reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart B - REAL PROPERTY ACQUISITION › Section 468-100-102 - Criteria for appraisals

Current through Register Vol. 24-14, July 15, 2024
(1)
Standards of appraisal:
The format and level of documentation for
				an appraisal depend on the complexity of the appraisal problem. The agency
				shall develop minimum standards for appraisals consistent with established and
				commonly accepted appraisal practice for those acquisitions which, by virtue of
				their low value or simplicity, do not require the in-depth analysis and
				presentation necessary in a detailed appraisal. A detailed appraisal shall be
				prepared for all other acquisitions. A detailed appraisal shall reflect
				nationally recognized appraisal standards. An appraisal must contain sufficient
				documentation, including valuation data and the appraiser's analysis of that
				data, to support the appraiser's opinion of value. At a minimum, the appraisal
				shall contain the following items:
(a) The
				purpose and/or the function of the appraisal, a definition of the estate being
				appraised, and a statement of the assumptions and limiting conditions affecting
				the appraisal.
(b) An adequate
				description of the physical characteristics of the property being appraised
				(and, in the case of a partial acquisition, an adequate description of the
				remaining property), including items identified as personal property, a
				statement of the known and observed encumbrances if any, title information,
				location, zoning, present use, an analysis of highest and best use, and at
				least a five-year sales history of the property.
(c) All relevant and reliable approaches to
				value consistent with commonly accepted professional appraisal practices. When
				sufficient market sales data are available to reliably support the fair market
				value for the specific appraisal problem encountered, the agency, at its
				discretion, may require only the market approach. If more than one approach is
				utilized, there shall be an analysis and reconciliation of approaches to value
				that are sufficient to support the appraiser's opinion of value.
(d) A description of comparable sales,
				including a description of all relevant physical, legal, and economic factors
				such as parties to the transaction, source and method of financing, and
				verification by a party involved in the transaction.
(e) A statement of the value of the real
				property to be acquired and, for a partial acquisition, a statement of the
				value of the damages and benefits, if any, to the remaining real
				property.
(f) The effective date of
				valuation, date of appraisal, signature, and certification of the
				appraiser.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart B - REAL PROPERTY ACQUISITION › Section 468-100-103 - Review of appraisals

Current through Register Vol. 24-14, July 15, 2024
The agency shall have an appraisal review process and, at a
				  minimum:
(1) A qualified reviewing
				appraiser shall examine all appraisals to assure that they meet applicable
				appraisal requirements and shall, prior to acceptance, seek necessary
				corrections or revisions. The qualifications of the appraiser for each case
				depend on the complexity of the appraisal problem. The review appraiser shall
				determine whether the appraiser's documentation, including valuation data and
				analyses of that data, demonstrates the soundness of the appraiser's opinion of
				value.
(2) If the reviewing
				appraiser is unable to approve or recommend approval of an appraisal as an
				adequate basis for the estimate of just compensation, and it is determined that
				it is not practical to obtain an additional appraisal, the reviewing appraiser
				may develop appraisal documentation in accordance with WAC
				468-100-102 to support an
				approved or recommended value. The agency may determine whether a second review
				is needed if the first review appraiser establishes a value different from that
				in the appraisal report(s) on the property.
(3) The review appraiser's certification of
				the recommended or approved value of the property shall be set forth in a
				signed statement which identifies the appraisal reports reviewed and explains
				the basis for such recommendation or approval. Any damages or benefits to any
				remaining property shall also be identified in the statement. The level of
				explanation by the review appraiser depends on the complexity of the appraisal
				problem. The agency may accept a simple approval endorsement by the review
				appraiser in the case of a low value property requiring an uncomplicated
				valuation process.
Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order
					 121), § 468-100-103, filed 8/14/89, effective
					 9/14/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart B - REAL PROPERTY ACQUISITION › Section 468-100-104 - Acquisition of tenant-owned improvements

Current through Register Vol. 24-14, July 15, 2024
(1)
Acquisition of improvements:
When acquiring any interest in real property, the agency shall offer to
				acquire at least an equal interest in all buildings, structures, or other
				improvements located upon the real property to be acquired or which the agency
				determines will be adversely affected by the use to which such real property
				will be put. This shall include any improvement of a tenant-owner who has the
				right or obligation to remove the improvement at the expiration of the lease
				term.
(2)
Improvements
				considered to be real property:
Any building, structure, or other
				improvement, which would be considered to be real property if owned by the
				owner of the real property on which it is located, shall be considered to be
				real property for purposes of WAC
				468-100-101 through
				468-100-106.
(3)
Appraisal and establishment of just
				compensation for tenant-owned realty improvements:
Just compensation for
				a tenant-owned realty improvement is the amount which the improvement
				contributes to the fair market value of the whole property or its salvage
				value, whichever is greater. (Salvage value is defined in WAC
				468-100-002(23).)
(4)
Special conditions:
No
				payment shall be made to a tenant-owner to acquire any real property
				improvement or relocate any tenant-owned real estate fixture unless:
(a) The owner of the real property on which
				the improvement is located disclaims all interest in the tenant's realty
				improvement or fixture; and
(b) The
				tenant-owner, in consideration for the acquisition payment, assigns, transfers,
				and releases to the agency all of the tenant-owner's right, title, and interest
				in the realty improvement; and
(c)
				The payment does not result in the duplication of any compensation otherwise
				authorized by law.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart B - REAL PROPERTY ACQUISITION › Section 468-100-105 - Certain litigation expenses

Current through Register Vol. 24-14, July 15, 2024
The owner of the real property shall be reimbursed for any
				  reasonable expenses, including reasonable attorney, and expert witness fees,
				  which the owner actually incurred because of a condemnation proceeding;
				  pursuant to
				  RCW
				   8.25.020 and
				  8.25.075.
Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order
					 121), § 468-100-105, filed 8/14/89, effective
					 9/14/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart B - REAL PROPERTY ACQUISITION › Section 468-100-106 - Donations

Current through Register Vol. 24-14, July 15, 2024
Nothing in this chapter shall prevent a person, after being
				  informed of the right to receive just compensation based on an appraisal of the
				  real property, from making a gift or donation of real property or any part
				  thereof, or any interest therein, or of any compensation paid therefor, to the
				  agency. The agency shall obtain an appraisal of the real property and offer the
				  full amount of just compensation due unless the owner, after being fully
				  informed of such policy, releases the agency from these obligations. An
				  appraisal is not required if the agency determines that an appraisal is
				  unnecessary because the valuation problem is uncomplicated and the fair market
				  value is estimated at two thousand five hundred dollars or less, based on a
				  review of available data.
Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order
					 121), § 468-100-106, filed 8/14/89, effective
					 9/14/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart C - GENERAL RELOCATION REQUIREMENTS › Section 468-100-201 - Purpose

Current through Register Vol. 24-14, July 15, 2024
WAC
				  468-100-201 through
				  468-100-209 prescribes general
				  requirements governing the provision of relocation payments and other
				  relocation assistance under the regulations in this chapter.
Statutory Authority: Chapter 8.26 RCW. 06-02-068, §
					 468-100-201, filed 1/3/06, effective 2/3/06; 89-17-048 (Order 121), §
					 468-100-201, filed 8/14/89, effective
					 9/14/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart C - GENERAL RELOCATION REQUIREMENTS › Section 468-100-202 - Applicability

Current through Register Vol. 24-14, July 15, 2024
These requirements apply to the relocation of any displaced
				  person as defined in WAC
				  468-100-002(9).
				  Any person who qualifies as a displaced person must be fully informed of his or
				  her rights and entitlements to relocation assistance and payments provided by
				  the Uniform Act and regulations.
Statutory Authority: Chapter 8.26 RCW. 06-02-068, §
					 468-100-202, filed 1/3/06, effective 2/3/06; 89-17-048 (Order 121), §
					 468-100-202, filed 8/14/89, effective
					 9/14/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart C - GENERAL RELOCATION REQUIREMENTS › Section 468-100-203 - Relocation notices

Current through Register Vol. 24-14, July 15, 2024
Written notices shall be furnished as required by WAC
				  468-100-005.
(1)
General information notice:
As soon as feasible, a person scheduled to be displaced shall be
				furnished with a general written description of the agency's relocation program
				which does at least the following:
(a) Informs
				the person that the person may be displaced for the project and generally
				describes the relocation payment(s) for which the person may be eligible, the
				basic conditions of eligibility, and the procedures for obtaining the
				payment(s).
(b) Informs the person
				that the person will be given reasonable relocation advisory services,
				including referrals to replacement properties, help in filing payment claims,
				and other necessary assistance to help the person successfully
				relocate.
(c) Informs the person
				that the person will not be required to move without at least ninety days'
				advance written notice (see subsection (3) of this section), and informs any
				person to be displaced from a dwelling that the person cannot be required to
				move permanently unless at least one comparable replacement dwelling has been
				made available.
(d) Describes the
				person's right to appeal the agency's determination as to eligibility for, or
				the amount of, any relocation payment for which the person may be
				eligible.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart C - GENERAL RELOCATION REQUIREMENTS › Section 468-100-204 - Availability of comparable replacement dwelling before displacement

Current through Register Vol. 24-14, July 15, 2024
No person to be displaced shall be required to move from the
				  person's dwelling unless at least one comparable replacement dwelling (defined
				  in WAC 468-100-002(6)) 
				  has been made available to the person.
(1)
Policy:
Three or more
				comparable replacement dwellings shall be made available unless such numbers
				are not available on the local housing market. When otherwise feasible, in
				accordance with WAC
				468-100-205(3)(b)(iii) and
				468-100-403(1)(d),
				comparable replacement dwellings to be made available to minority persons may
				include dwellings not located in an area of minority concentration. A
				comparable replacement dwelling will be considered to have been made available
				to a person, if:
(a) The person is informed of
				its location; and
(b) The person
				has sufficient time to negotiate and enter into a purchase agreement or lease
				for the property; and
(c) Subject
				to reasonable safeguards, the person is assured of receiving the relocation
				assistance and acquisition payment to which the person is entitled in
				sufficient time to complete the purchase or lease of the property.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart C - GENERAL RELOCATION REQUIREMENTS › Section 468-100-205 - Relocation planning, advisory services, and coordination

Current through Register Vol. 24-14, July 15, 2024
(1)
Relocation planning:
During
				the early stages of development, state and federal-aid programs or projects
				shall be planned in such a manner that the problems associated with the
				displacement of individuals, families, businesses, farms, and nonprofit
				organizations are recognized and solutions are developed to minimize the
				adverse impacts of displacement. Such planning, where appropriate, shall
				precede any action by an agency that will cause displacement, and should
				include an evaluation of program resources available to carry out timely and
				orderly relocations. Planning may involve a relocation survey or study that may
				include the following:
(a) An estimate of the
				number of households to be displaced including information such as owner/tenant
				status, estimated value and rental rates of properties to be acquired, family
				characteristics, and special consideration of the impacts on minorities, the
				elderly, large families, and persons with disabilities when
				applicable.
(b) An estimate of the
				number of comparable replacement dwellings in the area (including price ranges
				and rental rates) that may be available to fulfill the needs of those
				households displaced. When an adequate supply of comparable housing is not
				expected to be available, the agency should consider housing of last resort
				actions.
(c) An estimate of the
				number, type and size of the businesses, farms, and nonprofit organizations to
				be displaced and the approximate number of employees that may be
				affected.
(d) An estimate of the
				availability of replacement business sites. When an adequate supply of
				replacement business sites is not expected to be available, the impacts of
				displacing the businesses should be considered and addressed. Planning for
				displaced businesses which are reasonably expected to involve complex or
				lengthy moving processes or small businesses with limited financial resources
				and/or few alternative relocation sites should include an analysis of business
				moving problems.
(e) Consideration
				of any special relocation advisory services that may be necessary from the
				displacing agency and other cooperating agencies.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart C - GENERAL RELOCATION REQUIREMENTS › Section 468-100-206 - Eviction for cause

Current through Register Vol. 24-14, July 15, 2024
(1) Eviction for
				cause must conform to applicable state and local law. Any person who occupies
				the real property and is not in unlawful occupancy on the date of the
				initiation of negotiations, is presumed to be entitled to relocation payments
				and other assistance set forth in this part unless the agency determines that:
(a) The person received an eviction notice
				prior to the initiation of negotiations and, as a result of that notice, is
				later evicted; or
(b) The person is
				evicted after the initiation of negotiations for serious or repeated violation
				of material terms of the lease or occupancy agreement; and
(c) In either case the eviction was not
				undertaken for the purpose of evading the obligation to make available the
				payments and other assistance set forth in this part.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart C - GENERAL RELOCATION REQUIREMENTS › Section 468-100-207 - General requirements - Claims for relocation payments

Current through Register Vol. 24-14, July 15, 2024
(1)
Documentation:
Any claim for
				a relocation payment shall be supported by such documentation as may be
				reasonably required to support expenses incurred, such as, bills, certified
				prices, appraisals, or other evidence of such expenses. Payment for a low cost
				or uncomplicated move may be made without documentation of actual costs when
				payment is limited to the amount of the lowest acceptable bid or estimate
				obtained by the agency. A displaced person must be provided reasonable
				assistance necessary to complete and file any required claim for
				payment.
(2)
Expeditious
				payments:
The agency shall review claims in an expeditious manner. The
				claimant shall be promptly notified as to any additional documentation that is
				required to support the claim. Payment for a claim shall be made as soon as
				feasible following receipt of sufficient documentation to support the
				claim.
(3)
Advance payments:
If a person demonstrates the need for an advance relocation payment in
				order to avoid or reduce a hardship, the agency shall issue the payment,
				subject to such safeguards as are appropriate to ensure that the objective of
				the payment is accomplished.
(4)
Time for filing:
(a) All claims
				for a relocation payment shall be filed with the agency within eighteen months
				after:
(i) For tenants, the date of
				displacement;
(ii) For owners, the
				date of displacement or the date of the final payment for the acquisition of
				the real property, whichever is later.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart C - GENERAL RELOCATION REQUIREMENTS › Section 468-100-208 - Aliens not lawfully present in the United States

Current through Register Vol. 24-14, July 15, 2024
(1) Each person seeking relocation payments
				or relocation advisory assistance shall, as a condition of eligibility,
				certify:
(a) In the case of an individual,
				that he or she is either a citizen or national of the United States, or an
				alien who is lawfully present in the United States.
(b) In the case of a family, that each family
				member is either a citizen or national of the United States, or an alien who is
				lawfully present in the United States. The certification may be made by the
				head of the household on behalf of other family members.
(c) In the case of an unincorporated
				business, farm, or nonprofit organization, that each owner is either a citizen
				or national of the United States, or an alien who is lawfully present in the
				United States. The certification may be made by the principal owner, manager,
				or operating officer on behalf of other persons with an ownership
				interest.
(d) In the case of an
				incorporated business, farm, or nonprofit organization, that the corporation is
				authorized to conduct business within the United States.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart C - GENERAL RELOCATION REQUIREMENTS › Section 468-100-209 - Relocation payments not considered as income

Current through Register Vol. 24-14, July 15, 2024
No relocation payment received by a displaced person under
				  this chapter may be considered as income for the purpose of determining the
				  eligibility or extent of eligibility of any person for assistance under any
				  state law or for the purposes of any income tax or any tax imposed under
				  Title
				  82 RCW, and the payments shall
				  not be deducted from any amount to which any recipient would otherwise be
				  entitled under
				  Title
				  74 RCW.
Statutory Authority: Chapter 8.26 RCW. 06-02-068, §
					 468-100-209, filed 1/3/06, effective 2/3/06. Statutory Authority: Chapter 8.26
					 RCW and WSR 89-17-048 (Order 121). 01-02-027, § 468-100-209, filed
					 12/22/00, effective 1/22/01.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart D - PAYMENT FOR MOVING AND RELATED EXPENSES › Section 468-100-301 - Payment for actual reasonable moving and related expenses

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
(a) Any owner-occupant or tenant who
				qualifies as a displaced person (defined at WAC
				468-100-002(9)) 
				and who moves from a dwelling (including a mobile home) or who moves from a
				business, farm or nonprofit organization is entitled to payment of his or her
				actual moving and related expenses, as the agency determines to be reasonable
				and necessary.
(b) A nonoccupant
				owner of a rented mobile home is eligible for actual cost reimbursement under
				this section to relocate the mobile home. If the mobile home is not acquired as
				real estate, but the homeowner-occupant obtains a replacement housing payment
				under one of the circumstances described in WAC
				468-100-502(1)(c),
				the homeowner-occupant is not eligible for payment for moving the mobile home,
				but may be eligible for a payment for moving personal property from the mobile
				home.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart D - PAYMENT FOR MOVING AND RELATED EXPENSES › Section 468-100-302 - Fixed payment for moving expenses - Residential moves

Current through Register Vol. 24-14, July 15, 2024
Any person displaced from a dwelling or a seasonal residence
				  or a dormitory style room is entitled to receive a fixed moving cost payment as
				  an alternative to a payment for actual moving and related expenses under WAC
				  468-100-301. This payment shall
				  be determined according to the fixed residential moving cost
				  schedule* approved by the Federal Highway
				  Administration and published in the
Federal Register
on a
				  periodic basis. The payment to a person with minimal personal possessions who
				  is in occupancy of a dormitory style room or a person whose residential move is
				  performed by an agency at no cost to the person shall be limited to the amount
				  stated in the most recent edition of the fixed residential moving cost
				  schedule.
*The fixed residential moving cost schedule is available at
				  the following URL:
http://www.fhwa.dot.gov//////realestate/fixsch96.htm
.
				  Agencies are cautioned to ensure they are using the most recent
				  edition.
Statutory Authority: Chapter 8.26 RCW. 06-02-068, §
					 468-100-302, filed 1/3/06, effective 2/3/06; 89-17-048 (Order 121), §
					 468-100-302, filed 8/14/89, effective
					 9/14/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart D - PAYMENT FOR MOVING AND RELATED EXPENSES › Section 468-100-303 - Related nonresidential eligible expenses

Current through Register Vol. 24-14, July 15, 2024
The following expenses, in addition to those provided by WAC
				  468-100-301 for moving personal
				  property, shall be provided if the agency determines that they are actual,
				  reasonable and necessary:
(1)
				Connection to available nearby utilities from the right of way to improvements
				at the replacement site.
(2)
				Professional services performed prior to the purchase or lease of a replacement
				site to determine its suitability for the displaced person's business operation
				including, but not limited to, soil testing, feasibility and marketing studies
				(excluding any fees or commissions directly related to the purchase or lease of
				such site). At the discretion of the agency a reasonable preapproved hourly
				rate may be established.
(3) Impact
				fees or one-time assessments for anticipated heavy utility usage, as determined
				necessary by the agency.
Statutory Authority: Chapter 8.26 RCW. 06-02-068, §
					 468-100-303, filed 1/3/06, effective 2/3/06; 89-17-048 (Order 121), §
					 468-100-303, filed 8/14/89, effective
					 9/14/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart D - PAYMENT FOR MOVING AND RELATED EXPENSES › Section 468-100-304 - Fixed payment for moving expenses - Nonresidential moves

Current through Register Vol. 24-14, July 15, 2024
(1)
Business.
A displaced
				business may be eligible to choose a fixed payment in lieu of the payments for
				actual moving and related expenses, and actual reasonable reestablishment
				expenses provided by WAC
				468-100-301,
				468-100-303, and
				468-100-306. Such fixed payment,
				except for payment to a nonprofit organization, shall equal the average annual
				net earnings of the business, as computed in accordance with subsection (5) of
				this section, but not less than one thousand dollars nor more than twenty
				thousand dollars. The displaced business is eligible for the payment if the
				agency determines that:
(a) The business owns
				or rents personal property which must be moved in connection with such
				displacement and for which an expense would be incurred in such move; and, the
				business vacates or relocates from its displacement site;
(b) The business cannot be relocated without
				a substantial loss of its existing patronage (clientele or net earnings). A
				business is assumed to meet this test unless the agency determines that it will
				not suffer a substantial loss of its existing patronage;
(c) The business is not part of a commercial
				enterprise having more than three other entities which are not being acquired
				by the agency, and which are under the same ownership and engaged in the same
				or similar business activities;
(d)
				The business is not operated at a displacement dwelling solely for the purpose
				of renting such dwelling to others;
(e) The business is not operated at the
				displacement site solely for the purpose of renting the site to others;
				and
(f) The business contributed
				materially (defined in WAC
				468-100-002(7)) 
				to the income of the displaced person during the two taxable years prior to
				displacement.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart D - PAYMENT FOR MOVING AND RELATED EXPENSES › Section 468-100-305 - Discretionary utility relocation payments

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever a program or project undertaken
				by a displacing agency causes the relocation of a utility facility (WAC
				468-100-002(31)) and the relocation of the facility creates extraordinary expenses for its
				owner, the displacing agency may, at its option, make a relocation payment to
				the owner for all or part of such expenses, if the following criteria are met:
(a) The utility facility legally occupies
				state or local government property, or property over which the state or local
				government has an easement or right of way;
(b) The utility facility's right of occupancy
				thereon is pursuant to state law or local ordinance specifically authorizing
				such use, or where such use and occupancy has been granted through a franchise,
				use and occupancy permit, or other similar agreement;
(c) Relocation of the utility facility is
				required by and is incidental to the primary purpose of the project or program
				undertaken by the displacing agency;
(d) There is no federal law, other than the
				Uniform Act, which clearly establishes a policy for the payment of utility
				moving costs that is applicable to the displacing agency's program or project;
				and
(e) State or local government
				reimbursement for utility moving costs or payment of such costs by the
				displacing agency is in accordance with state law.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart D - PAYMENT FOR MOVING AND RELATED EXPENSES › Section 468-100-306 - Reestablishment expenses - Nonresidential moves

Current through Register Vol. 24-14, July 15, 2024
In addition to the payments available under WAC
				  468-100-301 and
				  468-100-303, a small business, as
				  defined in WAC
				  468-100-002(24),
				  farm or nonprofit organization is entitled to receive a payment, not to exceed
				  fifty thousand dollars, for expenses actually incurred in relocating and
				  reestablishing such small business, farm or nonprofit organization at a
				  replacement site.
(1) Eligible
				expenses. Reestablishment expenses must be reasonable and necessary, as
				determined by the agency. They include, but are not limited to, the following:
(a) Repairs or improvements to the
				replacement real property as required by federal, state or local law, code or
				ordinance.
(b) Modifications to the
				replacement property to accommodate the business operation or make replacement
				structures suitable for conducting the business.
(c) Construction and installation costs for
				exterior signing to advertise the business.
(d) Redecoration or replacement of soiled or
				worn surfaces at the replacement site, such as paint, paneling, or
				carpeting.
(e) Advertisement of
				replacement location.
(f) Estimated
				increased costs of operation during the first two years at the replacement site
				for such items as:
(i) Lease or rental
				charges;
(ii) Personal or real
				property taxes;
(iii) Insurance
				premiums; and
(iv) Utility charges,
				excluding impact fees.
(g) Other items that the agency considers
				essential to the reestablishment of the business.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart E - REPLACEMENT HOUSING PAYMENTS › Section 468-100-401 - Replacement housing payment for one hundred eighty-day homeowner-occupants

Current through Register Vol. 24-14, July 15, 2024
(1)
Eligibility:
A displaced
				person is eligible for the replacement housing payment for a one hundred
				eighty-day homeowner-occupant if the person:
(a) Has actually owned and occupied the
				displacement dwelling for not less than the one hundred eighty days immediately
				prior to the initiation of negotiations; and
(b) Purchases and occupies a DSS replacement
				dwelling within one year after the later of the following dates (except that
				the agency may extend such one-year period for good cause):
(i) The date the displaced person receives
				final payment for the displacement dwelling or, in the case of condemnation,
				the date the full amount is deposited in the court; or
(ii) The date the person moves from the
				displacement dwelling; or
(iii) The
				date the displacing agency's obligation under WAC
				468-100-204 is met.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart E - REPLACEMENT HOUSING PAYMENTS › Section 468-100-402 - Replacement housing payment for ninety-day occupants

Current through Register Vol. 24-14, July 15, 2024
(1)
Eligibility:
A tenant or
				owner-occupant displaced from a dwelling is entitled to a payment not to exceed
				five thousand two hundred fifty dollars for rental assistance, as computed in
				accordance with subsection (2) of this section, or downpayment assistance, as
				computed in accordance with subsection (3) of this section, if such displaced
				person:
(a) Has actually and lawfully occupied
				the displacement dwelling for at least ninety days immediately prior to the
				initiation of negotiations; and
(b)
				Has rented, or purchased, and occupied a DSS replacement dwelling within one
				year (unless the agency extends this period for good cause) after:
(i) For a tenant, the date the tenant moves
				from the displacement dwelling; or
(ii) For an owner-occupant, the later of:
(A) The date the owner-occupant receives
				final payment for the displacement dwelling, or in the case of condemnation,
				the date the full amount of the estimate of just compensation is deposited with
				the court; or
(B) The date the
				owner-occupant moves from the displacement dwelling.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart E - REPLACEMENT HOUSING PAYMENTS › Section 468-100-404 - Replacement housing of last resort

Current through Register Vol. 24-14, July 15, 2024
(1)
				Determination to provide replacement housing of last resort. Whenever a program
				or project cannot proceed on a timely basis because comparable replacement
				dwellings are not available within the monetary limits for owners or tenants,
				as specified in WAC
				468-100-401 or
				468-100-403, as appropriate, the
				agency shall provide additional or alternative assistance under the provisions
				of this subpart. Any decision to provide last resort housing assistance must be
				adequately justified either:
(a) On a
				case-by-case basis, for good cause, which means that appropriate consideration
				has been given to:
(i) The availability of
				comparable replacement housing in the program or project area;
(ii) The resources available to provide
				comparable replacement housing; and
(iii) The individual circumstances of the
				displaced person; or
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart F - MOBILE HOMES › Section 468-100-501 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) General: This subpart describes the
				requirements governing the provision of relocation payments to a person
				displaced from a mobile home and/or mobile homesite who meets the basic
				eligibility requirements of this chapter. Except as modified by this subpart,
				such a displaced person is entitled to a moving expense payment in accordance
				with WAC 468-100-301 through
				468-100-306 and a replacement
				housing payment in accordance with WAC
				468-100-401 through
				468-100-403 to the same extent
				and subject to the same requirements as persons displaced from conventional
				dwellings. Moving cost payments to persons occupying mobile homes are covered
				in WAC 468-100-301(7)(a) through
				(j).
(2) Partial acquisition of mobile home park.
				The acquisition of a portion of a mobile home park property may leave a
				remaining part of the property that is not adequate to continue the operation
				of the park. If the agency determines that a mobile home located in the
				remaining part of the property must be moved as a direct result of the project,
				the occupant of the mobile home shall be considered to be a displaced person
				who is entitled to relocation payments and other assistance under this
				part.
Statutory Authority: Chapter 8.26 RCW. 06-02-068, §
					 468-100-501, filed 1/3/06, effective 2/3/06; 89-17-048 (Order 121), §
					 468-100-501, filed 8/14/89, effective
					 9/14/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart F - MOBILE HOMES › Section 468-100-502 - Replacement housing payment for one hundred eighty-day mobile home homeowner displaced from a mobile home, and/or from the acquired mobile home site

Current through Register Vol. 24-14, July 15, 2024
(1) Eligibility: A displaced owner-occupant
				from a mobile home or site is entitled to a replacement housing payment, not to
				exceed twenty-two thousand five hundred dollars under WAC
				468-100-401 if:
(a) The person occupied the mobile home on
				the displacement site for at least one hundred eighty days immediately before:
(i) The initiation of negotiations to acquire
				the mobile home, if the person owned the mobile home and the mobile home is
				real property;
(ii) The initiation
				of negotiations to acquire the mobile home site if the mobile home is personal
				property, but the person owns the mobile home site; or
(iii) The date of the agency's written
				notification to the owner-occupant that the owner is determined to be displaced
				from the mobile home as described in (c)(i) through (iv) of this
				subsection.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart F - MOBILE HOMES › Section 468-100-503 - Replacement housing payments for ninety-day mobile home occupants

Current through Register Vol. 24-14, July 15, 2024
A displaced tenant or owner-occupant of a mobile home is
				  eligible for a replacement housing payment, not to exceed five thousand two
				  hundred fifty dollars under WAC
				  468-100-402 if:
(1) The person actually occupied the
				displacement mobile home on the displacement site for at least the ninety days
				immediately prior to the initiation of negotiations;
(2) The person meets the other basic
				eligibility requirements in WAC
				468-100-402(1);
				and
(3) The agency acquires the
				mobile home and/or mobile homesite, or the mobile home is not acquired by the
				agency but the owner or tenant is displaced from the mobile home because of one
				of the circumstances described in WAC
				468-100-502(1)(c).
Statutory Authority: Chapter 8.26 RCW. 06-02-068, §
					 468-100-503, filed 1/3/06, effective 2/3/06; 89-17-048 (Order 121), §
					 468-100-503, filed 8/14/89, effective
					 9/14/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart F - MOBILE HOMES › Section 468-100-504 - Additional rules governing relocation payment to mobile home occupants

Current through Register Vol. 24-14, July 15, 2024
(1)
Replacement housing payment based
				on dwelling and site:
Both the mobile home and mobile homesite must be
				considered when computing a replacement housing payment. For example, a
				displaced mobile home occupant may have owned the displacement mobile home and
				rented the site or may have rented the displacement mobile home and owned the
				site. Also a person may elect to purchase a replacement mobile home and rent a
				replacement site, or rent a replacement mobile home and purchase a replacement
				site. In such cases, the total replacement housing payment shall consist of a
				payment for a dwelling and a payment for a site, each computed under the
				applicable section in WAC
				468-100-401 through
				468-100-403. However, the total
				replacement housing payment under WAC
				468-100-401 through
				468-100-403 shall not exceed the
				maximum payment (either twenty-two thousand five hundred dollars or five
				thousand two hundred fifty dollars) permitted under the subsection that governs
				the computation for the dwelling.
(2)
Cost of comparable replacement
				dwelling:
(a) If a comparable
				replacement mobile home is not available, the replacement housing payment shall
				be computed on the basis of the reasonable cost of a conventional comparable
				replacement dwelling.
(b) If the
				agency determines that it would be practical to relocate the mobile home, but
				the owner-occupant elects not to do so, the agency may determine that, for
				purposes of computing the price differential under WAC
				468-100-401(3),
				the cost of a comparable replacement dwelling is the sum of:
(i) The value of the mobile home;
(ii) The cost of any necessary repairs or
				modifications; and
(iii) The
				estimated cost of moving the mobile home to a replacement site.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart G - CERTIFICATION › Section 468-100-601 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This subpart permits a state agency to fulfill its
				  responsibilities under the Uniform Act by certifying that it shall operate in
				  accordance with state laws and regulations which shall accomplish the purpose
				  and effect of the Uniform Act, in lieu of providing the assurances required by
				  WAC 468-100-004.
Statutory Authority: Chapter 8.26 RCW. 06-02-068, §
					 468-100-601, filed 1/3/06, effective 2/3/06; 89-17-048 (Order 121), §
					 468-100-601, filed 8/14/89, effective
					 9/14/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart G - CERTIFICATION › Section 468-100-602 - Certification application

Current through Register Vol. 24-14, July 15, 2024
An agency wishing to proceed on the basis of a certification
				  may request an application for certification from the Lead Agency Director,
				  Office of Real Estate Services, HEPR-1, Federal Highway Administration, 400
				  Seventh St., S.W., Washington, D.C. 20590. The completed application for
				  certification must be approved by the governor of the state, or the governor's
				  designee, and must be coordinated with the federal funding agency, in
				  accordance with application procedures.
Statutory Authority: Chapter 8.26 RCW. 06-02-068, §
					 468-100-602, filed 1/3/06, effective 2/3/06; 89-17-048 (Order 121), §
					 468-100-602, filed 8/14/89, effective
					 9/14/89.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart G - CERTIFICATION › Section 468-100-603 - Monitoring and corrective action

Current through Register Vol. 24-14, July 15, 2024
(1)
				The federal lead agency shall, in coordination with other federal agencies,
				monitor from time to time state agency implementation of programs or projects
				conducted under the certification process and the state agency shall make
				available any information required for this purpose.
(2) The lead agency may require periodic
				information or data from affected federal or state agencies.
(3) A federal agency may, after consultation
				with the lead agency, and notice to and consultation with the governor, or his
				or her designee, rescind any previous approval provided under this subpart if
				the certifying state agency fails to comply with its certification or with
				applicable state law and regulations. The federal agency shall initiate
				consultation with the lead agency at least thirty days prior to any decision to
				rescind approval of a certification under this subpart. The lead agency will
				also inform other federal agencies, which have accepted a certification under
				this subpart from the same state agency, and will take whatever other action
				that may be appropriate.
(4)
				Section 103(b)(2) of the Uniform Act, as amended, requires that the head of the
				lead agency report biennially to the Congress on state agency implementation of
				Section 103. To enable adequate preparation of the prescribed biennial report,
				the lead agency may require periodic information or data from affected federal
				or state agencies.
Statutory Authority: Chapter 8.26 RCW. 06-02-068, §
					 468-100-603, filed 1/3/06, effective
					 2/3/06.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-105 - Public advisory elections for selected state transportation facilities › Section 468-105-010 - General

Current through Register Vol. 24-14, July 15, 2024
These administrative rules were developed pursuant to
				RCW
				 47.46.030(3) through (11) 
				concerning public advisory elections conducted within an affected project area
				by the county auditors for the purpose of advising the department on the public
				support or opposition to the imposition of tolls to finance a proposed project
				pursuant to chapter 47.46 RCW, Public-Private Initiatives Transportation
				Act.
Statutory Authority:
				  RCW
				  47.46.030(3) -(11).
				  96-03-107, § 468-105-010, filed 1/23/96, effective
				  2/23/96.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-105 - Public advisory elections for selected state transportation facilities › Section 468-105-030 - Determination of initial affected project area

Current through Register Vol. 24-14, July 15, 2024
The department shall define an initial affected project area
				for proposed projects selected before September 1, 1994, or after June 30,
				1997. In order to define the initial affected project area, and pursuant to the
				requirements of
				RCW
				 47.46.030(4), the department
				shall conduct a comprehensive analysis of traffic patterns and economic impacts
				to define the geographic area that is affected by the imposition of tolls or
				user fees.
(1)
Traffic and
			 economic analysis.
Such analysis shall result in a map depicting the
			 initial affected project area, and shall include, at a minimum:
(a) A comparison of the estimated percentage
			 of residents of communities in the vicinity of the project and in other
			 communities impacted by the project who could be subject to tolls or user fees
			 and the estimated percentage of other users and transient traffic that could be
			 subject to tolls or user fees;
(b)
			 An analysis of the anticipated traffic diversion patterns on local streets,
			 highways and to other transportation services or facilities;
(c) An analysis of the potential economic
			 impact resulting from proposed toll rates or user fee rates imposed on
			 residents, commercial traffic, and commercial entities in communities in the
			 vicinity of and impacted by the project;
(d) An analysis of the economic impact of
			 tolls or user fees on the price of goods and services generally; and
(e) An analysis of the relationship of the
			 project to state transportation needs and benefits.