(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 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.
[2006 c 263 § 913; 2001 c 183 § 2; 1995 c 358 § 2; 1991 c 116 § 13; 1984 c 103 § 1; 1981 c 306 § 4; 1979 ex.s. c 16 § 1; 1975 1st ex.s. c 243 § 1; 1969 ex.s. c 223 § 28A.58.045. Prior: 1963 c 67 § 1; 1953 c 225 § 1. Formerly RCW 28A.58.045, 28.58.045.]
NOTES:
Findings -- Purpose -- Part headings not law -- 2006 c 263: See notes following RCW 28A.150.230.
Severability -- 1981 c 306: See note following RCW 28A.335.180.