BILL REQ. #: H-3947.2
State of Washington | 59th Legislature | 2006 Regular Session |
Read first time 01/12/2006. Referred to Committee on State Government Operations & Accountability.
AN ACT Relating to the sale of public lands; and adding a new chapter to Title 42 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A public agency, as that term is defined in
RCW 42.30.020, may not sell real property or otherwise permanently
transfer title of real property to a private person or private entity
unless the public agency can show a compelling economic development
necessity justifying the sale or transfer at that time. A public
agency can satisfy the compelling economic development threshold if it
can demonstrate that the present act of selling the property is of a
greater public benefit than holding the land as a tangible asset or an
intangible future asset that may be used for a public benefit.
NEW SECTION. Sec. 2 (1) A public agency, as that term is defined
in RCW 42.30.020, that satisfies the requirements of section 1 of this
act may not permanently transfer title of real property to a private
individual or private entity until the public agency has made public in
a manner consistent with this section:
(a) A notice to divest interest in the property and the
justification for a compelling economic development necessity for
thirty days; and
(b) The final sale price, all terms of the sale, and any changes to
the justification for a compelling economic development necessity for
sixty days.
(2) The final notice to divest, sale price, sales terms, and
justification for a compelling economic development must be:
(a) Published at least once in a newspaper of general circulation
published in the county where the real property to be sold is located;
and
(b) Published on the internet web site managed by the public
agency.
(3) The public agency proposing the transfer of real property must
provide a process that allows all interested parties, including
organizations concerned with good government and public accountability,
to comment on the specifics of the proposed transaction.
NEW SECTION. Sec. 3 (1) Any interested party that comments on a
proposed transfer of real property from a public agency to a private
individual or entity under section 2 of this act may file suit in the
superior court of the county in which the real property to be sold is
located prior to the end of the sixty-day notice period required of the
public agency by section 2 of this act.
(2) If a suit is filed under this section, the public agency
proposing the sale or title transfer may not execute the transfer of
the real property until a final judgment in the suit is reached.
(3) The court may issue an injunction against the public agency if
the interested party bringing an action under this section can show by
a preponderance of the evidence that there is not a compelling economic
development necessity justifying the sale or transfer at that time
proposed by the public agency, or that the final sale price and sales
terms are not in the best interest of the public.
(4) If the court issues an injunction, the public agency may not
complete the proposed sale or title transfer that was the subject of
the suit.
NEW SECTION. Sec. 4 A public agency that satisfies the
requirements of section 1 of this act to sell or transfer title of real
property to a private individual or entity must instead sell or
transfer title of the real property to another public agency if that
second public agency provides notice to the selling public agency that
it will meet the same terms agreed upon by the private individual or
entity. Notice from the buying public agency must be delivered to the
selling public agency within the sixty-day public notice period
provided in section 2 of this act.
NEW SECTION. Sec. 5 Sections 1 through 4 of this act constitute
a new chapter in Title