Before
July 1, 1971, the department shall determine whether or not the
topography of the land adjoining the highway will permit adequate
screening of any junkyard lawfully in existence located outside
of a zoned industrial area or an unzoned industrial area as
defined under RCW 47.41.030 on August 9, 1971, that is within one
thousand feet of the nearest edge of the right-of-way and visible
from the main traveled way of any highway on the interstate and
primary system and whether screening of the junkyard would be
economically feasible. Within thirty days thereafter the
department shall notify by certified mail the record owner of the
land upon which the junkyard is located, or the operator thereof,
of its determination.
If it is economically feasible to screen the junkyard, the
department shall screen the junkyard so that it will not be
visible from the main-traveled way of the highway. The
department is authorized to acquire by gift, purchase, exchange,
or condemnation such lands or interest in lands as may be
required for these purposes.
If it is not economically feasible to screen the junkyard,
the department shall acquire by purchase, gift, or condemnation
an interest in the real property used for junkyard purposes that
is visible from the main traveled way of the highway, restricting
any owner of the remaining interest to use of the real estate for
purposes other than a junkyard. In addition to compensation for
the real property interest, the operator of a junkyard shall
receive the actual reasonable expenses in moving his business
personal property to a location within the same general area
where a junkyard may be lawfully established, operated, and
maintained. This section shall be interpreted as being in
addition to all other rights and remedies of a junkyard owner or
operator and shall not be interpreted as a limitation on or
alteration of the law of compensation in eminent domain.
[1984 c 7 § 218; 1971 ex.s. c 101 § 4.]
NOTES:
Severability -- 1984 c 7: See note following RCW 47.01.141.