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Crowdog
05-27-2005, 07:33 AM
County can sell ORV park

A couple of paragraphs inserted into Section 304 of the state operating budget takes away the state's right to sue Thurston County over the operation of the off-road vehicle park. The budget proviso, deftly inserted by Sen. Karen Fraser, D-Thurston County, sets two pivotal dates:

The county has until June 30, 2006, to transfer ownership of the park to another government entity -- either a state agency or local government.

If the county doesn't transfer ownership of the property and facilities by the deadline, the county has until June 30, 2007, to sell the park and send the money back to the Interagency Committee for Outdoor Recreation.
If the county meets either deadline, then the state must drop its lawsuit against the county, ending an unnecessary and costly court battle.

It's the best possible outcome for this nasty tiff that has driven wedges between the IAC and Thurston County commissioners. Nearby property owners and off-road vehicle enthusiasts -- folks who ride motorcycles, three-wheelers or quads -- have been caught in the middle.

The deadlines imposed in the state budget, coupled with a deadline of Nov. 30 this year to continue the park's operating permit, should lead to a speedy resolution.

Let's hope so. This contentious issue has lingered long enough.

The 150-acre park that straddles the Thurston and Grays Harbor county line had been in operation for 25 years when county commissioners closed the park Nov. 30, 2002. The vote for closure was 2-1. Two people had died and 33 people were seriously injured in the previous two years, and commissioners said liability and other concerns forced their hand.

From the date of the closure onward, commissioners have battled with the Interagency Committee for Outdoor Recreation. The state had given money to the two counties to purchase the property and to operate it. The IAC sued the county seeking reimbursement of $1.6 million in grant money awarded to the county.

Fraser criticized the lawsuit as unfair and extravagant. She entered the 2005 session intent on stripping the IAC of its right to sue the county.

Her budget language gives the county two outs: transfer the property (with IAC approval) to another government entity or sell the park. Money from the sale would go back into the IAC fund, with a preferable use to develop another off-road vehicle park somewhere in Western Washington.

But the county might not have to sell.

Grays Harbor County commissioners have expressed interest in operating the park.

While Fraser sees the liability issue as the major hurdle, Bob Beerbower, a Grays Harbor commissioner, minimizes the liability issue. "I feel we have almost the same liability on our county roads," he said. "People get to drinking, speeding, they have a wreck. As soon as they get out of the hospital, they find a lawyer. At least when people are racing, they should have the responsibility on their dime because they're racing or riding a motorcycle."

The first obstacle for Grays Harbor commissioners is to get a permit to operate the park. That deadline is Nov. 30 of this year, and given environmental policies and other considerations, that could be a huge challenge.

If Grays Harbor is unable to assume ownership of the ORV Park, Thurston County Administrator Don Krupp said he does not believe the county will have any problem selling the property.

Fraser has given the county two years to resolve the issue -- a deadline Krupp has no intention of missing.

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