(1) The department shall,
before filing in the department's Olympia office the plat and
record of appraisal of any tidelands or shorelands platted and
appraised by it, publish a notice once each week for four
consecutive weeks in a newspaper published and of general
circulation in the county where the lands covered by the plat and
record are situated, stating that the plat and record, describing
it, is complete and subject to inspection at the department's
Olympia office, and will be filed on a certain day to be named in
the notice.
(2) Any person entitled to purchase under RCW 79.125.200 and
claiming a preference right of purchase of any of the tidelands
or shorelands platted and appraised by the department, and who
feels aggrieved at the appraisement fixed by the department upon
the lands, or any part thereof, may within sixty days after the
filing of the plat and record in the department's Olympia office
(which shall be done on the day fixed in the notice), appeal from
the appraisement to the superior court of the county in which the
tidelands or shorelands are situated, in the manner provided for
taking appeals from orders or decisions under RCW 79.105.160.
(3) The prosecuting attorney of any county, or city attorney
of any city, in which the aquatic lands are located, shall at the
request of the governor, appeal on behalf of the state, or the
county, or city, from any appraisal in the manner provided in
this section. Notice of the appeal shall be served upon the
commissioner, and the department must immediately notify all
persons entitled to purchase under RCW 79.125.200 and claiming a
preference right to purchase the lands subject to the
appraisement.
(4) Any party, other than the state or the county or city
appealing, shall execute a bond to the state with sufficient
surety, to be approved by the department, in the sum of two
hundred dollars conditioned for the payment of costs on appeal.
(5) The superior court to which an appeal is taken shall
hear evidence as to the value of the lands appraised and enter an
order confirming, or raising, or lowering the appraisal appealed
from, and the clerk of the court shall file a certified copy in
the department's Olympia office. The appraisal fixed by the
court shall be final.
[2005 c 155 § 505; 1982 1st ex.s. c 21 § 91. Formerly RCW 79.94.060.]