SUBSTITUTE SENATE BILL 5209





                        57th Legislature

                      2002 Regular Session


Passed by the Senate February 13, 2002

  YEAS 46   NAYS 0




President of the Senate


Passed by the House March 7, 2002

  YEAS 94   NAYS 0



I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SUBSTITUTE SENATE BILL 5209 as passed by the Senate and the House of Representatives on the dates hereon set forth.




Speaker of the

      House of Representatives









Approved Place Style On Codes above, and Style Off Codes below.  





Governor of the State of Washington

                   Secretary of State

                  State of Washington



                    SUBSTITUTE SENATE BILL 5209



             Passed Legislature - 2002 Regular Session


State of Washington   57th Legislature        2002 Regular Session


By Senate Committee on Transportation (originally sponsored by Senators T. Sheldon, Swecker, Regala, Rossi, Prentice and Costa)


READ FIRST TIME 01/22/2002.

Allowing federally recognized Indian tribes to buy surplus real property from the department of transportation. 

    AN ACT Relating to the sale of surplus real property by the department of transportation; amending RCW 47.12.063; and adding a new section to chapter 47.12 RCW.




    Sec. 1.  RCW 47.12.063 and 1999 c 210 s 1 are each amended to read as follows:

    (1) It is the intent of the legislature to continue the department's policy giving priority consideration to abutting property owners in agricultural areas when disposing of property through its surplus property program under this section.

    (2) Whenever the department determines that any real property owned by the state of Washington and under the jurisdiction of the department is no longer required for transportation purposes and that it is in the public interest to do so, the department may sell the property or exchange it in full or part consideration for land or improvements or for construction of improvements at fair market value to any of the following governmental entities or persons:

    (a) Any other state agency;

    (b) The city or county in which the property is situated;

    (c) Any other municipal corporation;

    (d) Regional transit authorities created under chapter 81.112 RCW;

    (e) The former owner of the property from whom the state acquired title;

    (f) In the case of residentially improved property, a tenant of the department who has resided thereon for not less than six months and who is not delinquent in paying rent to the state;

    (g) Any abutting private owner but only after each other abutting private 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 private owner requests in writing the right to purchase the property within fifteen days after receiving notice of the proposed sale, the property shall be sold at public auction in the manner provided in RCW 47.12.283;

    (h) To any person through the solicitation of written bids through public advertising in the manner prescribed by RCW 47.28.050;

    (i) To any other owner of real property required for transportation purposes; ((or))

    (j) In the case of property suitable for residential use, any nonprofit organization dedicated to providing affordable housing to very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510 and is eligible to receive assistance through the Washington housing trust fund created in chapter 43.185 RCW; or

    (k) A federally recognized Indian tribe within whose reservation boundary the property is located.

    (3) Sales to purchasers may at the department's option be for cash, by real estate contract, or exchange of land or improvements.  Transactions involving the construction of improvements must be conducted pursuant to chapter 47.28 RCW or Title 39 RCW, as applicable, and must comply with all other applicable laws and rules.

    (4) Conveyances made pursuant to this section shall be by deed executed by the secretary of transportation and shall be duly acknowledged.

    (5) All moneys received pursuant to the provisions of this section less any real estate broker commissions paid pursuant to RCW 47.12.320 shall be deposited in the motor vehicle fund.


    NEW SECTION.  Sec. 2.  A new section is added to chapter 47.12 RCW to read as follows:

    For the purposes of this chapter "reservation boundary" means the boundary of the reservation as established by federal law or under the authority of the United States Secretary of the Interior.


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