(1) The board
of county commissioners of any county and/or the mayor and city
council or city commission of any city or town and/or the board
shall have authority to exchange, each with the other, or with
the federal forest service, the federal government or any proper
agency thereof and/or with any private landowner, county land of
any character, land owned by municipalities of any character, and
state forest land owned by the state under the jurisdiction of
the department, for real property of equal value for the purpose
of consolidating and blocking up the respective land holdings of
any county, municipality, the federal government, or the state of
Washington or for the purpose of obtaining lands having
commercial recreational leasing potential.
(2) During the biennium ending June 30, 2011, for the
purposes of maintaining working farm and forest landscapes or
acquiring natural resource lands at risk of development, the
department, with approval of the board of natural resources, may
exchange any state land and any timber thereon for any land and
proceeds of equal value, when it can be demonstrated that the
trust fiduciary obligations can be better fulfilled after an
exchange is completed. Proceeds may be in the form of cash or
services in order to achieve the purposes established in this
section. Any cash received as part of an exchange transaction
shall be deposited in the forest development account to pay for
administrative expenses incurred in carrying out an exchange
transaction. The amount of proceeds received from the exchange
partner may not exceed five percent of the total value of the
exchange. The receipt of proceeds shall not change the character
of the transaction from an exchange to a sale.
(3) Prior to executing an exchange under this section, and
in addition to the public notice requirements set forth in RCW 79.17.050, the department shall consult with legislative members,
other state and federal agencies, local governments, tribes,
local stakeholders, conservation groups, and any other interested
parties to identify and address cultural resource issues, and the
potential of the state lands proposed for exchange to be used for
open space, park, school, or critical habitat purposes.
[2009 c 497 § 6025; 2008 c 328 § 6013. Prior: 2003 1st sp.s. c 25 § 937; 2003 c 334 § 209; 1973 1st ex.s. c 50 § 1; 1961 c 77 § 1; 1937 c 77 § 1; RRS § 5812-3e. Formerly RCW 76.12.050.]
NOTES:
Effective date -- 2009 c 497: See note following RCW 28B.15.210.
Part headings not law -- Severability -- Effective date -- 2008 c 328: See notes following RCW 43.155.050.
Severability -- Effective date -- 2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Intent -- 2003 c 334: See note following RCW 79.02.010.