(1) Upon platting and appraisal of first-class
tidelands or shorelands as provided in this chapter, if the
department deems it for the best public interest to offer the
first-class tidelands or shorelands for lease, the department
shall notify the owner of record of uplands fronting upon the
tidelands or shorelands to be offered for lease if the upland
owner is a resident of the state, or the upland owner is a
nonresident of the state, shall mail to the upland owner's last
known post office address, as reflected in the county records, a
copy of the notice notifying the owner that the state is offering
the tidelands or shorelands for lease, giving a description of
those lands and the department's appraised fair market value of
the tidelands or shorelands for lease, and notifying the owner
that the upland owner has a preference right to apply to lease
the tidelands or shorelands at the appraised value for the lease
for a period of sixty days from the date of service of mailing of
the notice.
(2) If at the expiration of sixty days from the service or
mailing of the notice, as provided in subsection (1) of this
section, there being no conflicting applications filed, and the
owner of the uplands fronting upon the tidelands or shorelands
offered for lease, has failed to avail themselves of their
preference right to apply to lease or to pay to the department
the appraised value for lease of the tidelands or shorelands
described in the notice, the tidelands or shorelands may be
offered for lease to any person and may be leased in the manner
provided for in the case of lease of state lands.
(3) If at the expiration of sixty days two or more claimants
asserting a preference right to lease have filed applications to
lease any tract, conflicting with each other, the conflict
between the claimants shall be equitably resolved by the
department as the best interests of the state require in accord
with the procedures prescribed by chapter 34.05 RCW. However,
any contract purchaser of lands or rights therein, which upland
qualifies the owner for a preference right under this section,
shall have first priority for the preference right.
[2005 c 155 § 506; 2000 c 11 § 29; 1982 1st ex.s. c 21 § 92. Formerly RCW 79.94.070.]