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SUBSTITUTE HOUSE BILL 1971
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AS AMENDED BY THE SENATE
Passed Legislature - 2001 Regular Session
State of Washington 57th Legislature 2001
Regular Session
By
Read first time . Referred to Committee on .
Allowing certified real
estate appraisers to appraise school district property.
AN ACT Relating to
allowing state certified appraisers to appraise school district properties; and
amending RCW 28A.335.090 and 28A.335.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 28A.335.090 and 1995
c 358 s 1 are each amended to read as follows:
(1) The board of
directors of each school district shall have exclusive control of all school
property, real or personal, belonging to the district; said board shall have
power, subject to RCW 28A.335.120, in the name of the district, to convey by
deed all the interest of their district in or to any real property of the
district which is no longer required for school purposes. Except as otherwise
specially provided by law, and RCW 28A.335.120, the board of directors of each
school district may purchase, lease, receive and hold real and personal
property in the name of the district, and rent, lease or sell the same, and all
conveyances of real estate made to the district shall vest title in the
district.
(2) Any purchase of
real property by a school district shall be preceded by a market value
appraisal by a professionally designated real estate appraiser as defined in
RCW 74.46.020 or by a general real estate appraiser certified under chapter
18.140 RCW who was selected by the board of directors.
Sec. 2. RCW 28A.335.120 and 1995
c 358 s 2 are each amended to read as follows:
(1) The board of
directors of any school district of this state may:
(a) Sell for cash, at
public or private sale, and convey by deed all interest of the district in or
to any of the real property of the district which is no longer required for
school purposes; and
(b) Purchase real
property for the purpose of locating thereon and affixing thereto any house or
houses and appurtenant buildings removed from school sites owned by the
district and sell for cash, at public or private sale, and convey by deed all
interest of the district in or to such acquired and improved real property.
(2) When the board of
directors of any school district proposes a sale of school district real
property pursuant to this section and the value of the property exceeds seventy
thousand dollars, the board shall publish a notice of its intention to sell the
property. The notice shall be published at least once each week during two
consecutive weeks in a legal newspaper with a general circulation in the area
in which the school district is located. The notice shall describe the
property to be sold and designate the place where and the day and hour when a
hearing will be held. The board shall hold a public hearing upon the proposal
to dispose of the school district property at the place and the day and hour
fixed in the notice and admit evidence offered for and against the propriety
and advisability of the proposed sale.
(3) The board of
directors of any school district desiring to sell surplus real property shall
publish a notice in a newspaper of general circulation in the school district.
School districts shall not sell the property for at least forty-five days
following the publication of the newspaper notice.
(4) Private schools
shall have the same rights as any other person or entity to submit bids for the
purchase of surplus real property and to have such bids considered along with
all other bids.
(5) Any sale of school
district real property authorized pursuant to this section shall be preceded by
a market value appraisal by a professionally designated real estate appraiser
as defined in RCW 74.46.020 or a general real estate appraiser certified
under chapter 18.140 RCW selected by the board of directors and no sale
shall take place if the sale price would be less than ninety percent of the
appraisal made by the ((professionally designated)) real estate
appraiser: PROVIDED, That if the property has been on the market for one year
or more the property may be reappraised and sold for not less than seventy-five
percent of the reappraised value with the unanimous consent of the board.
(6) If in the judgment
of the board of directors of any district the sale of real property of the
district not needed for school purposes would be facilitated and greater value
realized through use of the services of licensed real estate brokers, a
contract for such services may be negotiated and concluded: PROVIDED, That the
use of a licensed real estate broker will not eliminate the obligation of the
board of directors to provide the notice described in this section: PROVIDED
FURTHER, That the fee or commissions charged for any broker services shall not
exceed seven percent of the resulting sale value for a single parcel: PROVIDED
FURTHER, That any professionally designated real estate appraiser as defined in
RCW 74.46.020 or a general real estate appraiser certified under chapter
18.140 RCW selected by the board to appraise the market value of a parcel
of property to be sold may not be a party to any contract with the school
district to sell such parcel of property for a period of three years after the
appraisal.
(7) If in
the judgment of the board of directors of any district the sale of real
property of the district not needed for school purposes would be facilitated
and greater value realized through sale on contract terms, a real estate sales
contract may be executed between the district and buyer: PROVIDED, That the
terms and conditions of any such sales contract must comply with rules and
regulations of the state board of education, herein authorized, governing
school district real property contract sales.
