(1) The legislature finds that maintaining public
lands in public ownership is often in the public interest.
However, when second-class shorelands on navigable lakes have
minimal public value, the sale of those shorelands to the
abutting upland owner may not be contrary to the public interest.
However, the purpose of this section is to remove the prohibition
contained in RCW 79.125.200 regarding the sale of second-class
shorelands to abutting owners, whose uplands front on the
shorelands. Nothing contained in this section shall be construed
to otherwise affect the rights of interested parties relating to
public or private ownership of shorelands within the state.
(2) Notwithstanding the provisions of RCW 79.125.200, the
department may sell second-class shorelands on navigable lakes to
abutting owners whose uplands front upon the shorelands in cases
where the board has determined that these sales would not be
contrary to the public interest. These shorelands shall be sold
at fair market value, but not less than five percent of the fair
market value of the abutting upland, less improvements, to a
maximum distance of one hundred and fifty feet landward from the
line of ordinary high water.
(3) Review of the decision of the department regarding the
sale price established for a shoreland to be sold pursuant to
this section may be obtained by the upland owner by filing a
petition with the board of tax appeals created in accordance with
chapter 82.03 RCW within thirty days after the mailing of
notification by the department to the owner regarding the price.
The board of tax appeals shall review the cases in an
adjudicative proceeding as described in chapter 34.05 RCW, the
administrative procedure act, and the board's review shall be de
novo. Decisions of the board of tax appeals regarding fair
market values determined pursuant to this section shall be final
unless appealed to the superior court pursuant to RCW 34.05.510
through 34.05.598.
[2005 c 155 § 520. Prior: 1989 c 378 § 3; 1989 c 175 § 171; 1982 1st ex.s. c 21 § 106. Formerly RCW 79.94.210.]
NOTES:
Effective date -- 1989 c 175: See note following RCW 34.05.010.