Washington Code 43.17.400 – Disposition of state-owned land — Notice to governmental entities — Right of first refusal
Current as of: 2023 | Check for updates
|
Other versions
(1) Before any state agency may dispose of surplus state-owned real property to a private or any nongovernmental party, the agency must provide written notice to the following governmental entities at least sixty days before entering into any proposed disposition agreement:
Terms Used In Washington Code 43.17.400
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(a) All other state agencies;
(b) Each federal agency operating within the state; and
(c) The governing authority of each county, city, town, special purpose district, and federally recognized Indian tribe in which the land is located.
(2) The state agency must dispose of the property, for continued public benefit as defined in RCW 39.33.015, to any governmental entity responding within the notification period, upon mutual agreement reached within a reasonable time period after the response is received. Priority must be given to state agencies. The disposition may be for any terms and conditions agreed upon by the proper authorities of each party, in accordance with RCW 39.33.010, except where the disposition at fair market value is required by law.
(3) The requirements of this section are in addition and supplemental to other requirements of the laws of this state.
(4) For purposes of this section, “disposition” means the sale, exchange, or other action resulting in a transfer of ownership.
(5) The requirements of this section do not apply to the department of transportation.
NOTES:
Finding—Intent—2007 c 62: “The legislature recognizes that state agencies dispose of state-owned lands when these lands cannot be advantageously used by the agency or when dispositions are beneficial to the public’s interest. The legislature also recognizes that dispositions of state-owned land can create opportunities for counties, cities, and towns wishing to purchase or otherwise acquire the lands, and citizens wishing to enjoy the lands for recreational or other purposes. However, the legislature finds that absent a specific requirement obligating state agencies to notify affected local governments of proposed land dispositions, occasions for governmental acquisition and public enjoyment of certain lands can be permanently lost.
Therefore, the legislature intends to enact an express and supplemental requirement obligating state agencies to notify local governments of proposed land dispositions.” [ 2007 c 62 § 1.]
Severability—2007 c 62: “If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.” [ 2007 c 62 § 13.]