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If any agreement is going to be made over right-of-way property for extending Appleway Boulevard, it will be done without a decision from the Washington Supreme Court.
Last week, a court judge announced he would refuse to hear the city’s appeal of two earlier decisions that leave the eastern section of the old Milwaukee railroad right-of-way in the hands of Spokane County. That means that if the city of Spokane Valley ever hopes of extending Appleway east of University, it will have to reach some sort of deal with the county for the property.
“It’s disappointing,” said Spokane Valley Mayor Richard Munson, who added that dialogue will continue with the county to gain access to the land. “We’ll work with them.”
Under the laws concerning incorporation, the Spokane Valley did not automatically acquire the right-of-way, only the portion of Appleway west of University that was already developed an in use. Legal challenges by the city asserting the contrary have been rebuffed by the courts and have landed in the county’s favor.
Efforts to resolve the issue of the right-of-way first broke down in 2006 after two years of talks between the city and county. The problem then is the same problem now: In addition to acquiring the right-of-way for extending Appleway, the city also purchases additional property to allow for the 28 additional feet needed for mass transit. In some areas of the right-of-way – which the mayor called “pinch points” – more property would have to be bought from land owners to provide for the extra space, which could conceivably accommodate a light rail line or rapid-transit commuter buses.
One way to solve the dilemma, Munson said, is for Spokane Transit Authority to step forward and buy the additional land.
“The property wouldn’t be for us, it’s for the region’s transportation needs,” he said.
Munson, who also sits on the STA board, said Monday that those negotiations are happening now. It’s unclear, however, whether or not the county commissioners would agree to those terms. It has long held that the city and STA should split those costs.
Spokane County – and by extension, its taxpayers – purchased the right-of-way for $3.5 million in 1980 chiefly for its potential as a high-speed arterial, possibly between Liberty Lake and the city of Spokane. It was unclear for years whether or not Spokane Valley could ever muster the votes to incorporate and have its own designs for the land.
The extension of Appleway has been a key component of the Sprague-Appleway Revitalization Plan, which the City Council is expected to pass in the next few months.
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By
Mike Huffman
