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13.100.080 Compensation to county as condition to vacation.
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(1) The council in its ordinance of vacation or motion of vacation under SCC 13.100.110(1) shall require persons benefiting from the vacation of county roads to pay the county for the value of the property vacated as established under subsection (2) of this section and SCC 13.100.085 within one year of the date the ordinance or motion is adopted by council. Timely payment of that compensation shall be one of the conditions precedent to the actual vacation of the county road right-of-way, unless the council waives some or all of the compensation requirement under subsection (3) of this section.

(2) Compensation, except when waived pursuant to subsection (3) of this section, shall be required according to the following schedule:

(a) Class A. One hundred percent of the appraised value as determined under SCC 13.100.085;

(b) Class B and C. Fifty percent of the appraised value as determined under SCC 13.100.085; or

(c) Class D. Zero percent of the appraised value as determined under SCC 13.100.085.

(3) The engineer may recommend, and the council shall have the authority, to waive some or all of the compensation required under subsections (1) and (2) of this section in the following circumstances:

(a) The vacation request is independently initiated by the engineer or in response to a council request;

(b) The petitioners are the original grantors of the county road and/or right-of-way and no public expenditures were made;

(c) Environmental or topographical conditions exist that make the opening and/or improvement of the county road and/or right-of-way impractical; or

(d) A new county road and/or right-of-way of equal or greater utility to public transportation purposes is provided to replace the road and/or right-of-way subject to vacation.

(4) Failure to make payment of the compensation required under this section within one year of the date the ordinance or motion is adopted by council means the ordinance or motion shall not be recorded and the road and/or right-of-way shall not be considered vacated. (Added by Ord. 85-051 § 3, July 3, 1985; Amended by Ord. 13-051, July 31, 2013, Eff date Aug. 12, 2013).