Information

Type: Legal Notice

Department: PW - Public Works

Directors' Update: Jan. 29, 2020

Business Meeting: Feb. 3, 2020

Summary:

On April 29, 2019, the Board of County Commissioners (BOCC) passed resolution 19-122, instructing the County Road Engineer to acquire all necessary right of way for the Jackson Hwy South culvert replacement project near Toledo. An offer for the acquisition of additional right of way was made by Lewis County to all property owners of required land. One property owner, Ralland L. and Darlene J. Wallace, had reached an impasse for acquisition of the necessary right of way, and the only available option is to initiate condemnation. RCW 8.25.290 requires that notices and publications be made prior to the BOCC taking final action to authorize condemnation of the properties. This resolution instructs the Public Works Department to proceed with all necessary notifications and publications required by RCW 8.25.290, then report back when requirements are met, at which time, authorization of condemnation will be considered.

Publications: The Chronicle, February 4 & 11, 2020 Lewis County News, February 12 & 19, 2020

Cover Letter To:

Additional Copies To: Tim Fife, Martin Roy, Robin Saline, Rose Williams, Kelly Albert, Tina Hemphill

Resolution

WHEREAS, on April 29, 2019, the Board of County Commissioners (BOCC) passed Resolution 19-122, instructing the County Road Engineer to acquire all necessary right of way for the Jackson Hwy South culvert replacement project; and

WHEREAS, RCW 8.08.010 empowers the County to condemn land for public use when deemed necessary for public purposes; and

WHEREAS, an offer to acquire additional right of way was made to all owners of required land for the project; and

WHEREAS, negotiations have not been successful in acquiring right of way from one property owner; and

WHEREAS, the County and Ralland L. and Darlene J. Wallace have reached an impasse for acquisition of the necessary right of way, and the only available option is to initiate condemnation; and

WHEREAS, RCW 8.25.290 requires that notices and publications be made prior to the BOCC taking final action to authorize condemnation of the properties.

NOW THEREFORE BE IT RESOLVED that the Public Works Department is hereby instructed to proceed with all necessary notifications and publications required by RCW 8.25.290; then report back when requirements are met, at which time, authorization of condemnation for additional right of way for Jackson Hwy South will be considered.

DONE IN OPEN SESSION this 3rd day of February, 2020.