H-4450              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1469

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By House Committee on Transportation (originally sponsored by Representatives Walk, Betrozoff, Patrick, Cantwell and Meyers; by request of Department of Transportation)

Read first time 1/27/88 and passed to Committee on Rules.

AN ACT Relating to exchange of property by the department of transportation; amending RCW 47.12.063; and repealing RCW 47.12.130.

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

        Sec. 1.  Section 1, chapter 78, Laws of 1977 ex. sess. as amended by section 125, chapter 3, Laws of 1983 and RCW 47.12.063 are each amended to read as follows:

          (1) 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 ((highway)) 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) 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; ((and))

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

(h) To any other owner of real property required for transportation purposes.

          (2) Sales to purchasers may at the department's option be for cash ((or)), 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.

          (3) ((The department may agree with the owner of real property required for highway purposes to convey to such owner real property under the jurisdiction of the department which is no longer required for highway purposes as all or part consideration for the property to be acquired for highway purposes.

          (4))) Conveyances made pursuant to this section shall be by deed executed by the secretary of transportation and shall be duly acknowledged.

          (((5))) (4) 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.

NEW SECTION. Sec. 2.  Section 47.12.130, chapter 13, Laws of 1961, section 4, chapter 96, Laws of 1975 1st ex. sess., section 51, chapter 151, Laws of 1977 ex. sess. and RCW 47.12.130 are each repealed.