Z-0608.1  _______________________________________________

                         SENATE BILL 5312

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senators Wood, Haugen and Prince; by request of Department of Transportation

Read first time 01/22/97.  Referred to Committee on Transportation.

Facilitating sale of materials from department of transportation lands.

    AN ACT Relating to sale of materials from department of transportation lands; and amending RCW 47.12.140.

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

    Sec. 1.  RCW 47.12.140 and 1981 c 260 s 12 are each amended to read as follows:

    (((1) Except as otherwise provided in subsection (2) of this section,)) Whenever the department ((shall have)) has acquired any lands for ((highway)) transportation purposes, except state granted lands, upon which are located any structures, timber, or other thing of value attached to the land((, which)) that the department ((shall)) deems it best to sever from the land and sell as personal property, the same may be ((sold)) disposed of by one of the following means:

(1) The department may sell the personal property at public auction after due notice ((thereof shall have)) has been given in accordance with general ((regulations)) rules adopted by the secretary.  The department may set minimum prices that will be accepted for any item offered for sale at public auction as ((herein)) provided in this section and may prescribe terms or conditions of sale ((and, in the event that any)).  If an item ((shall be)) is offered for sale at ((such)) the auction and ((for which)) no satisfactory bids ((shall be)) are received or ((for which)) the amount bid ((shall be)) is less than the minimum set by the department, ((it shall be lawful for)) the department ((to)) may sell ((such)) the item at private sale for the best price ((which)) that it deems obtainable, but ((at)) not less than the highest price bid at the public auction.  The proceeds of all sales under this section ((shall)) must be placed in the motor vehicle fund.

    (2) The department may issue permits to residents of this state to remove specified quantities of standing or downed trees and shrubs, rock, sand, gravel, or soils ((which)) that have no market value in place and ((which)) that the department desires to be removed from state-owned lands ((which)) that are under the jurisdiction of the department.  An applicant for ((such)) a permit must certify that the materials so removed are to be used by ((himself)) the applicant and that they will not be disposed of to any other person.  Removal of materials ((pursuant to)) under the permit ((shall)) must be in accordance with ((such regulations as)) rules adopted by the department ((shall prescribe)).  The fee for a permit ((shall be)) is two dollars and fifty cents, which ((shall)) fee must be deposited in the motor vehicle fund.  The department may adopt ((regulations)) rules providing for special access to limited access facilities for the purpose of removal of materials ((pursuant to)) under permits authorized in this section.

(3) The department may sell timber or logs to an abutting landowner for cash at full appraised value, but only after each other abutting 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 owner requests in writing the right to purchase the timber within fifteen days after receiving notice of the proposed sale, the timber must be sold in accordance with subsection (1) of this section.

(4) The department may sell timber or logs having an appraised value of one thousand dollars or less directly to the applicant for cash at full appraised value without notice or advertising.

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