H-4670.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2533
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State of Washington 52nd Legislature 1992 Regular Session
By House Committee on Natural Resources & Parks (originally sponsored by Representatives Riley, Rasmussen, Wynne and Morton; by request of Department of Natural Resources)
Read first time 02/07/92.
AN ACT Relating to the disposition of real property by the commissioner of public lands; adding a new section to chapter 43.30 RCW; adding a new section to chapter 79.01 RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 43.30 RCW to read as follows:
(1) The legislature finds that the department of natural resources has a need to maintain the real property asset base it manages and needs an accounting mechanism to complete transactions without reducing the real property asset base.
(2) The natural resources real property replacement account is created in the state treasury. This account shall consist of funds transferred or paid for the nonpermanent disposal or transfer of real property by the department of natural resources under section 2 of this act. The funds in this account shall be used solely for the acquisition of replacement real property. The disbursement from the account shall be on the authorization of the commissioner of public lands or the commissioner's designee without necessity of appropriation.
NEW SECTION. Sec. 2. A new section is added to chapter 79.01 RCW to read as follows:
(1) For the purposes of this section, "public agency" means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi-municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; and any Indian tribe recognized as such by the federal government.
(2) With the approval of the board of natural resources, the department of natural resources may directly transfer or dispose of real property, without public auction, in the following circumstances:
(a) Transfers in lieu of condemnations;
(b) Transfers to public agencies; and
(c) Transfers to resolve trespass and property ownership disputes.
(3) Real property transfers or dispositions made under this section must be nonpermanent. Such transfers or dispositions shall be deemed nonpermanent transfers or dispositions when the consideration transferred or paid is deposited into the natural resources real property replacement account created under section 1 of this act and used by the department to acquire replacement real property.
(4) Real property to be transferred or disposed of under this section shall be transferred or disposed of only after appraisal and for at least fair market value, and only if such transaction is in the best interest of the state or affected trust.
NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.