Passed by the Senate April 20, 2011 YEAS 47   ________________________________________ President of the Senate Passed by the House April 7, 2011 YEAS 93   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5658 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/23/11.
AN ACT Relating to the sale or exchange of surplus real property by the department of transportation; amending RCW 47.12.063 and 47.12.063; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 47.12.063 and 2010 c 157 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 person
through the solicitation of written bids through public advertising in
the manner prescribed under RCW 47.28.050 or in the manner prescribed
under RCW 47.12.283.
(3) The department may forego the processes prescribed by RCW
47.28.050 and 47.12.283 and sell the real property to any of the
following ((governmental)) entities or persons at fair market value:
(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;)) To any other owner of real property required for
transportation purposes;
(i)
(((j))) (i) 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;
(((k))) (j) A federally qualified community health center as
defined in RCW 82.04.4311; or
(((l))) (k) A federally recognized Indian tribe within whose
reservation boundary the property is located.
(((3))) (4) When selling real property pursuant to RCW 47.12.283,
the department may withhold or withdraw the property from an auction
when requested by one of the entities or persons listed in subsection
(3) of this section and only after the receipt of a nonrefundable
deposit equal to ten percent of the fair market value of the real
property or five thousand dollars, whichever is less. This subsection
does not prohibit the department from exercising its discretion to
withhold or withdraw the real property from an auction if the
department determines that the property is no longer surplus or chooses
to sell the property through one of the other means listed in
subsection (2) of this section. If a transaction under this subsection
is not completed within sixty days, the real property must be put back
up for sale.
(5) 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)) and Title 39 RCW, as
applicable, and must comply with all other applicable laws and rules.
(((4))) (6) Conveyances made pursuant to this section shall be by
deed executed by the secretary of transportation and shall be duly
acknowledged.
(((5))) (7) Unless otherwise provided, 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.
Sec. 2 RCW 47.12.063 and 2006 c 17 s 2 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 person
through the solicitation of written bids through public advertising in
the manner prescribed under RCW 47.28.050 or in the manner prescribed
under RCW 47.12.283.
(3) The department may forego the processes prescribed by RCW
47.28.050 and 47.12.283 and sell the real property to any of the
following ((governmental)) entities or persons at fair market value:
(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;)) To any other owner of real property required for
transportation purposes;
(i)
(((j))) (i) 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))) (j) A federally recognized Indian tribe within whose
reservation boundary the property is located.
(((3))) (4) When selling real property pursuant to RCW 47.12.283,
the department may withhold or withdraw the property from an auction
when requested by one of the entities or persons listed in subsection
(3) of this section and only after the receipt of a nonrefundable
deposit equal to ten percent of the fair market value of the real
property or five thousand dollars, whichever is less. This subsection
does not prohibit the department from exercising its discretion to
withhold or withdraw the real property from an auction if the
department determines that the property is no longer surplus or chooses
to sell the property through one of the other means listed in
subsection (2) of this section. If a transaction under this subsection
is not completed within sixty days, the real property must be put back
up for sale.
(5) 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)) and Title 39 RCW, as
applicable, and must comply with all other applicable laws and rules.
(((4))) (6) Conveyances made pursuant to this section shall be by
deed executed by the secretary of transportation and shall be duly
acknowledged.
(((5))) (7) Unless otherwise provided, 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. 3 Section 1 of this act expires June 30, 2012.
NEW SECTION. Sec. 4 Section 2 of this act takes effect June 30,
2012.