AN ACT Relating to updating timber sale process efficiencies and adopting consistent language for the department's land sales; amending RCW 79.15.070, 79.15.080, 79.15.150, and 79.11.340; and reenacting and amending RCW 79.11.130.
Sec. 1. RCW 79.11.130 and 2003 c 381 s 4 and 2003 c 334 s 346 are each reenacted and amended to read as follows:Notice—Pamphlet—List of lands to be sold—Certain valuable materials exempt.
(1) The department shall give notice of the sale by advertisement published not fewer than two times during a four-week period prior to the time of sale in at least one newspaper of general circulation in the county in which the whole, or any part of any lot, block, or tract of land to be sold is situated, and by posting a copy of the notice in a conspicuous place in on the department's Olympia office, public website and in the region headquarters administering such sale, and in the office of the county auditor of such county. The notice shall specify the place, date, and time of sale, the appraised value of the land, describe with particularity each parcel of land to be sold, and specify that the terms of sale will be available in the region headquarters and the department's Olympia office public website.
(2) The advertisement is for informational purposes only, and under no circumstances does the information in the notice of sale constitute a warranty that the purchaser will receive the stated values, volumes, or acreage. All purchasers are expected to make their own measurements, evaluations, and appraisals.
(3) The department shall print a list of all public lands and the appraised value thereof, that are to be sold. This list should be published in a pamphlet form to be issued made available at least four weeks prior to the date of any sale of the lands. The list should be organized by county and by alphabetical order, and provide sale information to prospective buyers. The department shall retain for free distribution in the Olympia office and the region offices sufficient copies of the pamphlet list, to be kept in a conspicuous place, and, when requested so to do, shall mail copies of the pamphlet list as issued to any requesting applicant. The department may seek additional means of publishing the information in the pamphlet list, such as on the internet, to increase the number of prospective buyers.
(4) The sale of valuable materials appraised at an amount not exceeding two hundred fifty thousand dollars, as described in RCW 79.01.200 and as authorized by the board of natural resources, are exempt from the requirements of subsection (3) of this section.
2003 c 381 s 4; 2003 c 334 s 346; 2001 c 250 s 7; 1982 1st ex.s. c 21 s 157; 1959 c 257 s 19; 1927 c 255 s 47; RRS s 7797-47. Prior: 1923 c 19 s 1; 1913 c 36 s 1; 1909 c 223 s 4; 1907 c 152 s 1; 1897 c 89 s 14; 1895 c 178 s 28. Formerly RCW 79.01.188, 79.12.310.
Reviser's note: *(1) RCW 79.01.200 was recodified as RCW 79.11.090 pursuant to 2003 c 334 s 556.(2) This section was amended by 2003 c 334 s 346 and by 2003 c 381 s 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.
County auditor, transfer of duties: RCW 79.02.090.
Sec. 2. RCW 79.15.070 and 2003 c 334 s 350 are each amended to read as follows:Time and date of sale.
It is the duty of the department to fix the date, time, and place of sale.
(1) All valuable materials shall have been appraised prior to the date fixed for sale as prescribed in RCW 79.15.060.
(2) No sale may be conducted on any day that is a legal holiday.
(3) Sales must be held between the hours of 10:00 a.m. and 4:00 p.m. If all sales cannot be offered within this time period, the sale must continue on the following day between the hours of 10:00 a.m. and 4:00 p.m.
(4) Sales must take place:
(a) At at the department's regional office region headquarters having jurisdiction over the respective sale; or
(b) On county property designated by the board of county commissioners or county legislative authority of the county in which the whole or majority of valuable materials are situated or at an alternate location designated by the department.
2003 c 334 s 350.
Intent—2003 c 334: See note following RCW 79.02.010.
Sec. 3. RCW 79.15.080 and 2006 c 42 s 2 are each amended to read as follows:Advertising sales of valuable materials.
(1) Sales, other than direct sales, appraised at an amount not exceeding two hundred fifty thousand dollars, when such sales have been authorized by the board for sale, shall be advertised by publishing not less than ten days prior to sale a notice of such sale in either a newspaper of general circulation located nearest to the property from which the valuable material is to be sold, the department's public website, or another method deemed most practical by the department.
(2) Except as provided in RCW 79.15.050 and for sales described in subsection (1) of this section, all other proposed sales of valuable materials must be advertised through individual notice of sale and publication of a statewide list of sales.
(a) The notice of sale:
(i) Must specify the place, date, and time of sale, the appraised value thereof, and describe with particularity each parcel of land from which valuable materials are to be sold. The estimated volume will be identified and the terms of sale will be available in the region headquarters and the department's Olympia office;
(ii) May prescribe that the bid deposit required in RCW 79.15.110 be considered an opening bid;
(iii) May be advertised by newspaper or by other means of publishing the information such as on the internet department's public website; and
(iv) Must be posted in a conspicuous place in the department's Olympia office and in the region headquarters administering the sale, and in the office of the county auditor of the county where the material is located.
(b) The department shall print make available a list of all valuable material on public lands that are to be sold. The list should be organized by county and by alphabetical order.
(i) The list should be published in a pamphlet form, issued made available upon request at least four weeks prior to the date of any sale and provide sale information to prospective buyers.
(ii) The department must retain for free distribution in the Olympia office and the region headquarters offices sufficient copies of the pamphlet list, to be kept in a conspicuous place, and, when requested to do so, must mail copies of the pamphlet as issued to any requesting applicant made available upon request.
(iii) The department may seek additional means of publishing the information in the pamphlet list, such as on the internet department's public website and other means of communication, to increase the number of prospective buyers.
(3) The department is authorized to expend any sum in additional advertising of the sales as it deems necessary.
2006 c 42 s 2; 2003 c 334 s 347.
Intent—2003 c 334: See note following RCW 79.02.010.
Sec. 4. RCW 79.15.150 and 2003 c 334 s 351 are each amended to read as follows:Reoffer.
A sale of valuable materials that has been offered, and for which there are no bids received, shall not be reoffered until it has been readvertised as prescribed in RCW 79.11.130 may be reoffered consistent with RCW 79.15.060 and 79.15.080(2)(a).
2003 c 334 s 351.
Intent—2003 c 334: See note following RCW 79.02.010.
Sec. 5. RCW 79.11.340 and 2023 c 383 s 11 are each amended to read as follows:Sale of acquired lands.
(1) Except as provided in RCW 79.10.030(2), the department shall manage and control all lands acquired by the state by escheat, deed of sale, gift, devise, or under RCW 79.19.010 through 79.19.110, except such lands that are conveyed or devised to the state for a particular purpose.
(2) Except as provided in RCW 79.19.030(4), when the department determines to sell or transfer the lands, they may initially , with approval of the board of natural resources:
(a) Initially be offered for sale either at public auction or;
(b) Offer the lands for direct transfer to public agencies as provided in RCW 79.17.200 or this chapter.
(3) The department may, with; and
(c) With approval of the board, market and sell the lands at auction through persons licensed under chapter 18.85 RCW or through other commercially feasible means at a price not lower than the land's appraised value.
(3) The lands to be sold or transferred under subsection (2) of this section shall be sold or transferred only after appraisal and for at least fair market value, and only if such transaction is in the best interest of the state or affected trust.
(4) Necessary marketing costs may be paid from the sale proceeds. For the purpose of this subsection, necessary marketing costs include reasonable costs associated with advertising the property and paying commissions.
(5) Proceeds of the sale shall be deposited into the appropriate fund in the state treasury unless the grantor in any deed or the testator in case of a devise specifies that the proceeds of the sale be devoted to a particular purpose.
2023 c 383 s 11; 2003 c 334 s 399.
Findings—2023 c 383: See note following RCW 79.17.300.
Intent—2003 c 334: See note following RCW 79.02.010.