S-1446.1 _______________________________________________
SUBSTITUTE SENATE BILL 5312
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Senate Committee on Transportation (originally sponsored by Senators Wood, Haugen and Prince; by request of Department of Transportation)
Read first time 02/11/97.
AN ACT Relating to sale of materials from department of transportation lands; and amending RCW 47.12.140.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 47.12.140 and 1981 c 260 s 12 are each amended to read as follows:
(((1)
Except as otherwise provided in subsection (2) of this section,)) Whenever
the department ((shall have)) has acquired any lands for ((highway))
transportation purposes, except state granted lands, upon which are
located any structures, timber, or other thing of value attached to the
land((, which)) that the department ((shall)) deems
it best to sever from the land and sell as personal property, the same may be ((sold))
disposed of by one of the following means:
(1)
The department may sell the personal property at public auction
after due notice ((thereof shall have)) has been given in
accordance with general ((regulations)) rules adopted by the
secretary. The department may set minimum prices that will be accepted for any
item offered for sale at public auction as ((herein)) provided in
this section and may prescribe terms or conditions of sale ((and, in the
event that any)). If an item ((shall be)) is offered
for sale at ((such)) the auction and ((for which)) no
satisfactory bids ((shall be)) are received or ((for which))
the amount bid ((shall be)) is less than the minimum set by the
department, ((it shall be lawful for)) the department ((to)) may
sell ((such)) the item at private sale for the best price ((which))
that it deems obtainable, but ((at)) not less than the
highest price bid at the public auction. The proceeds of all sales under this
section ((shall)) must be placed in the motor vehicle fund.
(2)
The department may issue permits to residents of this state to remove specified
quantities of standing or downed trees and shrubs, rock, sand, gravel, or soils
((which)) that have no market value in place and ((which))
that the department desires to be removed from state-owned lands
((which)) that are under the jurisdiction of the department. An
applicant for ((such)) a permit must certify that the materials so
removed are to be used by ((himself)) the applicant and that they
will not be disposed of to any other person. Removal of materials ((pursuant
to)) under the permit ((shall)) must be in accordance
with ((such regulations as)) rules adopted by the department ((shall
prescribe)). The fee for a permit ((shall be)) is two
dollars and fifty cents, which ((shall)) fee must be
deposited in the motor vehicle fund. The department may adopt ((regulations))
rules providing for special access to limited access facilities for the
purpose of removal of materials ((pursuant to)) under permits
authorized in this section.
(3) The department may sell timber or logs to an abutting landowner for cash at full appraised value, but only after each other abutting owner (if any), as shown in the records of the county assessor, is notified in writing of the proposed sale. If more than one abutting owner requests in writing the right to purchase the timber within fifteen days after receiving notice of the proposed sale, the timber must be sold in accordance with subsection (1) of this section.
(4) The department may sell timber or logs having an appraised value of one thousand dollars or less directly to interested parties for cash at full appraised value without notice or advertising. In the instance where the timber is attached to state-owned land, the department is required to issue a permit to those parties interested in purchasing the timber to allow for the removal of the materials from state land. The permit fee is two dollars and fifty cents.
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