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HOUSE BILL 1678
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State of Washington57th Legislature2001 Regular Session
By Representatives Fisher, Mitchell and Poulsen; by request of The Blue Ribbon Commission on Transportation
Read first time 01/31/2001. Referred to Committee on Transportation.
AN ACT Relating to advance right-of-way acquisition; and adding new sections to chapter 47.26 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 47.26 RCW to read as follows:
The term "advance right-of-way acquisition" as used in this chapter means the acquisition of property and property rights, generally not more than ten years in advance of programmed roadway construction projects, together with the engineering costs necessary for the advance right-of-way acquisition. Property or property rights purchased must be in designated arterial transportation corridors as established in RCW 47.26.090 and be for projects approved by the transportation improvement board or the county road administration board as part of a city or county six-year plan or program.
NEW SECTION. Sec. 2. A new section is added to chapter 47.26 RCW to read as follows:
The city and county advance right-of-way revolving fund is created in the custody of the treasurer. The transportation improvement board is the administrator of the fund and may deposit directly and spend without appropriation:
(1) An initial deposit of five million dollars from the motor vehicle fund included in the transportation improvement board's 2001-2003 budget;
(2) Any federal moneys available for acquisition of right-of-way for future construction.
The board shall distribute the funds to cities and counties approved for advance right-of-way acquisition funding. The board shall adopt reasonable rules and develop policies to implement this program. Funding distributions are subject to RCW 47.26.270.
NEW SECTION. Sec. 3. A new section is added to chapter 47.26 RCW to read as follows:
(1) After any properties or property rights are acquired through funds in the city and county advance right-of-way revolving fund, the acquiring city or county is responsible for the management of the properties in accordance with sound business practices and shall provide annual status reports to the board. Funds received by the city or county from the interim management of the properties must be deposited into the city and county advance right-of-way revolving fund.
(2) When the city or county proceeds with the construction of an arterial project that will require the use of any of the property so acquired, the city or county shall reimburse the city and county advance right-of-way revolving fund from other funds available to the city or county. Project matching funds required by the board cannot be credited against this reimbursement amount nor may any other funding awarded by the board apply to this reimbursement. Reimbursement must reflect the current appraised value of the property or property rights required for the project together with damages caused to the remainder by the acquisition after offsetting against all such compensation and damages the special benefits, if any, accruing to the remainder by reason of the arterial being constructed.
(3) When the city or county determines that any properties or property rights acquired from funds in the city and county advance right-of-way revolving fund will not be required for an arterial construction project, the city or county may sell the property at fair market value. All proceeds of the sale must be deposited in the city and county advance right-of-way revolving fund.
(4) Deposits in the fund may be reexpended without further or additional appropriations.
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