Many road improvement projects require the County to access or buy privately owned land. This ability means the County must also protect the property owner's rights.
Washington County builds and maintains roads, sidewalks, trails, and other facilities that benefit the public. If the County needs to buy or access more land to build the project, the right-of-way acquisition process begins. Contact the Right-of-Way Section to speak with an agent about specific property impacts.
- Right-of-Way and Easements
Right-of-way is the area that the County has an easement for the public roadway. More easements for related purposes may also be needed (for example, utilities, slope, etc.) We must show that we have a public need for before we can buy private land for right-of-way easements. Federal, state, and local laws determine when and how these rights are acquired.
- Just Compensation
Property owners will be offered Just Compensation. Just Compensation is an estimate of the fair and equitable price required for the land and improvements, along with some impacts, if any, caused by the acquisition.
- Acquisition Process
Project Design and Engineering
Transportation projects are selected when there is a public need. The right-of-way process begins when the project design and engineering are nearly complete. This is when we know how much land we need for the project.
Open Houses and Comment Opportunities
We share information about projects with property owners and the community. We seek feedback on projects during the design phase and consider the impact on property owners.
Declaration of Necessity
The County Board of Commissioners approves the need for projects based on the Transportation System Plan. A "declaration of necessity" is made, giving us permission to acquire needed land.
Written Legal Descriptions
When the project design is nearly done, and the right-of-way needs are known, legal descriptions are written for the property impacts.
Informational Letter
The right-of-way agent mails letters to impacted property owners to begin the conversation about right-of-way acquisition.
Valuation
After the letter is sent, stakes are placed on the property to show where needed land is at. The valuation process determines the estimated value of the land.
Improvements
When we impact a property, we must acquire an equal interest in the house or improvements (such as fences, plants, etc.) on the property.
County Offer
We make offers in writing with a summary statement describing how we came to that number. The right-of-way agent will share and explain all documents needed. Owners have at least 40 days to accept or reject an offer unless the County declares an emergency. Owners do not have to accept an offer or agreement they feel the compensation is unfair.
We will not, in any way, coerce property owners into accepting offers. If we are unable to reach an agreement, the agent will explain the next steps.
Acceptance
The right-of-way agent will provide and help finish all documents to accept the County's offer. Payment to owners is typically made within a month of signing documents.
Condemnation
Condemnation is the legal process of eminent domain, which allows the needed land acquisition to continue. We will file for condemnation if we cannot agree on compensation or if the owner cannot clear the title on the property.
Relocation
If someone is displaced by a public transportation project, a right-of-way agent will provide written information about eligible benefits and the legal timeframes for moving.
Replacement Housing or Business Relocations
Typically, owners or occupants of a dwelling or business who are eligible for help moving will get at least 90-days notice before they need to move. They will receive information about funds and benefits they may be eligible for to help them move.
Contact(s)
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Right-of-Way Section
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