reglab/housing_qa huggingface dataset:
WA Rev Code § 8.25.220 (2021)
2021 Revised Code of Washington|Title 8 - Eminent Domain|Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings.|8.25.220 - Special benefits to remaining property—Options—Election by owner—Consent to creation of lien.

RCW 8.25.220 Special benefits to remaining property—Options—Election by owner—Consent to creation of lien.Whenever land, real estate, premises or other property is to be taken or damaged for a highway, road, or street and the amount offered as just compensation includes a setoff in recognition of special benefits accruing to a remainder portion of the property the property owner shall elect one of the following options:(1) Trial on the question of just compensation which shall finally determine the amount of just compensation; or(2) Acceptance of the offered amount as a final determination of just compensation; or(3) Demand the full amount of the fair market value of any property taken plus the amount of damages if any caused by such acquisition to a remainder of the property without offsetting the amount of any special benefits accruing to a remainder of the property as those several amounts are agreed to by the parties; or(4) Demand a trial before a jury unless jury be waived to establish the fair market value of any property taken and the amount of damages if any caused by such acquisition to a remainder of the property without offsetting the amount of any special benefits accruing to a remainder of the property.The selection of the option set forth in subsections (3) or (4) of this section is subject to the consent by the property owner to the creation and recording of a lien against the remainder in the amount of the fair market value of any property taken plus the amount of damages caused by such acquisition to the remainder of the property without offsetting the amount of any special benefits accruing to a remainder of the property, plus interest as it accrues.[ 1974 ex.s. c 79 § 2.]
WA Rev Code § 8.25.230 (2021)
2021 Revised Code of Washington|Title 8 - Eminent Domain|Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings.|8.25.230 - Special benefits to remaining property—Satisfaction or release of lien—Trial—Expiration of lien by operation of law.

RCW 8.25.230 Special benefits to remaining property—Satisfaction or release of lien—Trial—Expiration of lien by operation of law.A lien established as provided in RCW 8.25.220 shall be satisfied or released by:(1) Agreement between the parties to that effect; or(2) Payment of the lien amount plus interest at the rate of five percent per annum; or(3) Payment of the amount of offsetting special benefits as established pursuant to RCW 8.25.220(3) plus interest at the rate of five percent per annum within four years of the date of acquisition; or(4) Satisfaction of a judgment lien entered as a result of a trial before a jury unless jury be waived to establish the change in value of the remainder of the original parcel because of the construction of the project involved: PROVIDED, That if the result of the trial is to find no special benefits then the lien is extinguished by operation of law. Trial may be had on the petition of any party to the superior court of the county wherein the subject remainder lies after notice of intent to try the matter of special benefits has been served on all persons having an interest in the subject remainder. Such notice shall be filed with the clerk of the superior court and personally served upon all persons having an interest in the subject remainder. Filing a notice of intent to try the matter of special benefits shall be accompanied by a fee in the amount paid when filing a petition in condemnation.(5) Upon expiration of six years time from the date of acquisition without commencement of proceedings to foreclose the lien or try the matter of special benefits to the remainder of the property, the lien shall terminate by operation of law.[ 1974 ex.s. c 79 § 3.]
WA Rev Code § 8.25.240 (2021)
2021 Revised Code of Washington|Title 8 - Eminent Domain|Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings.|8.25.240 - Special benefits to remaining property—Judgment—Maximum amounts—Offsets—Interest.

RCW 8.25.240 Special benefits to remaining property—Judgment—Maximum amounts—Offsets—Interest.A judgment entered as a result of a trial on the matter of special benefits shall not exceed the previously established sum of (1) the fair market value of any property taken; (2) the amount of damages if any to a remainder of the property, without offsetting against either of them the amount of any special benefits accruing to a remainder of the property; (3) the interest at five percent per annum accrued thereon to the date of entry of the judgment.[ 1974 ex.s. c 79 § 4.]
WA Rev Code § 8.25.250 (2021)
2021 Revised Code of Washington|Title 8 - Eminent Domain|Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings.|8.25.250 - Special benefits to remaining property—Attorney fees—Witness fees.

RCW 8.25.250 Special benefits to remaining property—Attorney fees—Witness fees.Attorney fees and expert witness fees of the condemnee may be allowed by the attorney general or other attorney representing a condemnor to the extent provided in RCW 8.25.070 and shall be awarded by the court as authorized by this section to the extent provided in RCW 8.25.070 for trial and trial preparation: (1) In the event a trial is held as authorized by RCW 8.25.220 except the judgment awarded to the condemnor must exceed by ten percent or more the highest written offer in settlement of the issue to be determined by trial submitted by the condemnor to those condemnees appearing in the action at least thirty days prior to commencement of the trial; (2) in the event of a trial on the matter of special benefits as authorized by RCW 8.25.230(4) except the judgment awarded to the condemnor must be no more than ninety percent of the lowest written offer in settlement submitted by the condemnor to the condemnees appearing in the action at least thirty days prior to commencement of the trial on the matter of special benefits.[ 1974 ex.s. c 79 § 5.]
WA Rev Code § 8.25.260 (2021)
2021 Revised Code of Washington|Title 8 - Eminent Domain|Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings.|8.25.260 - Special benefits to remaining property—Lien foreclosure proceedings—Stay.

RCW 8.25.260 Special benefits to remaining property—Lien foreclosure proceedings—Stay.A condemnor may foreclose the lien authorized by RCW 8.25.220 by bringing an action and applying for summary judgment pursuant to civil rule 56 and may execute first upon the remainder property but such proceedings shall not be commenced before five years time has passed from the date of acquisition by the condemnor. A property owner may stay proceedings to enforce the lien authorized by RCW 8.25.220 by commencement of an action to try the matter of special benefits.[ 1974 ex.s. c 79 § 6.]
WA Rev Code § 8.25.270 (2021)
2021 Revised Code of Washington|Title 8 - Eminent Domain|Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings.|8.25.270 - Appointment of guardian ad litem for minors, alleged incapacitated persons—Protection of interests.

RCW 8.25.270 Appointment of guardian ad litem for minors, alleged incapacitated persons—Protection of interests.When it appears in any petition or otherwise at any time during the proceedings for condemnation brought pursuant to chapters 8.04, 8.08, 8.12, 8.16, 8.20, and 8.24 RCW that any minor, or alleged incapacitated person is interested in any property that is to be taken or damaged, the court shall appoint a guardian ad litem for the minor or alleged incapacitated person to appear and assist in the person's defense, unless a guardian or limited guardian has previously been appointed, in which case the duty to appear and assist shall be delegated to the properly qualified guardian or limited guardian. The court shall make such orders or decrees as it shall deem necessary to protect and secure the interest of the minor or alleged incapacitated person.[ 1996 c 249 § 6; 1977 ex.s. c 80 § 12.]NOTES:Intent—1996 c 249: See note following RCW 2.56.030.Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
WA Rev Code § 8.25.280 (2021)
2021 Revised Code of Washington|Title 8 - Eminent Domain|Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings.|8.25.280 - Valuation of public water systems.

RCW 8.25.280 Valuation of public water systems.Consistent with standard appraisal practices, the valuation of a public water system as defined in RCW 70A.125.010 shall reflect the cost of system improvements necessary to comply with health and safety rules of the state board of health and applicable regulations developed under chapter 43.20, 43.20A, or 70A.100 RCW.[ 2021 c 65 § 9; 1990 c 133 § 9.]NOTES:Explanatory statement—2021 c 65: See note following RCW 53.54.030.Findings—Severability—1990 c 133: See notes following RCW 36.94.140.
WA Rev Code § 8.26.010 (2021)
2021 Revised Code of Washington|Title 8 - Eminent Domain|Chapter 8.26 - Relocation Assistance—Real Property Acquisition Policy.|8.26.010 - Purposes—Applicability.

RCW 8.26.010 Purposes—Applicability.(1) The purposes of this chapter are:(a) To establish a uniform policy for the fair and equitable treatment of persons displaced as a direct result of public works programs of the state and local governments in order that such persons shall not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole and to minimize the hardship of displacement on such persons;(b) To encourage and expedite the acquisition of real property for public works programs by agreements with owners, to reduce litigation and relieve congestion in the courts, to assure consistent treatment for owners affected by state and local programs, and to promote public confidence in state and local land acquisition practices;(c) To require the state, local public agencies, and other persons who have the authority to acquire property by eminent domain under state law to comply with the provisions of chapter 213, Laws of 2017 in order to assure the fair and equitable treatment of all persons and property owners impacted by public projects.(2) Any determination by the head of a state agency or local public agency administering a program or project as to payments under this chapter is subject to review pursuant to chapter 34.05 RCW; otherwise, no provision of this chapter may be construed to give any person a cause of action in any court.(3) Unless otherwise prohibited by law, any state or local public agency providing a grant, loan, or matching funds for any program or project that displaces persons who are eligible for relocation assistance under this chapter may not limit, restrict, or otherwise prohibit grant, loan, or matching fund money from being used for any required relocation assistance payments.(4) The governing body of any local public agency may elect not to comply with the provisions of RCW 8.26.035 through 8.26.115 in connection with a program or project not receiving federal financial assistance initiated on or before December 31, 2017.(5) Nothing in this chapter may be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately before March 16, 1988.[ 2017 c 213 § 1; 1988 c 90 § 1; 1971 ex.s. c 240 § 1.]NOTES:Section captions—1988 c 90: "Section captions and part divisions in this act do not constitute any part of the law." [ 1988 c 90 § 19.]
WA Rev Code § 8.26.035 (2021)
2021 Revised Code of Washington|Title 8 - Eminent Domain|Chapter 8.26 - Relocation Assistance—Real Property Acquisition Policy.|8.26.035 - Payment for moving and related expenses.

RCW 8.26.035 Payment for moving and related expenses.(1) Whenever a program or project to be undertaken by a displacing agency will result in the displacement of any person, the displacing agency shall provide for the payment to the displaced person of:(a) Actual reasonable expenses in moving himself or herself, or his or her family, business, farm operation, or other personal property;(b) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate the property, in accordance with criteria established by the lead agency;(c) Actual reasonable expenses in searching for a replacement business or farm; and(d) Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site, in accordance with criteria established by the lead agency, but not to exceed fifty thousand dollars or the dollar amount allowed under 42 U.S.C. Sec. 4622 as it existed on July 23, 2017, or such subsequent date as may be provided by the displacing agency by rule or regulation, consistent with the purposes of this section, whichever is greater.(2) A displaced person eligible for payments under subsection (1) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (1) of this section may receive an expense and dislocation allowance determined according to a schedule established by the lead agency.(3) A displaced person eligible for payments under subsection (1) of this section who is displaced from the person's place of business or farm operation and who is eligible under criteria established by the lead agency may elect to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (1) of this section. The payment shall consist of a fixed payment in an amount to be determined according to criteria established by the lead agency, except that the payment shall be not less than the dollar amount allowed under 42 U.S.C. Sec. 4622 as it existed on July 23, 2017, or such subsequent date as may be provided by the displacing agency by rule or regulation, consistent with the purposes of this section. A person whose sole business at the displacement dwelling is the rental of that property to others does not qualify for a payment under this subsection.[ 2017 c 12 § 1; 2003 c 357 § 1; 1988 c 90 § 3.]NOTES:Section captions—1988 c 90: See note following RCW 8.26.010.
WA Rev Code § 8.26.045 (2021)
2021 Revised Code of Washington|Title 8 - Eminent Domain|Chapter 8.26 - Relocation Assistance—Real Property Acquisition Policy.|8.26.045 - Payment for replacement housing for homeowners.

RCW 8.26.045 Payment for replacement housing for homeowners.(1) In addition to payments otherwise authorized by this chapter, the displacing agency shall make an additional payment, not in excess of the dollar amount allowed under 42 U.S.C. Sec. 4623 as it existed on July 23, 2017, or such subsequent date as may be provided by the displacing agency by rule or regulation, consistent with the purposes of this section, to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for not less than ninety days immediately before the initiation of negotiations for the acquisition of the property. The additional payment shall include the following elements:(a) The amount, if any, that when added to the acquisition cost of the dwelling acquired by the displacing agency, equals the reasonable and necessary cost of a comparable replacement dwelling;(b) The amount, if any, that will compensate the displaced person for any increased mortgage interest costs and other debt service costs that the person is required to pay for financing the acquisition of any such comparable replacement dwelling. This amount shall be paid only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage that was a valid lien on the dwelling for not less than one hundred and eighty days immediately before the initiation of negotiations for the acquisition of the dwelling;(c) Reasonable expenses incurred by the displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.(2) The additional payment authorized by this section shall be made only to a displaced person who purchases and occupies a decent, safe, and sanitary replacement dwelling within one year after the date on which the person receives final payment from the displacing agency for the acquired dwelling or the date on which the obligation of the displacing agency under RCW 8.26.075 is met, whichever date is later, except that the displacing agency may extend the period for good cause. If the period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within one year of that date.[ 2017 c 12 § 2; 1988 c 90 § 4.]NOTES:Section captions—1988 c 90: See note following RCW 8.26.010.
WA Rev Code § 8.26.055 (2021)
2021 Revised Code of Washington|Title 8 - Eminent Domain|Chapter 8.26 - Relocation Assistance—Real Property Acquisition Policy.|8.26.055 - Payment for replacement housing for tenants and others.

RCW 8.26.055 Payment for replacement housing for tenants and others.(1) In addition to amounts otherwise authorized by this chapter, a displacing agency shall make a payment to or for a displaced person displaced from a dwelling not eligible to receive a payment under RCW 8.26.045 if the dwelling was actually and lawfully occupied by the displaced person for not less than ninety days immediately before (a) the initiation of negotiations for acquisition of the dwelling, or (b) in any case in which displacement is not a direct result of acquisition, such other event as the lead agency prescribes. The payment shall consist of the amount necessary to enable the person to lease or rent for a period not to exceed forty-two months, a comparable replacement dwelling, but not to exceed the dollar amount allowed under 42 U.S.C. Sec. 4624 as it existed on July 23, 2017, or such subsequent date as may be provided by the displacing agency by rule or regulation, consistent with the purposes of this section. At the discretion of the displacing agency, a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low-income displaced person for a comparable replacement dwelling shall take into account the person's income.(2) A person eligible for a payment under subsection (1) of this section may elect to apply the payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe, and sanitary replacement dwelling. The person may, at the discretion of the displacing agency, be eligible under this subsection for the maximum payment allowed under subsection (1) of this section.[ 2017 c 12 § 3; 1988 c 90 § 5.]NOTES:Section captions—1988 c 90: See note following RCW 8.26.010.
WA Rev Code § 8.26.065 (2021)
2021 Revised Code of Washington|Title 8 - Eminent Domain|Chapter 8.26 - Relocation Assistance—Real Property Acquisition Policy.|8.26.065 - Relocation assistance advisory services.

RCW 8.26.065 Relocation assistance advisory services.(1) Programs or projects undertaken by a displacing agency shall be planned in a manner that (a) recognizes, at an early stage in the planning of the programs or projects and before the commencement of any actions that will cause displacements, the problems associated with the displacement of individuals, families, businesses, and farm operations, and (b) provides for the resolution of the problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion.(2) Displacing agencies shall ensure that the relocation assistance advisory services described in subsection (3) of this section are made available to all persons displaced by the agency. If the agency determines that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result thereof, the agency may make available to the person the advisory services.(3) Each relocation assistance advisory program required by subsection (2) of this section shall include such measures, facilities, or services as may be necessary or appropriate in order to:(a) Determine, and make timely recommendations on, the needs and preferences, if any, of displaced persons for relocation assistance;(b) Provide current and continuing information on the availability, sales prices, and rental charges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations;(c) Assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location;(d) Supply (i) information concerning federal, state, and local programs that may be of assistance to displaced persons, and (ii) technical assistance to the persons in applying for assistance under those programs;(e) Provide other advisory services to displaced persons in order to minimize hardships to them in adjusting to relocation; and(f) Coordinate relocation activities performed by the agency with other federal, state, or local governmental actions in the community that could affect the efficient and effective delivery of relocation assistance and related services.(4) Notwithstanding *RCW 8.26.020(4)(b), in any case in which a displacing agency acquires property for a program or project, a person who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project is eligible for advisory services to the extent determined by the displacing agency.[ 1988 c 90 § 6.]NOTES:*Reviser's note: RCW 8.26.020 was amended by 2003 c 254 § 1, changing subsection (4)(b) to subsection (4)(c).Section captions—1988 c 90: See note following RCW 8.26.010.
WA Rev Code § 8.26.075 (2021)
2021 Revised Code of Washington|Title 8 - Eminent Domain|Chapter 8.26 - Relocation Assistance—Real Property Acquisition Policy.|8.26.075 - Assurance of availability of housing—Exceptions.

RCW 8.26.075 Assurance of availability of housing—Exceptions.(1) If a program or project undertaken by a displacing agency cannot proceed on a timely basis because comparable replacement dwellings are not available, and the head of the displacing agency determines that the dwellings cannot otherwise be made available, the head of the displacing agency may take such action as is necessary or appropriate to provide the dwellings by use of funds authorized for the project. The displacing agency may use this section to exceed the maximum amounts that may be paid under RCW 8.26.045 and 8.26.055 on a case-by-case basis for good cause as determined in accordance with rules adopted by the lead agency.(2) No person may be required to move from a dwelling on account of any program or project undertaken by a displacing agency unless the displacing agency is satisfied that comparable replacement housing is available to the person.(3) The displacing agency shall assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of the following:(a) A major disaster as defined in section 102(2) of the Federal Disaster Relief Act of 1974;(b) A national emergency declared by the president; or(c) Any other emergency that requires the person to move immediately from the dwelling because continued occupancy of the dwelling by the person constitutes a substantial danger to the health or safety of the person.[ 1988 c 90 § 7.]NOTES:Section captions—1988 c 90: See note following RCW 8.26.010.