10.50.017H Compensation.
(a) The applicant shall compensate the city in an amount which does not exceed one-half the appraised value of the area so vacated. If a public right-of-way has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city may require the owners of the property abutting the public right-of-way to compensate the city in an amount that does not exceed the full appraised value of the area vacated.
(1) The value of the vacated property shall be determined by an independent appraisal of the vacated property, paid for by the applicant, in the event the value of the vacated property exceeds twenty thousand dollars. The value of the vacated property may be determined by an independent appraisal of the vacated property, paid for by the applicant, if the value of the property does not exceed twenty thousand dollars. All appraisals shall take into consideration the public improvements within the right-of-way to be vacated, according to their original or depreciated value as may be appropriate in the judgment of the appraiser.
(2) If the applicant does not choose to have an independent appraisal, and the value of the vacated property does not exceed twenty thousand dollars, the value shall be determined by the planning department's valuation. The planning division's valuation shall be one hundred ten percent of the planning division's valuation of said public right-of-way or any portion thereof based on Yakima County assessor's market land value of the properties directly surrounding the area of the proposed vacated property.
(3) No compensation shall be required if a public right-of-way is vacated and the ownership reverts to the state of Washington, city of Selah, Yakima County or any public school district.
(4) No compensation may be required if the city has not purchased, maintained, or made any improvements to the public right-of-way, there is no planned or anticipated public purpose existing for maintaining the public right-of-way as determined by the hearing examiner or city departments, and the public right-of-way has been a dedicated right-of-way in the city for at least five years.
(b) Every ordinance hereinafter enacted by the city council to vacate any public right-of-way, or any portion thereof, shall provide that such ordinance shall not become effective until the applicant or the owners of the property abutting upon the public right-of-way, or portion thereof, so vacated, have compensated the city in the amount required as part of the vacation. (Ord. 2173, § 2 (Exh. A), 2022.)