H-1216.1  _______________________________________________

                          HOUSE BILL 1627

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Pflug, Haigh, K. Schmidt, DeBolt, Fisher, Lovick, McDonald, G. Chandler, Skinner, Hankins, Mitchell, Fortunato, Thomas and Cooper

Read first time 02/01/1999.  Referred to Committee on Transportation.

Requiring the surplus real property to be offered first to the former owner.

    AN ACT Relating to the surplus real property program; and amending RCW 47.12.063.

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

    Sec. 1.  RCW 47.12.063 and 1993 c 461 s 11 are each amended to read as follows:

    (1) It is the intent of the legislature to continue the department's policy giving priority consideration first to the former owner of the property from whom the state acquired title, then 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 shall first offer to sell the property or otherwise dispose of the property for legal and sufficient consideration to the former owner of the property from whom the state acquired title; if the former owner does not wish to reacquire the property, 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) ((The former owner of the property from whom the state acquired title;

    (e))) 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;

    (((f))) (e) 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;

    (((g))) (f) To any person through the solicitation of written bids through public advertising in the manner prescribed by RCW 47.28.050;

    (((h))) (g) To any other owner of real property required for transportation purposes; or

    (((i))) (h) 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.

    (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.

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