_______________________________________________
SUBSTITUTE
SENATE BILL 5209
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Passed
Legislature - 2002 Regular Session
State of Washington 57th
Legislature 2002 Regular Session
By
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.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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.
Passed the Senate February 13, 2002.
Passed the House March 7, 2002.
Approved by the Governor
March 29, 2002.
Filed
in Office of Secretary of State March 29, 2002.
