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Cowlitz County moves to clear title, start condemnation for Allender Road culvert project

Cowlitz County Board of Commissioners · July 14, 2026
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Summary

County staff told commissioners they have funding to replace a 1953 double-box culvert on Allender Road (85% funded by the Brian Abbott Fish Barrier Removal Board, 15% county match) but lack clear title to one parcel; the board authorized initiating condemnation and title‑clearing steps.

The Cowlitz County Board of Commissioners voted to authorize initiation of condemnation and title‑clearing proceedings for the Allender Road culvert replacement project after staff said right‑of‑way was secured from all but one parcel.

County engineer Susan Eugenis told the board the project replaces a 1953 double-box culvert at the Stillwater Creek crossing. "Eighty-five percent of the funding for this replacement is coming from the Brian Abbott Fish Barrier Removal Board," Eugenis said, and the county would provide a 15% match. Eugenis said design began in late 2021 and the project later secured construction funding in the 2025–2027 biennium.

Staff reported they have negotiated compensation with contacts for the affected parcel but cannot obtain clear title because the property is tied up in probate. Kenneth Williams, who has acted as special counsel for the project, said the immediate problem is a title-clearing/probate issue rather than disagreement on compensation: "The issue that we're having hasn't been the compensation... This is a title clearing issue because this should be in probate, but it isn't in probate," Williams said. (Kenneth Williams, special counsel)

Public-works staff said they typically seek temporary easements for three to five years for in‑water work and mitigate/compensate for trees or fences removed; appraisals and an administrative settlement process are used to set compensation and owners can obtain an independent appraisal (county pays the statutory $750 fee). After discussion, a commissioner moved to take final action to initiate condemnation proceedings at 221 Eleanor Road for the project; the board approved by voice vote.

The motion authorizes the prosecuting attorney to proceed with special counsel and title‑clearing steps so the county can obtain the permanent and temporary easements needed for construction. Staff said the temporary easement will revert to the owner at the end of construction or the term of the easement.