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                            ENGROSSED SENATE BILL 6161

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State of Washington              52nd Legislature             1992 Regular Session

By Senators Oke and Sutherland; by request of Department of Natural Resources

Read first time 01/20/92.  Referred to Committee on Environment & Natural Resources.Allowing the nonpermanent disposition of public lands.

     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 any real property administered 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) The department of natural resources may with the approval of the board of natural resources make direct transfers or dispositions of real property, without public auction, including transfers in lieu of condemnations, transfers to public agencies, and transfers to resolve trespass and property ownership disputes, where such transfers or dispositions are nonpermanent.  Real property transfers or dispositions shall be deemed to be nonpermanent transfers or dispositions where the consideration transferred or paid for the transfer or disposal is deposited into the natural resources real property replacement account under section 1 of this act and used by the department to acquire replacement real property.  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.

     (2) 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.

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.