Summary

King County is taking steps to remove private property encroachments from a 3.6-mile-long stretch of the publicly-owned East Lake Sammamish Trail corridor, and seeking legal affirmation of public ownership of the corridor’s shorelands in federal court.

Story

As it prepares for construction in 2021 on the last undeveloped portion of the East Lake Sammamish Trail, King County is notifying trailside property owners this week to remove personal property from the construction zone of the publicly-owned trail corridor by the end of September 2020.

The early notice provides property owners alongside this 3.6-mile portion of the trail with ample time to make arrangements for removing structures, landscaping, and other encroachments.

Also this week, by taking legal action against eight property owners within the trail corridor, including six lake dock owners, the county is asking the federal court to affirm the public’s ownership rights to the shoreland portions of the railroad easement that the county purchased in 1998. 

“We are taking steps now to make sure we can open up the long-awaited final segment of this regional public trail as soon as possible,” said Christie True, Director of the King County Department of Natural Resources and Parks. “We have utmost confidence in the public’s ownership of this property, but rather than await more legal challenges that serve only to delay the project, we are proactively seeking final affirmation in federal court.” 

Some trailside property owners along this portion of the interim East Lake Sammamish Trail have enjoyed exclusive use of publicly-owned property for years, and in some cases decades, by building unpermitted landscaping, fencing, parking areas and stairs – even private sport courts and boat docks. These private unpermitted uses are illegal. 

In 2016, a federal judge ruled that King County possesses all property rights in the trail corridor to build, operate, and maintain a trail.  This ruling was affirmed by the Ninth Circuit Court of Appeals in 2018. In 2017, as part of the trail permitting process, property owners with encroachments into the public trail corridor were informed that they were on public property without permission.

The public’s ownership of the corridor has withstood multiple legal challenges over the years, however the ownership question came up again when a homeowner challenged King County’s ownership of shorelands through a state land use appeal. The county is seeking reaffirmation of public shorelands ownership so these questions do not stall trail construction.

As for encroachments in the construction zone, any structures remaining after the September deadline will be removed by King County or a contractor at owner expense. King County Parks will work with the approximately 150 adjacent property owners to ensure their private property is removed from public land.

King County purchased the former Burlington Northern Santa Fe railroad corridor in 1998 for the purpose of building a regional trail to connect the growing cities of Issaquah, Sammamish, and Redmond. The county completed an interim soft surface trail in 2006 and has been working on building a paved trail with additional amenities since then.

The final segment of interim East Lake Sammamish Trail to be developed from an interim soft-surface trail to a paved master planned trail stretches from Southeast 33rd Street to Inglewood Hill Road. 

This portion of the trail will be closed for construction beginning spring 2021 until completion, which is expected in 2023 – closing the last remaining gap in the 44-mile-long “Locks to Lakes Corridor” of paved regional trails. When completed, residents will be able to travel from Ballard to the Cascade foothills all in one continuous, non-road, paved path.

Relevant links

- East Lake Sammamish Trail website
- East Lake Sammamish Trail factsheet

Quotes

FOR MORE INFORMATION, CONTACT:
Doug Williams, King County Department of Natural Resources and Parks, 206-477-4543

About King County Parks
King County Parks - Your Big Backyard - offers more than 200 parks and 28,000 acres of open space, including such regional treasures as Marymoor Park and Cougar Mountain Regional Wildland Park, 175 miles of regional trails, 215 miles of backcountry trails and a world-class aquatic center. King County Parks cultivates strong partnerships with public, private, and non-profit entities that leverage public dollars, enhance public recreation opportunities, and involve King County residents in the stewardship of King County’s open space and recreation assets.