_______________________________________________
SUBSTITUTE
HOUSE BILL 1971
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 2001 Regular Session
State
of Washington 57th Legislature 2001 Regular Session
By
Read
first time . Referred to Committee on .
Allowing certified real estate appraisers to appraise
school district property.
AN
ACT Relating to allowing state certified appraisers to appraise school district
properties; and amending RCW 28A.335.090 and 28A.335.120.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
28A.335.090 and 1995 c 358 s 1 are each amended to read as follows:
(1)
The board of directors of each school district shall have exclusive control of
all school property, real or personal, belonging to the district; said board
shall have power, subject to RCW 28A.335.120, in the name of the district, to
convey by deed all the interest of their district in or to any real property of
the district which is no longer required for school purposes. Except as
otherwise specially provided by law, and RCW 28A.335.120, the board of
directors of each school district may purchase, lease, receive and hold real
and personal property in the name of the district, and rent, lease or sell the
same, and all conveyances of real estate made to the district shall vest title
in the district.
(2)
Any purchase of real property by a school district shall be preceded by a
market value appraisal by a professionally designated real estate appraiser as
defined in RCW 74.46.020 or by a general real estate appraiser certified
under chapter 18.140 RCW who was selected by the board of directors.
Sec.
2. RCW
28A.335.120 and 1995 c 358 s 2 are each amended to read as follows:
(1)
The board of directors of any school district of this state may:
(a)
Sell for cash, at public or private sale, and convey by deed all interest of
the district in or to any of the real property of the district which is no
longer required for school purposes; and
(b)
Purchase real property for the purpose of locating thereon and affixing thereto
any house or houses and appurtenant buildings removed from school sites owned
by the district and sell for cash, at public or private sale, and convey by
deed all interest of the district in or to such acquired and improved real
property.
(2)
When the board of directors of any school district proposes a sale of school
district real property pursuant to this section and the value of the property
exceeds seventy thousand dollars, the board shall publish a notice of its
intention to sell the property. The notice shall be published at least once
each week during two consecutive weeks in a legal newspaper with a general
circulation in the area in which the school district is located. The notice
shall describe the property to be sold and designate the place where and the
day and hour when a hearing will be held. The board shall hold a public
hearing upon the proposal to dispose of the school district property at the
place and the day and hour fixed in the notice and admit evidence offered for
and against the propriety and advisability of the proposed sale.
(3)
The board of directors of any school district desiring to sell surplus real
property shall publish a notice in a newspaper of general circulation in the
school district. School districts shall not sell the property for at least
forty-five days following the publication of the newspaper notice.
(4)
Private schools shall have the same rights as any other person or entity to
submit bids for the purchase of surplus real property and to have such bids
considered along with all other bids.
(5)
Any sale of school district real property authorized pursuant to this section
shall be preceded by a market value appraisal by a professionally designated
real estate appraiser as defined in RCW 74.46.020 or a general real estate
appraiser certified under chapter 18.140 RCW selected by the board of
directors and no sale shall take place if the sale price would be less than
ninety percent of the appraisal made by the ((professionally designated))
real estate appraiser: PROVIDED, That if the property has been on the market
for one year or more the property may be reappraised and sold for not less than
seventy-five percent of the reappraised value with the unanimous consent of the
board.
(6)
If in the judgment of the board of directors of any district the sale of real
property of the district not needed for school purposes would be facilitated
and greater value realized through use of the services of licensed real estate
brokers, a contract for such services may be negotiated and concluded:
PROVIDED, That the use of a licensed real estate broker will not eliminate the
obligation of the board of directors to provide the notice described in this
section: PROVIDED FURTHER, That the fee or commissions charged for any broker
services shall not exceed seven percent of the resulting sale value for a
single parcel: PROVIDED FURTHER, That any professionally designated real
estate appraiser as defined in RCW 74.46.020 or a general real estate
appraiser certified under chapter 18.140 RCW selected by the board to
appraise the market value of a parcel of property to be sold may not be a party
to any contract with the school district to sell such parcel of property for a
period of three years after the appraisal.
(7)
If in the judgment of the board of directors of any district the sale of real
property of the district not needed for school purposes would be facilitated
and greater value realized through sale on contract terms, a real estate sales
contract may be executed between the district and buyer: PROVIDED, That the
terms and conditions of any such sales contract must comply with rules and
regulations of the state board of education, herein authorized, governing
school district real property contract sales.
