| Negotiations |
| Requirement |
Description |
Authority
CFR, RCW, WAC |
Additional Information |
MDL No. |
| Acquire by negotiation |
Every reasonable effort shall be made to acquire expeditiously real property by negotiation. |
49 CFR 24.102 (a); RCW 8.26.180 (1) |
See WAC 468-100-101 for exceptions to acquisition requirements. |
PE-D-17.06.03 |
| Prompt offer, Summary statement |
Once just compensation has been established, "make a prompt offer to acquire the property for the full amount so established". Provide the property owner with a written statement of the just compensation established and the basis thereof . |
49 CFR 24.102 (d) (e) (f); RCW 8.26.180 (3) |
See WAC 468-100-101 for exceptions to acquisition requirements. WAC 468-100-002(12) Initiation of Negotiation |
PE-D-17.06.03 |
| Negotiation procedures
|
The owner shall be given reasonable opportunity to consider the offer and present material which the owner believes is relevant to determining the value of the property and to suggest modification in the proposed terms and conditions of the purchase. |
49 CFR 24.102 (f) |
|
PE-D-17.06.03 |
| Inverse Condemnation
|
The acquiring agency shall not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property. |
49 CFR 24.108(l); RCW 8.26.180 (8)
|
WAC 468-100-002(23) |
PE-D-17.06.03 |
| Coercive Action |
In no event shall the time of condemnation be advanced, funds be deferred, or any other coercive action be taken to compel an agreement on the price to be paid for the property. |
49 CFR 24.108(h); RCW 8.26.180 (7) |
|
PE-D-17.06.03 |
| Offer to acquire uneconomic remnants |
The agency shall offer to acquire uneconomic remnants - "a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property and that the head of the agency concerned has determined has little or no value or utility. |
49 CFR 24.102(k); RCW 8.26.180 (9) |
See WAC 468-100-101 for exceptions to acquisition requirements. WAC 468-100.002(20) Uneconomic Remainder |
PE-D-17.06.03 |
| Acquisition of buildings, structures, and improvements, acquisition of tenant-owned improvements. |
|
RCW 8.26.190 |
WAC 468-100-104. See WAC 468-100-101 for exceptions to acquisition requirements |
PE-D-17.06.03 |
