Section 79.22.060. Transfer, disposal of lands without public auction—Requirements.

(1) With the approval of the board, the department may directly transfer or dispose of state forestlands without public auction, if the lands:

(a) Consist of ten contiguous acres or less;

(b) Have a value of twenty-five thousand dollars or less; or

(c) Are located in a county with a population of twenty-five thousand or less and are encumbered with timber harvest deferrals, associated with wildlife species listed under the federal endangered species act, greater than thirty years in length.

(2) Disposal under this section may only occur in the following circumstances:

(a) Transfers in lieu of condemnation;

(b) Transfers to resolve trespass and property ownership disputes; or

(c) In counties with a population of twenty-five thousand or less, transfers to public agencies.

(3) Real property to be transferred or disposed of under this section shall be transferred or disposed of only after appraisal and for at least fair market value, and only if the transaction is in the best interest of the state or affected trust. Valuable materials attached to lands transferred to public agencies under subsection (2)(c) of this section must be appraised at the fair market value without consideration of management or regulatory encumbrances associated with wildlife species listed under the federal endangered species act.

(4)(a) Except as provided in (b) of this subsection, the proceeds from real property transferred or disposed of under this section shall be deposited into the parkland trust revolving fund and be solely used to buy replacement land within the same county as the property transferred or disposed.

(b) The proceeds from real property transferred or disposed of under subsections (1)(c) and (2)(c) of this section for the purpose of participating in the state forestland pool created under RCW 79.22.140 must be deposited into the parkland trust revolving fund and used to buy replacement forestland for the benefit of that county as provided in RCW 79.64.110 and located within any county participating in the land pool.

(c) Except as otherwise provided in this subsection, in counties with a population of twenty-five thousand or less, the portion of the proceeds associated with valuable materials on state forestland transferred under subsections (1)(c) and (2)(c) of this section must be distributed as provided in RCW 79.64.110. If requested in writing by the legislative authority of a county participating in the state forestland pool created under RCW 79.22.140, the portion of the proceeds associated with valuable materials on state forestland transferred under subsections (1)(c) and (2)(c) of this section must be deposited in the parkland trust revolving fund and used to buy replacement forestland for the benefit of that county as provided in RCW 79.64.110 and located within any county participating in the land pool.

[ 2012 c 166 § 7; 2009 c 354 § 7; 2003 c 334 § 221; 2000 c 148 § 3. Formerly RCW 76.12.125.]

NOTES:

Findings—Intent—2012 c 166: See note following RCW 79.02.010.

Finding—Intent—2009 c 354: See note following RCW 84.33.140.

Intent—2003 c 334: See note following RCW 79.02.010.

2012 c 166 § 7; 2009 c 354 § 7; 2003 c 334 § 221; 2000 c 148 § 3. Formerly RCW 76.12.125.