The Promise We promised to provide further information regarding regarding road vacations and sale of tax title strips.
Complex Issues We found these to be rather complex issues and can only provide some basic information in the space we have available. More information can be found at the county and state websites.
40 Foot Road Right-of Ways and 10 Foot Tax Title Strips Many residents in the historic section of Illahee have a 10 foot wide tax title strip of land abutting their road right-of-way. When historic Illahee was platted the roads were 40 feet in width. Subsequently 60 foot right-of-ways became the standard, so whenever the opportunity presented itself, an extra 10 feet of land was added to each side of the road right-of-way to obtain the standard 60 feet of width.
Two Land Classifications - Road Easements and Tax Title Land This means many may have 60 feet of county property in front of their lots that consists of a 40 foot wide county owned road easement and the possibility of a 10 foot wide county owned tax title strips of land on each side of the road easement. (Note: We are trying to obtain this information for our illaheecommunity.com website.)
The Vacation Process We have areas in Illahee where no roads have been built on these lands, and the adjacent landowners are asking that they be declared excess property and be "vacated," so they can purchase them. By state law and county code, anyone who desires to, can submit a petition or make a request to the county to acquire these lands. The request then goes to the Board of County Commissioners (BOCC) at a public hearing to determine if the land is of no present or future use to the citizens of Kitsap County, or departments or agencies of Kitsap County. Those were the hearings that occurred on 12/17/07 and 1/14/08, and will occur on 1/28/08.
County Policies In determining whether the land is "of present or future use" to the citizens or the county, the criteria has been specified in County Policy Numbers PW 2470 (Road Vacations) and PW 2475 (Tax Title Land) as follows:
2.1.1 Legitimate public uses may include but are not limited to:
• public roads
• public utility easements
• trails
• parks
• buffers between land uses
• wildlife habitat (including riparian corridors)
• wetlands
• steep slopes
• floodplains
• drainage ways
• view corridors used by the general public
• shoreline access
• and management of any of these uses.
Additional Requested Use Item The Illahee Forest Preserve recently requested "bio-infiltration swales" (a low impact development application for controlling storm water) be added to the list of legitimate public uses for road right-of-ways and tax title strips, based on a recommended storm water solution for a problem area along Illahee Creek (from a National Fish and Wildlife Foundation grant).
1916 Plat Dedication Wording We have been asked to include the wording on the original 1916 Plat of Illahee, which is now the area referred to as "historic" Illahee. The pertinent words from the Suquamish Land Company are that they "....hereby dedicate to the use of the public forever all streets, avenues, boulevards and places, ..." They did not elaborate what the "use of the public" should be.
Jim Aho
As always, we welcome your comments.
If what you presented is KC policy, how can any county land be declared of 'no present or future use' by the public or KC citizens? Who knows about possible 'future' uses?
ReplyDeleteSecondly, are there any precedent setting court cases in which the KC policy has been successfully challenged?
And lastly, this is another issue that probably just happens unless someone tells us about it. Thanks to you guys for keeping the community informed with your updates!