CERTIFICATION OF ENROLLMENT

HOUSE BILL 1972

Chapter 63, Laws of 2007

60th Legislature
2007 Regular Session



IRRIGATION DISTRICTS--FORECLOSURE SALES



EFFECTIVE DATE: 07/22/07

Passed by the House March 6, 2007
  Yeas 95   Nays 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate April 3, 2007
  Yeas 49   Nays 0


BRAD OWEN
________________________________________    
President of the Senate
 
CERTIFICATE

I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1972 as passed by the House of Representatives and the Senate on the dates hereon set forth.


RICHARD NAFZIGER
________________________________________    
Chief Clerk
Approved April 17, 2007, 9:46 a.m.








CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
April 17, 2007







Secretary of State
State of Washington


_____________________________________________ 

HOUSE BILL 1972
_____________________________________________

Passed Legislature - 2007 Regular Session
State of Washington60th Legislature2007 Regular Session

By Representatives Ross and Newhouse

Read first time 02/02/2007.   Referred to Committee on Agriculture & Natural Resources.



     AN ACT Relating to proceeds from irrigation district foreclosure sales; and amending RCW 87.06.080.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 87.06.080 and 1988 c 134 s 8 are each amended to read as follows:
     (1) The treasurer shall post notice of the foreclosure sale, at least ten days before the sale, at the following locations: At the courthouse of the county in which the property is located, at the district office, and at a public place in the district. The treasurer shall also publish, at least once and not fewer than ten days before the sale, the notice in any daily or weekly legal newspaper of general circulation in the district.
     (2) The notice shall be in substantially the following form:


     IRRIGATION ASSESSMENT JUDGMENT SALE


     Public notice is hereby given that pursuant to judgment, rendered on . . . . . ., of the superior court of the county of . . . . . . in the state of Washington, that I shall sell the property described below, at a foreclosure sale beginning at . . . . . . (time), on . . . . . . (date), at . . . . . . (location), in the city of . . . . . . . . . . ., and county of . . . . . . . . . . ., state of Washington. This sale is made in order to pay for delinquent assessments, costs, and interest owed to . . . . . . . . . . . The property will be sold to the highest and best bidder but bids will not be accepted for less than the minimum sale price set by the superior court. The minimum sale price is listed on the bid sheet, a copy of which is provided at the treasurer's office. Payment must be made at time of sale and must be by cash, bank cashier's check, or a negotiable instrument of equivalent security.
     Description of property: . . . . . . . . . . . .
     Interested parties and members of the public are invited to participate in this sale. This sale will not take place if by . . . . . . (time), on . . . . . . (date), the amount due . . . ., is paid in the manner specified by law.

. . . . . . . . . . . .
Treasurer for . . . . . . . . . . . .
Irrigation District
Date signed: . . . . . . . . . . . .

     (3) The treasurer shall conduct the sale in conformance with the notice and this chapter. If the sale is conducted by the county treasurer, no county or district officer or employee may directly or indirectly be a purchaser. If the irrigation district treasurer conducts the sale, no officer or employee of the district may directly or indirectly be a purchaser.
     (4) If the bid amount paid for the property is in excess of the lien amount for which the judgment has been rendered, plus any additional assessments, costs, and interest which have become due after the date of preparation of the certificate of delinquency and before the date of sale, then the excess shall be remitted, on application therefor, to the record owner of the property. The record owner of the property is the person who held title on the date of issuance of the certificate of delinquency. Assignments of interests, deeds, or other documents executed or recorded after filing the certificate of delinquency shall not affect the payment of excess funds to the record owner. If no claim for the excess is received by the treasurer within three years after the date of the sale, the treasurer, at expiration of the three-year period, shall deposit the excess in the current expense fund of the district.


         Passed by the House March 6, 2007.
         Passed by the Senate April 3, 2007.
         Approved by the Governor April 17, 2007.
         Filed in Office of Secretary of State April 17, 2007.