaluation and the information
that supports it, the county right-of-way agent may give you a revised
offer.
Can I prevent my property
from being acquired?
Our state constitution grants counties
the right of "eminent domain," or the right to acquire property for
public use upon payment of "just compensation." Without this right,
the county could not meet public needs for roads and other public facilities.
However, the county must prove to the court why your property is needed
for a public purpose, and the county will fairly compensate you for
the property that you give up.
What if we can't agree
on a price?
The law safeguards you, as the owner, from receiving
less than the fair market value for you property. But it also
prevents the county from making payments that would be unfair to the
taxpayers funding the project.
if the county cannot agree with you
on a purchase price, a legal action to acquire the property by eminent
domain will be filed.
What happens if I go
to court?
We recommend that you hire an attorney familiar
with eminent domain to represent you. You also may employ
expert witnesses to support your position. The Thurston County
Prosecuting Attorney's Office will represent the county.
Trials are
normally held in Thurston County Superior Court and are tried before
a jury, unless you waive the right to a jury trial. The verdict
is binding on both parties unless there is a valid basis for an appeal.
Can I recover any of
the trial costs?
Under certain conditions, the court may
set an amount that the county must pay to reimburse a property owner
for attorney and witness fees. Generally, to receive such an award,
the owner must grant immediate possession and use of the property and
receive a verdict that exceeds by 10 percent or more the highest offer
made by the county at least 30 days before trial. You should consult
with your attorney before the trail about recovering attorney and witness
fees. Home
THE END OF THE ROAD
This "road map" gives an overview
of the right-of-way acquisition process. It can be a long and complicated
journey, and we encourage you to ask questions and get more details
about how this process applies to you and your property. For more
information, please contact:
Pam Dittloff, SR/WA
Thurston County Public Works
2404 Heritage Court SW
Olympia, WA 98502
(360) 786-5132
TDD
line: (360) 754-2933
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