BILL REQ. #:  H-3594.3 

Prefiled 12/22/09. Read first time 01/11/10.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to purchase of land by the department of fish and wildlife; amending RCW 77.12.037; and adding a new section to chapter 77.12 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 77.12 RCW to read as follows:
     (1) The department may not purchase a privately owned parcel of land in excess of five contiguous acres, or multiple parcels that together exceed five contiguous acres in size, in any county in which public land, federal land, and tribal land together constitute more than seventy percent of the total upland land mass of the county, except under the provisions of subsection (2) of this section.
     (2) The department may purchase more than five contiguous acres under the provisions of this section if:
     (a) The legislature takes specific action directing the department to make the purchase; and
     (b) The appropriate county legislative authority or authorities consent to the transaction.
     (3) When any land is purchased by the department, the department must post a bond or otherwise financially guarantee that the land will be managed for the control of noxious weeds and the maintenance of forest health. The bond or financial guarantee is to be determined by the appropriate county legislative authority and must be based upon the size of the parcel.
     (4) Nothing in this section affects the ability of the department to enter into a long-term lease or easement that secures public access to private property.

Sec. 2   RCW 77.12.037 and 2000 c 107 s 4 are each amended to read as follows:
     (1) Consistent with section 1 of this act, the commission may acquire by gift, easement, purchase, lease, or condemnation lands, buildings, water rights, rights-of-way, or other necessary property, and construct and maintain necessary facilities for purposes consistent with this title. The commission may authorize the director to acquire property ((under)) consistent with section 1 of this act and this section, but the power of condemnation may only be exercised by the director when an appropriation has been made by the legislature for the acquisition of a specific property, except to clear title and acquire access rights-of-way.
     (2) The commission may sell, lease, convey, or grant concessions upon real or personal property under the control of the department.