RCW 47.12.063
Surplus real property program. (Effective
until June 30, 2012.)
(1) It is the intent of the legislature to
continue the department's policy giving priority consideration to
abutting property owners in agricultural areas when disposing of
property through its surplus property program under this section.
(2) Whenever the department determines that any real
property owned by the state of Washington and under the
jurisdiction of the department is no longer required for
transportation purposes and that it is in the public interest to
do so, the department may sell the property or exchange it in
full or part consideration for land or improvements or for
construction of improvements at fair market value to any person
through the solicitation of written bids through public
advertising in the manner prescribed under RCW 47.28.050 or in
the manner prescribed under RCW 47.12.283.
(3) The department may forego the processes prescribed by
RCW 47.28.050 and 47.12.283 and sell the real property to any of
the following entities or persons at fair market value:
(a) Any other state agency;
(b) The city or county in which the property is situated;
(c) Any other municipal corporation;
(d) Regional transit authorities created under chapter 81.112 RCW;
(e) The former owner of the property from whom the state
acquired title;
(f) In the case of residentially improved property, a tenant
of the department who has resided thereon for not less than six
months and who is not delinquent in paying rent to the state;
(g) Any abutting private owner but only after each other
abutting private owner (if any), as shown in the records of the
county assessor, is notified in writing of the proposed sale. If
more than one abutting private owner requests in writing the
right to purchase the property within fifteen days after
receiving notice of the proposed sale, the property shall be sold
at public auction in the manner provided in RCW 47.12.283;
(h) To any other owner of real property required for
transportation purposes;
(i) In the case of property suitable for residential use,
any nonprofit organization dedicated to providing affordable
housing to very low-income, low-income, and moderate-income
households as defined in RCW 43.63A.510 and is eligible to
receive assistance through the Washington housing trust fund
created in chapter 43.185 RCW;
(j) A federally qualified community health center as defined
in RCW 82.04.4311; or
(k) A federally recognized Indian tribe within whose
reservation boundary the property is located.
(4) When selling real property pursuant to RCW 47.12.283,
the department may withhold or withdraw the property from an
auction when requested by one of the entities or persons listed
in subsection (3) of this section and only after the receipt of a
nonrefundable deposit equal to ten percent of the fair market
value of the real property or five thousand dollars, whichever is
less. This subsection does not prohibit the department from
exercising its discretion to withhold or withdraw the real
property from an auction if the department determines that the
property is no longer surplus or chooses to sell the property
through one of the other means listed in subsection (2) of this
section. If a transaction under this subsection is not completed
within sixty days, the real property must be put back up for
sale.
(5) Sales to purchasers may at the department's option be
for cash, by real estate contract, or exchange of land or
improvements. Transactions involving the construction of
improvements must be conducted pursuant to chapter 47.28 RCW and
Title 39 RCW, as applicable, and must comply with all other
applicable laws and rules.
(6) Conveyances made pursuant to this section shall be by
deed executed by the secretary of transportation and shall be
duly acknowledged.
(7) Unless otherwise provided, all moneys received pursuant
to the provisions of this section less any real estate broker
commissions paid pursuant to RCW 47.12.320 shall be deposited in
the motor vehicle fund.
[2011 c 376 § 1; 2010 c 157 § 1; 2006 c 17 § 2; 2002 c 255 § 1; 1999 c 210 § 1; 1993 c 461 § 11; 1988 c 135 § 1; 1983 c 3 § 125; 1977 ex.s. c 78 § 1.]
NOTES:
Expiration date -- 2011 c 376 § 1: "Section 1 of this act expires June 30, 2012." [2011 c 376 § 3.]
Expiration date -- 2010 c 157 § 1: "Section 1 of this act expires June 30, 2012." [2010 c 157 § 2.]
Finding -- 1993 c 461: See note following RCW 43.63A.510.
Proceeds from the sale of surplus real property for construction of second Tacoma Narrows bridge deposited in Tacoma Narrows toll bridge account: RCW 47.56.165.
RCW 47.12.063
Surplus real property program. (Effective
June 30, 2012.)
(1) It is the intent of the legislature to
continue the department's policy giving priority consideration to
abutting property owners in agricultural areas when disposing of
property through its surplus property program under this section.
(2) Whenever the department determines that any real
property owned by the state of Washington and under the
jurisdiction of the department is no longer required for
transportation purposes and that it is in the public interest to
do so, the department may sell the property or exchange it in
full or part consideration for land or improvements or for
construction of improvements at fair market value to any person
through the solicitation of written bids through public
advertising in the manner prescribed under RCW 47.28.050 or in
the manner prescribed under RCW 47.12.283.
(3) The department may forego the processes prescribed by
RCW 47.28.050 and 47.12.283 and sell the real property to any of
the following entities or persons at fair market value:
(a) Any other state agency;
(b) The city or county in which the property is situated;
(c) Any other municipal corporation;
(d) Regional transit authorities created under chapter 81.112 RCW;
(e) The former owner of the property from whom the state
acquired title;
(f) In the case of residentially improved property, a tenant
of the department who has resided thereon for not less than six
months and who is not delinquent in paying rent to the state;
(g) Any abutting private owner but only after each other
abutting private owner (if any), as shown in the records of the
county assessor, is notified in writing of the proposed sale. If
more than one abutting private owner requests in writing the
right to purchase the property within fifteen days after
receiving notice of the proposed sale, the property shall be sold
at public auction in the manner provided in RCW 47.12.283;
(h) To any other owner of real property required for
transportation purposes;
(i) In the case of property suitable for residential use,
any nonprofit organization dedicated to providing affordable
housing to very low-income, low-income, and moderate-income
households as defined in RCW 43.63A.510 and is eligible to
receive assistance through the Washington housing trust fund
created in chapter 43.185 RCW; or
(j) A federally recognized Indian tribe within whose
reservation boundary the property is located.
(4) When selling real property pursuant to RCW 47.12.283,
the department may withhold or withdraw the property from an
auction when requested by one of the entities or persons listed
in subsection (3) of this section and only after the receipt of a
nonrefundable deposit equal to ten percent of the fair market
value of the real property or five thousand dollars, whichever is
less. This subsection does not prohibit the department from
exercising its discretion to withhold or withdraw the real
property from an auction if the department determines that the
property is no longer surplus or chooses to sell the property
through one of the other means listed in subsection (2) of this
section. If a transaction under this subsection is not completed
within sixty days, the real property must be put back up for
sale.
(5) Sales to purchasers may at the department's option be
for cash, by real estate contract, or exchange of land or
improvements. Transactions involving the construction of
improvements must be conducted pursuant to chapter 47.28 RCW and
Title 39 RCW, as applicable, and must comply with all other
applicable laws and rules.
(6) Conveyances made pursuant to this section shall be by
deed executed by the secretary of transportation and shall be
duly acknowledged.
(7) Unless otherwise provided, all moneys received pursuant
to the provisions of this section less any real estate broker
commissions paid pursuant to RCW 47.12.320 shall be deposited in
the motor vehicle fund.
[2011 c 376 § 2; 2006 c 17 § 2; 2002 c 255 § 1; 1999 c 210 § 1; 1993 c 461 § 11; 1988 c 135 § 1; 1983 c 3 § 125; 1977 ex.s. c 78 § 1.]
NOTES:
Effective date -- 2011 c 376 § 2: "Section 2 of this act takes effect June 30, 2012." [2011 c 376 § 4.]
Finding -- 1993 c 461: See note following RCW 43.63A.510.
Proceeds from the sale of surplus real property for construction of second Tacoma Narrows bridge deposited in Tacoma Narrows toll bridge account: RCW 47.56.165.