_______________________________________________
HOUSE
BILL 1703
_______________________________________________
Passed
Legislature - 1999 Regular Session
State
of Washington 56th Legislature 1999 Regular Session
By
Read
first time 02/03/1999. Referred to Committee on Transportation.
Revising law governing the disposition of surplus real
property.
AN
ACT Relating to the disposition of state highway property; 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 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 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)
Regional transit authorities created under chapter 81.112 RCW;
(e)
The former owner of the property from whom the state acquired title;
(((e)))
(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;
(((f)))
(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;
(((g)))
(h) To any person through the solicitation of written bids through
public advertising in the manner prescribed by RCW 47.28.050;
(((h)))
(i) To any other owner of real property required for transportation
purposes; or
(((i)))
(j) 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.
Passed the House March 10, 1999.
Passed the Senate April 15, 1999.
Approved by the Governor May
7, 1999.
Filed
in Office of Secretary of State May 7, 1999.
