Utility Rent for Use of Rights-of-Way Court Rule. On August 1, 2018, King County Superior Court Judge Samuel Chung issued an oral ruling granting summary judgment to water, sewer and electric utilities that King County cannot charge the utilities rent for the use of county roads and rights-of-way. A formal order reflecting the Court’s decision will be prepared and presented to the Court in the near future.
Utility Rent for Use of Rights-of-Way Court Rule
On November 7, 2016, the King County Council adopted Ordinance 18403 purporting to authorize the imposition and collection of “rent” from water, sewer, gas and electric utilities using county roads and rights-of-way. The County anticipated the Ordinance would generate $10,000,000 per year for the County’s general fund. On December 29, 2017, King County’s Facilities Management Division adopted Rules for Determining Franchise Compensation intended to implement the Ordinance. The Rules went into effect on January 29, 2018.