title: RCW 79.17.050

text:
Before a proposed exchange is presented to the board involving an exchange of any lands under the administrative control of the department, the department shall hold a public hearing on the proposal in the county where the state-owned land or the greatest proportion thereof is located. Ten days but not more than twenty-five days prior to such hearing, the department shall publish a paid public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing, at least once in one or more daily newspapers of general circulation in the county and at least once in one or more weekly newspapers circulated in the area where the state-owned land is located. A news release pertaining to the hearing shall be disseminated among printed and electronic media in the area where the state-owned land is located. The public notice and news release also shall identify lands involved in the proposed exchange and describe the purposes of the exchange and proposed use of the lands involved. A summary of the testimony presented at the hearings shall be prepared for the board's consideration when reviewing the department's exchange proposal. If there is a failure to substantially comply with the procedures set forth in this section, then the exchange agreement shall be subject to being declared invalid by a court. Any such suit must be brought within one year from the date of the exchange agreement.
[ 2003 c 334 s 445; 1979 c 54 s 1; 1975 1st ex.s. c 107 s 2. Formerly RCW 79.08.015.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Exchange of state land by parks and recreation commission, procedure: RCW 79A.05.180.

catchline: Public notice—News release—Hearing.


doc_type: statute

jurisdiction: wa

title: RCW 79.17.060

text:
The commissioner shall, with the advice and approval of the attorney general, execute such agreements, writings, or relinquishments and certify to the governor such deeds as are necessary or proper to complete an exchange.
[ 2003 c 334 s 210; 1961 c 77 s 2; 1937 c 77 s 2; RRS s 5812-3f. Formerly RCW 76.12.060.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Exchange of lands to consolidate and block up holdings—Agreements and deeds by commissioner.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 79.17.070

text:
Lands acquired by the state of Washington as the result of any exchange shall be held and administered for the benefit of the same fund and subject to the same laws as were the lands exchanged therefor.
[ 2003 c 334 s 211; 1961 c 77 s 3. Formerly RCW 76.12.065.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Exchange of lands to consolidate and block up holdings—Lands acquired are subject to same laws and administered for same fund as lands exchanged.


title: RCW 79.17.100

text:
Except as otherwise provided in RCW 79.17.110, upon the application of a school district or any institution of higher education for the purchase or lease of lands granted to the state by the United States, the department may offer such land for sale or lease to such school district or institution of higher education in such acreage as it may determine, consideration being given upon application of a school district to school site criteria established by the superintendent of public instruction. However, in the event the department thereafter proposes to offer such land for sale or lease at public auction, such school district or institution of higher education shall have a preference right for six months from notice of such proposal to purchase or lease such land at the appraised value determined by the board.
[ 2006 c 263 s 333; 2003 c 334 s 322.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Application by school district.


title: RCW 79.17.110

text:
Notwithstanding the provisions of RCW 79.11.010 or any other provision of law, any school district or institution of higher education leasing land granted to the state by the United States and on which land such district or institution has placed improvements as defined in RCW 79.02.010 shall be afforded the opportunity by the department at any time to purchase such land, excepting land over which the department retains management responsibilities, for the purposes of schoolhouse construction and/or necessary supporting facilities or structures at the appraised value thereof less the value that any improvements thereon added to the value of the land itself at the time of the sale thereof.
[ 2003 c 334 s 437; 1985 c 200 s 1; 1982 1st ex.s. c 31 s 1; 1980 c 115 s 8; 1971 ex.s. c 200 s 2. Formerly RCW 79.01.770.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1980 c 115: See note following RCW 28A.335.090.
Severability—1971 ex.s. c 200: See note following RCW 79.11.010.

catchline: School districts—Purchase of leased lands with improvements.


title: RCW 79.17.120

text:
The purchases authorized under RCW 79.17.110 shall be classified as for the construction of common *A.525.200school [common school] plant facilities under RCW 28A.525.010 through 28A.525.200 and shall be payable out of the common school construction fund as otherwise provided for in RCW 28A.515.320 if the school district involved was under emergency school construction classification as established by the superintendent of public instruction at any time during the period of its lease of state lands.
[ 2015 1st sp.s. c 4 s 52; 2006 c 263 s 334; 2003 c 334 s 438; 1990 c 33 s 596; 1971 ex.s. c 200 s 3. Formerly RCW 79.01.774.]
Notes:
*Reviser's note: The added text "A.525.200" was a typographical error.
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Intent—2003 c 334: See note following RCW 79.02.010.
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Severability—1971 ex.s. c 200: See note following RCW 79.11.010.

catchline: School districts—Purchases from school construction fund.


title: RCW 79.17.130

text:
In those cases where the purchases, as authorized by RCW 79.17.110 and 79.17.120, have been made on a ten year contract, the board, if it deems it in the best interest of the state, may extend the term of any such contract to not to exceed an additional ten years under such terms and conditions as the board may determine.
[ 2003 c 334 s 439; 1971 ex.s. c 200 s 4. Formerly RCW 79.01.778.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1971 ex.s. c 200: See note following RCW 79.11.010.

catchline: School districts—Extension of contract period.


title: RCW 79.17.140

text:
Notwithstanding any other provisions of law, annually the board shall determine if lands purchased or leased by school districts or institutions of higher education under the provisions of RCW * 79.11.010 and 79.17.110 are being used for school sites. If such land has not been used for school sites for a period of seven years the title to such land shall revert to the original trust for which it was held.
[ 2003 c 334 s 440; 1971 ex.s. c 200 s 5. Formerly RCW 79.01.780.]
Notes:
*Reviser's note: The reference to RCW 79.11.010 appears to be erroneous. A reference to RCW 79.17.100 was apparently intended.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1971 ex.s. c 200: See note following RCW 79.11.010.

catchline: School districts—Reversion, when.


title: RCW 79.17.200

text:
(1) For the purposes of this section, "public agency" means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi-municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; and any Indian tribe recognized as such by the federal government.
(2) With the approval of the board of natural resources, the department of natural resources may directly transfer or dispose of real property, without public auction, in the following circumstances:
(a) Transfers in lieu of condemnations;
(b) Transfers to public agencies; and
(c) Transfers to resolve trespass and property ownership disputes.
(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 such transaction is in the best interest of the state or affected trust.
[ 1992 c 167 s 2. Formerly RCW 79.01.009.]

catchline: Real property—Transfer or disposal without public auction.


title: RCW 79.17.210

text:
(1) The legislature finds that the department has a need to maintain the real property asset base it manages and needs an accounting mechanism to complete transactions without reducing the real property asset base.
(2) The natural resources real property replacement account is created in the state treasury. This account shall consist of funds, including the value of land, timber, other valuable materials, and improvements owned by the state, transferred or paid for the disposal or transfer of real property by the department under RCW 79.17.200 and the transfer of state lands or state forestlands into community forest trust lands under RCW 79.155.040. The funds in this account shall be used solely for the acquisition of replacement real property and may be spent only when, and as, authorized by legislative appropriation.
[ 2023 c 383 s 5; 2018 c 298 s 7005; 2013 2nd sp.s. c 19 s 7041; 2011 c 216 s 13; 2003 c 334 s 118; 1992 c 167 s 1. Formerly RCW 43.30.265.]
Notes:
Findings—2023 c 383: See note following RCW 79.17.300.
Effective date—2018 c 298: "Except for section 7018 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 27, 2018]." [ 2018 c 298 s 7020.]
Effective date—2013 2nd sp.s. c 19: See note following RCW 43.34.080.
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Real property asset base—Natural resources real property replacement account.


title: RCW 79.17.220

text:
Actions under this chapter are subject to the notification requirements of RCW 43.17.400.
[ 2007 c 62 s 4.]
Notes:
Finding—Intent—Severability—2007 c 62: See notes following RCW 43.17.400.

catchline: Notification requirements.


title: RCW 79.17.300

text:
(1) The department is authorized to create and manage a trust land transfer program. Real property available for the trust land transfer program is economically underperforming state land and state forestland with high ecological or public benefit and deemed appropriate for state parks, fish and wildlife habitats, natural area preserves, natural resources conservation areas, community forests, recreation, or other public purposes.
(2) Underperforming state land and state forestland is land that the department determines has limited potential to generate income in the reasonably foreseeable future due to physical, legal, access, or other constraints. The department may use the real property transfer authorities under this chapter and chapter 79.22 RCW, as appropriate, to complete transfers under the trust land transfer program.
(3) The department shall use legislative appropriations for approved trust land transfers to acquire replacement real property that will provide long-term, sustainable revenue to the trust beneficiaries or is otherwise desirable to be added to the affected trust and to pay for the department's administrative expenses to complete the transfer, including the cost of department staff time, appraisals, surveys, environmental reviews, and other similar costs of the program.
(4) Transfers funded by legislative appropriation must be at fair market value, including the value of land, timber, other valuable materials, and improvements owned by the state. The legislative appropriation must be deposited in the natural resources real property replacement account created in RCW 79.17.210 and the parkland trust revolving fund established in RCW 43.30.385, as appropriate.
(5) The department shall prioritize the acquisition of working farms and forests when acquiring replacement real property for state lands transferred under this program when it can be demonstrated that the trust fiduciary obligations can be better fulfilled with these lands. The department shall endeavor to acquire replacement real property as quickly as practicable.
(6) The department shall only submit real properties for trust land transfers to the board or legislature through the process created in RCW 79.17.310 if at least 50 percent of all previous appropriations provided after July 23, 2023, for purchase of replacement lands for the trust land transfer program have been utilized to purchase replacement trust lands. The list of properties submitted to the board or legislature for possible trust land transfers through the process created in RCW 79.17.310 may not exceed $30,000,000 in total property value for each year the list is submitted.
[ 2023 c 383 s 2.]
Notes:
Findings—2023 c 383: "(1) The legislature finds that some state lands and state forestlands have a low potential for natural resource management or low income-generating potential or are inefficient for the department of natural resources to manage due to geographic location or other factors.
(2) The legislature further finds that some of these lands have high ecological values and public benefits and should be maintained in public ownership as a park, open space, nature preserve, or similar designation to benefit the people of Washington.
(3) The legislature further finds that the department of natural resources needs an effective program to transfer these lands out of trust status to the natural areas program, other public agencies, or federally recognized Indian tribes, and simultaneously acquire legislative funding to acquire productive replacement lands to improve the revenue-generating performance of the state lands and state forestlands it manages.
(4) The legislature further finds that the trust land transfer program should be established within the department of natural resources with adequate funds to cover the department's expenses for administering the program and completing trust land transfers.
(5) The legislature further finds that there exists an interest by the public and trust beneficiaries that the program be well-documented and transparent, that each potential transfer be examined by the department of natural resources to ensure it is in the best interests of the trust beneficiaries, that an external advisory committee place proposed transfers into a prioritized order using standardized criteria, that the board of natural resources approve submission of the list to the legislature, and that parcels be transferred in order of priority." [ 2023 c 383 s 1.]

catchline: Trust land transfer program.


title: RCW 79.17.310

text:
The department shall administer the trust land transfer program as follows:
(1) Any citizen, state and federal agencies, counties, cities, towns, federally recognized Indian tribes, nonprofit organizations, special purpose districts, public development authorities, and other political subdivisions of the state, may nominate a parcel of state land or state forestland for the trust land transfer program. The nomination must be made to the department on forms provided by the department and accompanied by the fee provided under RCW 79.02.250.
(2) The department shall perform an initial review to determine whether the transfer of a nominated parcel is in the best interest of the trust for which the land is held and whether a public agency, as defined in RCW 79.17.200, is willing to take ownership of the parcel and is capable of managing the land for the public benefit. The department may require prenomination review of parcels over 4,500 acres or parcels over an estimated appraised market value of $15,000,000, including the value of the land, valuable materials, and improvements, if any.
(3) If the department determines through its initial review that transfer would be in the best interest of the trust for which the land is held and a public agency is willing and able to take ownership and manage the land, the department shall consult with potentially affected federally recognized Indian tribes, consistent with the department's consultation policy to identify and address cultural resource issues.
(4) Following the department's initial review and tribal consultation, the department may submit parcels to an advisory committee that shall evaluate and prioritize nominated parcels according to criteria approved by the board, including social, ecological, economic, and other values. The advisory committee may include representatives of trust beneficiaries, public agencies, federally recognized Indian tribes, overburdened communities, and vulnerable populations as defined in chapter 70A.02 RCW, and other stakeholders as determined by the department.
(5) The department, with approval of the board, shall determine the final, prioritized list of trust land transfer parcels to submit to the legislature for funding. If a legislative appropriation includes the full fair market value for the trust land transfer parcel, and the board determines that the transfer is in the best interest of the trust for which the land is held, the department shall complete the transfer.
[ 2023 c 383 s 3.]
Notes:
Findings—2023 c 383: See note following RCW 79.17.300.

catchline: Administration.


title: RCW 79.19.010

text:
The legislature finds that from time to time it may be desirable for the department to sell state lands which have low potential for natural resource management or low income-generating potential or which, because of geographic location or other factors, are inefficient for the department to manage. However, it is also important to acquire lands for long-term management to replace those sold so that the publicly owned land base will not be depleted and the publicly owned forestland base will not be reduced. The purpose of this chapter is to provide a means to facilitate such sales and purchases so that the diversity of public uses on the trust lands will be maintained. In making the determinations, the department shall comply with local land use plans and applicable growth management principles.
[ 2003 c 334 s 525; 1984 c 222 s 1; 1977 ex.s. c 109 s 1. Formerly RCW 79.66.010.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Legislative finding.


title: RCW 79.19.020

text:
The department, with the approval of the board, may purchase property at fair market value to be held in a land bank, which is hereby created within the department. Property so purchased shall be property which would be desirable for addition to the public lands of the state because of the potential for natural resource or income production of the property.
[ 2023 c 383 s 9; 2003 c 334 s 526; 1984 c 222 s 2; 1977 ex.s. c 109 s 2. Formerly RCW 79.66.020.]
Notes:
Findings—2023 c 383: See note following RCW 79.17.300.
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Land bank—Created—Purchase of property authorized.


title: RCW 79.19.030

text:
The department, with the approval of the board, may:
(1) Exchange property held in the land bank for any other lands of equal value administered by the department, including state lands and state forestlands;
(2) Exchange property held in the land bank for property of equal or greater value which is owned publicly or privately, and which has greater potential for natural resource or income production or which could be more efficiently managed by the department, however, no power of eminent domain is hereby granted to the department;
(3) Except as provided in subsection (4) of this section, sell property that has been exchanged into and is held in the land bank as provided under RCW 79.11.340 without any requirement of platting and use the proceeds to acquire property for the land bank which has greater potential for natural resource or income production or which would be more efficiently managed by the department; and
(4) If a department lessee owns and resides in a house located on land that has been exchanged into and is held in the land bank, sell the land directly to the lessee for the appraised fair market value of the land and use the proceeds of the sale as provided in subsection (3) of this section. If the lessee does not purchase the land for the appraised fair market value, the department shall sell the land as provided under subsection (3) of this section.
[ 2023 c 383 s 10; 2004 c 199 s 215; 2003 c 334 s 527; 1984 c 222 s 3; 1977 ex.s. c 109 s 3. Formerly RCW 79.66.030.]
Notes:
Findings—2023 c 383: See note following RCW 79.17.300.
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Exchange or sale of property held in land bank.


title: RCW 79.19.040

text:
The department may manage the property held in the land bank as provided in RCW 79.10.030. However, the properties or interest in such properties shall not be withdrawn, exchanged, transferred, or sold without first obtaining payment of the fair market value of the property or interest therein or obtaining property of equal value in exchange.
[ 2003 c 334 s 528; 1984 c 222 s 4; 1977 ex.s. c 109 s 4. Formerly RCW 79.66.040.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Management of property held in land bank.


title: RCW 79.19.050

text:
Income from the sale of property in the land bank shall be deposited in the land bank account created in RCW 79.19.120 and may be used to acquire property under RCW 79.19.020.
[ 2023 c 383 s 13; 2003 c 334 s 529; 1984 c 222 s 5; 1977 ex.s. c 109 s 5. Formerly RCW 79.66.050.]
Notes:
Findings—2023 c 383: See note following RCW 79.17.300.
Intent—2003 c 334: See note following RCW 79.02.010.
Forest development account: RCW 79.64.100.
Resource management cost account: RCW 79.64.020.

catchline: Use of income from the sale of property.


title: RCW 79.19.060

text:
The department shall be reimbursed for actual costs and expenses incurred in managing and administering the land bank program under this chapter from the forest development account or the resource management cost account in an amount not to exceed the limits provided in RCW 79.64.040. Reimbursement from proceeds of sales shall be limited to marketing costs provided in RCW 79.10.030.
[ 2003 c 334 s 530; 1984 c 222 s 6. Formerly RCW 79.66.060.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Reimbursement for costs and expenses.


title: RCW 79.19.080

text:
Periodically, at intervals to be determined by the board, the department shall identify trust lands which are expected to convert to commercial, residential, or industrial uses within ten years. The department shall adhere to existing local comprehensive plans, zoning classifications, and duly adopted local policies when making this identification and determining the fair market value of the property.
The department shall hold a public hearing on the proposal in the county where the state land is located. At least fifteen days but not more than thirty days before the hearing, the department shall publish a public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing, at least once in one or more daily newspapers of general circulation in the county and at least once in one or more weekly newspapers circulated in the area where the trust land is located. At the same time that the published notice is given, the department shall give written notice of the hearings to the departments of fish and wildlife and enterprise services, to the parks and recreation commission, and to the county, city, or town in which the property is situated. The department shall disseminate a news release pertaining to the hearing among printed and electronic media in the area where the trust land is located. The public notice and news release also shall identify trust lands in the area which are expected to convert to commercial, residential, or industrial uses within ten years.
A summary of the testimony presented at the hearings shall be prepared for the board's consideration. The board shall designate trust lands which are expected to convert to commercial, residential, or industrial uses as urban land. Descriptions of lands designated by the board shall be made available to the county and city or town in which the land is situated and for public inspection and copying at the department's administrative office in Olympia, Washington and at each area office.
The hearing and notice requirements of this section apply to those trust lands which have been identified by the department prior to July 1, 1984, as being expected to convert to commercial, residential, or industrial uses within the next ten years, and which have not been sold or exchanged prior to July 1, 1984.
[ 2015 c 225 s 116; 2003 c 334 s 531; 1994 c 264 s 60; 1988 c 36 s 53; 1984 c 222 s 8. Formerly RCW 79.66.080.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Identification of trust lands expected to convert to commercial, residential, or industrial uses—Hearing—Notice—Designation as urban lands.


title: RCW 79.19.090

text:
If the department determines to exchange urban land for land bank land, public agencies defined in RCW 79.17.200 that may benefit from owning the property shall be notified in writing of the determination. The public agencies have sixty days from the date of notice by the department to submit an application to purchase the land and shall be afforded an opportunity of up to one year, as determined by the board, to purchase the land from the land bank at fair market value directly without public auction as authorized under RCW 79.17.200. The board, if it deems it in the best interest of the state, may extend the period under terms and conditions as the board determines. If competing applications are received from governmental entities, the board shall select the application which results in the highest monetary value.
[ 2003 c 334 s 532; 1993 c 265 s 1; 1984 c 222 s 9. Formerly RCW 79.66.090.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Exchange of urban land for land bank land—Notification of affected public agencies.


title: RCW 79.19.100

text:
The purpose of this section is to foster cooperative planning among the state, the department, and local governments as to state-owned lands under the department's jurisdiction situated in urban areas.
At least once a year, prior to finalizing the department's urban land leasing action plan, the department and applicable local governments shall meet to review state and local plans and to coordinate planning in areas where urban lands are located. The department and local governments may enter into formal agreements for the purpose of planning the appropriate development of these state-owned urban lands.
The department shall contact those local governments which have planning, zoning, and land-use regulation authority over areas where urban lands under its jurisdiction are located so as to facilitate these annual or other meetings.
"Urban lands" as used in this section means those areas which within ten years are expected to be intensively used for locations of buildings or structures, and usually have urban governmental services.
"Local government" as used in this section means counties, cities, and towns having planning and land-use regulation authority.
[ 2003 c 334 s 441; 1979 ex.s. c 56 s 1. Formerly RCW 79.01.784.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Urban lands—Cooperative planning, development.


title: RCW 79.19.110

text:
Lands purchased by the department for commercial, industrial, or residential use shall be subject to payment of in-lieu of real property tax for the period in which they are held in the land bank. The in-lieu payment shall be equal to the property taxes which would otherwise be paid if the land remained subject to the tax. Payment shall be made at the end of the calendar year to the county in which the land is located. If a parcel is not held in the land bank for the entire year, the in-lieu payment shall be reduced proportionately to reflect only that period of time in which the land was held in the land bank. The county treasurer shall distribute the in-lieu payments proportionately in accordance with RCW 84.56.230 as though such moneys were receipts from ad valorem property taxes.
[ 2003 c 334 s 533; 1984 c 222 s 10. Formerly RCW 79.66.100.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Lands for commercial, industrial, or residential use—Payment of in-lieu of property tax—Distribution.


title: RCW 79.19.120

text:
The land bank account is created in the state treasury. To this account shall be deposited such funds as the legislature directs or appropriates. Expenditures from this account may be used only to acquire property under RCW 79.19.020. Expenditures from this account may be made only after appropriation.
[ 2023 c 383 s 14.]
Notes:
Findings—2023 c 383: See note following RCW 79.17.300.

catchline: Land bank account.


title: RCW 79.19.901

text:
This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1984.
[ 1984 c 222 s 16. Formerly RCW 79.66.901.]

catchline: Effective date—1984 c 222.


title: RCW 79.22.010

text:
The department has the power to accept gifts and bequests of money or other property, made in its own name, or made in the name of the state, to promote generally the interests of reforestation or for a specific named purpose in connection with reforestation, and to acquire in the name of the state, by purchase or gift, any lands which by reason of their location, topography, or geological formation, are chiefly valuable for purpose of developing and growing timber, and to designate such lands and any lands of the same character belonging to the state as state forestlands; and may acquire by gift or purchase any lands of the same character. The department has the power to seed, plant, and develop forests on any lands, purchased, acquired, or designated by it as state forestlands, and shall furnish such care and fire protection for such lands as it shall deem advisable. Upon approval of the board of county commissioners of the county in which the land is located such gift or donation of land may be accepted subject to delinquent general taxes thereon, and upon such acceptance of such gift or donation subject to such taxes, the department shall record the deed of conveyance thereof and file with the assessor and treasurer of the county wherein such land is situated, written notice of acquisition of such land, and that all delinquent general taxes thereon, except state taxes, shall be canceled, and the county treasurer shall thereupon proceed to make such cancellation in the records of the county treasurer. Thereafter, such lands shall be held in trust, protected, managed, and administered upon, and the proceeds therefrom disposed of, under RCW 79.22.040.
[ 2003 c 334 s 205; 1988 c 128 s 23; 1937 c 172 s 1; 1929 c 117 s 1; 1923 c 154 s 3; RRS s 5812-3. Prior: 1921 c 169 s 1, part. Formerly RCW 76.12.020.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Powers of department—Acquisition of land for reforestation—Taxes, cancellation.


title: RCW 79.22.020

text:
The department shall take such steps as it deems advisable for locating and acquiring lands suitable for state forests and reforestation. Acquisitions made pursuant to this section shall be at no more than fair market value. No lands shall ever be acquired by the department except upon the approval of the title by the attorney general and on a conveyance being made to the state of Washington by good and sufficient deed. No forestlands shall be designated, purchased, or acquired by the department unless the area so designated or the area to be acquired shall, in the judgment of the department, be of sufficient acreage and so located that it can be economically administered for forest development purposes.
[ 2000 c 148 s 1; 1988 c 128 s 28; 1923 c 154 s 4; RRS s 5812-4. Prior: 1921 c 169 s 1, part. Formerly RCW 76.12.080.]

catchline: Acquisition of forestland—Requisites.


title: RCW 79.22.030

text:
The department shall keep in its office in a permanent bound volume a record of all forestlands acquired by the state and any lands owned by the state and designated as such by the department. The record shall show the date and from whom said lands were acquired; amount and method of payment therefor; the forest within which said lands are embraced; the legal description of such lands; the amount of money expended, if any, and the date thereof, for seeding, planting, maintenance, or care for such lands; the amount, date, and source of any income derived from such land; and such other information and data as may be required by the department.
[ 2003 c 334 s 223; 1988 c 128 s 34; 1923 c 154 s 9; RRS s 5812-9. Formerly RCW 76.12.155, 43.12.140.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Record of proceedings, etc.


title: RCW 79.22.040

text:
If any land acquired by a county through foreclosure of tax liens, or otherwise, comes within the classification of land described in RCW 79.22.010 and can be used as state forestland and if the department deems such land necessary for the purposes of this chapter, the county shall, upon demand by the department, deed such land to the department and the land shall become a part of the state forestlands.
Such land shall be held in trust and administered and protected by the department in the same manner as other state forestlands.
In the event that the department sells logs using the contract harvesting process described in RCW 79.15.500 through 79.15.530, the moneys derived subject to this section are the net proceeds from the contract harvesting sale.
[ 2003 c 334 s 206; 2003 c 313 s 6; 1997 c 370 s 1; 1991 c 363 s 151; 1988 c 128 s 24; 1981 2nd ex.s. c 4 s 4; 1971 ex.s. c 224 s 1; 1969 c 110 s 1; 1957 c 167 s 1; 1951 c 91 s 1; 1935 c 126 s 1; 1927 c 288 s 3, part (adding a new section to 1923 c 154 s 3b); RRS s 5812-36. Formerly RCW 76.12.030.]
Notes:
Reviser's note: This section was amended by 2003 c 313 s 6 and by 2003 c 334 s 206, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—2003 c 334: See note following RCW 79.02.010.
Findings—Severability—2003 c 313: See notes following RCW 79.15.500.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Severability—1981 2nd ex.s. c 4: See note following RCW 43.30.325.

catchline: Deed of county land to department.


title: RCW 79.22.050

text:
Except as provided in RCW 79.22.060, all land, acquired or designated by the department as state forestland, shall be forever reserved from sale, but the valuable materials thereon may be sold or the land may be leased in the same manner and for the same purposes as is authorized for state lands if the department finds such sale or lease to be in the best interests of the state and approves the terms and conditions thereof.
In the event that the department sells logs using the contract harvesting process described in RCW 79.15.500 through 79.15.530, the moneys received subject to this section are the net proceeds from the contract harvesting sale.
[ 2003 c 334 s 220; 2003 c 313 s 7; 2000 c 148 s 2; 1998 c 71 s 2. Prior: 1988 c 128 s 32; 1988 c 70 s 1; 1980 c 154 s 11; 1971 ex.s. c 123 s 4; 1955 c 116 s 1; 1953 c 21 s 1; 1923 c 154 s 7; RRS s 5812-7. Formerly RCW 76.12.120.]
Notes:
Reviser's note: This section was amended by 2003 c 313 s 7 and by 2003 c 334 s 220, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—2003 c 334: See note following RCW 79.02.010.
Findings—Severability—2003 c 313: See notes following RCW 79.15.500.
Purpose—Effective dates—Savings—Disposition of certain funds—Severability—1980 c 154: See notes following chapter 82.45 RCW digest.

catchline: Sales and leases of timber, timberland, or products thereon.


title: RCW 79.22.060

text:
(1) With the approval of the board, the department may directly transfer or dispose of state forestlands without public auction, if the transfers are:
(a) In lieu of condemnation or to resolve trespass and property ownership disputes and the lands consist of 10 contiguous acres or less or have a value of $25,000 or less; or
(b) To public agencies as defined in RCW 79.17.200.
(2) 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 to be transferred under subsection (1)(b) 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, if any.
(3)(a) Except as provided in 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 forestland for the benefit of the county from which the property was transferred or disposed and pay for the department's administrative expenses to complete the transfer, including the cost of department staff time, appraisals, surveys, environmental reviews, and other similar costs of the transfer. The legislative authority of the county from which the real property was transferred or disposed under subsection (1)(b) of this section may request in writing that the department distribute a percentage of the proceeds associated with valuable materials. Upon such a request, and subject to prior approval by the board, the department shall distribute the requested percentage of proceeds associated with valuable materials as provided in RCW 79.64.110.
(b) The proceeds from real property transferred or disposed of under 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 or under a county agreement as provided in RCW 79.22.140.
(c) Except as otherwise provided in this subsection, in counties with a population of 25,000 or less, the portion of the proceeds associated with valuable materials on state forestland transferred under 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 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 or under a county agreement as provided in RCW 79.22.140.
(4) During the 2023-2025 fiscal biennium, the ability of a legislative authority of a county to request the distribution of proceeds from valuable materials under subsection (3)(a) of this section does not apply to structurally complex, carbon-dense forested trust land transferred under section 3034, chapter 375, Laws of 2024.
[ 2024 c 375 s 8011; 2023 c 383 s 6; 2012 c 166 s 7; 2009 c 354 s 7; 2003 c 334 s 221; 2000 c 148 s 3. Formerly RCW 76.12.125.]
Notes:
Effective date—2024 c 375: See note following RCW 70A.65.305.
Findings—2023 c 383: See note following RCW 79.17.300.
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.

catchline: Transfer, disposal of lands without public auction—Requirements.


title: RCW 79.22.070

text:
(1) State forestlands shall be logged, protected, and cared for in such manner as to ensure natural reforestation of such lands, and to that end the department shall have power, and it shall be its duty to adopt rules, and amendments thereto, governing logging operations on such areas, and to embody in any contract for the sale of timber on such areas, such conditions as it shall deem advisable, with respect to methods of logging, disposition of slashings, and debris, and protection and promotion of new forests. All such rules, or amendments thereto, shall be adopted by the department under chapter 34.05 RCW.
(2)(a) Except as provided in (b) of this subsection, any violation of any rule adopted by the department under the authority of this section is a gross misdemeanor.
(b) The department may specify by rule, when not inconsistent with applicable statutes, that violation of a specific rule is an infraction under chapter 7.84 RCW.
[ 2003 c 334 s 222; 2003 c 53 s 369; 2000 c 11 s 10; 1988 c 128 s 33; 1987 c 380 s 17; 1927 c 288 s 3, part (adding a new section to 1923 c 154 s 3a); RRS s 5812-3a. Prior: 1921 c 169 s 2. Formerly RCW 76.12.140.]
Notes:
Reviser's note: This section was amended by 2003 c 53 s 369 and by 2003 c 334 s 222, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—2003 c 334: See note following RCW 79.02.010.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—1987 c 380: See RCW 7.84.900.

catchline: Forest and land management—Rules—Penalty.


title: RCW 79.22.080

text:
For the purpose of acquiring and paying for lands for state forests and reforestation as herein provided the department may issue utility bonds of the state of Washington as may hereafter be authorized by the legislature. The bonds shall be known as state forest utility bonds. The principal or interest of the bonds shall not be a general obligation of the state, but shall be payable only from the forest development account. The department may issue the bonds in exchange for lands selected by it in accordance with RCW 79.64.100 and this chapter, or may sell the bonds in such a manner as it deems advisable, and with the proceeds purchase and acquire such lands. Any of the bonds issued in exchange and payment for any particular tract of lands may be made a first and prior lien against the particular land for which they are exchanged, and upon failure to pay the bonds and interest thereon according to their terms, the lien of the bonds may be foreclosed by appropriate court action.
[ 2003 c 334 s 217; 2000 c 11 s 8; 1988 c 128 s 29; 1937 c 104 s 1; 1923 c 154 s 5; RRS s 5812-5. Formerly RCW 76.12.090.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Utility bonds.


title: RCW 79.22.090

text:
For the purpose of acquiring, seeding, reforestation, and administering land for forests and of carrying out RCW 79.64.100 and the provisions of this chapter, the department is authorized to issue and dispose of utility bonds of the state of Washington in an amount not to exceed one hundred thousand dollars in principal during the biennium expiring March 31, 1951. However, no sum in excess of one dollar per acre shall ever be paid or allowed either in cash, bonds, or otherwise, for any lands suitable for forest growth, but devoid of such, nor shall any sum in excess of three dollars per acre be paid or allowed either in cash, bonds, or otherwise, for any lands adequately restocked with young growth.
Any utility bonds issued under the provisions of this section may be retired from time to time, whenever there is sufficient money in the forest development account, said bonds to be retired at the discretion of the department either in the order of issuance, or by first retiring bonds with the highest rate of interest.
[ 2003 c 334 s 218; 2000 c 11 s 9; 1988 c 128 s 30; 1949 c 80 s 1; 1947 c 66 s 1; 1945 c 13 s 1; 1943 c 123 s 1; 1941 c 43 s 1; 1939 c 106 s 1; 1937 c 104 s 2; 1935 c 126 s 2; 1933 c 117 s 1; Rem. Supp. 1949 s 5812-11. Formerly RCW 76.12.100.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Bonds—Purchase price of land limited—Retirement of bonds.


title: RCW 79.22.100

text:
Whenever any forestland which shall have been acquired by any county through the foreclosure of tax liens, or otherwise, and which shall have been acquired by the federal government either from said county or from the state holding said lands in trust, and shall be available for reacquisition, the board and the board of county commissioners of any such county are authorized to enter into an agreement for the reacquisition of such lands as state forestlands in trust for such county. Such agreement shall provide for the price and manner of such reacquisition. The board is authorized to provide in such agreement for the advance of funds available to it for such purpose from the forest development account, all or any part of the price for such reacquisition so agreed upon, which advance shall be repaid at such time and in such manner as provided in the agreement, solely from any distribution to be made to said county under the provisions of RCW 79.22.040; that the title to said lands shall be retained by the state free from any trust until the state shall have been fully reimbursed for all funds advanced in connection with such reacquisition; and that in the event of the failure of the county to repay such advance in the manner provided, the said forestlands shall be retained by the state to be administered and/or disposed of in the same manner as other state forestlands free and clear of any trust interest therein by said county. Such county shall make provisions for the reimbursement of the various funds from any moneys derived from such lands so acquired, or any other county trust forest board lands which are distributable in a like manner, for any sums withheld from funds for other areas which would have been distributed thereto from time to time but for such agreement.
[ 2003 c 334 s 208; 1959 c 87 s 1. Formerly RCW 76.12.035.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Reacquisition of lands from federal government.


title: RCW 79.22.110

text:
Whenever any county shall have acquired by tax foreclosure, or otherwise, lands within the classification of RCW 79.22.010 and shall have thereafter contracted to sell such lands to bona fide purchasers before the same may have been selected as forestlands by the department, and has heretofore deeded or shall hereafter deed because of inadvertence or oversight such lands to the state or to the department to be held under RCW 79.22.040 or any amendment thereof; the department upon being furnished with a certified copy of such contract of sale on file in such county and a certificate of the county treasurer showing said contract to be in good standing in every particular and that all due payments and taxes have been made thereon, and upon receipt of a certified copy of a resolution of the board of county commissioners of such county requesting the reconveyance to the county of such lands, is hereby authorized to reconvey such lands to such county by quitclaim deed executed by the department. Such reconveyance of lands hereafter so acquired shall be made within one year from the conveyance thereof to the state or department.
[ 2003 c 334 s 212; 1988 c 128 s 27; 1941 c 84 s 1; Rem. Supp. 1941 s 5812-3g. Formerly RCW 76.12.070.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Reconveyance to county in certain cases.


title: RCW 79.22.120

text:
If the board of natural resources determines that any forestlands deeded to the board or the state pursuant to this chapter, which are leased to any county for uses which have as one permitted use a sanitary landfill and/or transfer station, are no longer appropriate for management by the board, the board may reconvey all of the lands included within any such lease to that county. Reconveyance shall be by quitclaim deed executed by the chair of the board. Upon execution of such deed, full legal and equitable title to such lands shall be vested in that county, and any leases on such lands shall terminate. A county that receives any such reconveyed lands shall indemnify and hold the state of Washington harmless from any liability or expense arising out of the reconveyed lands.
[ 2013 c 23 s 259; 1991 c 10 s 1. Formerly RCW 76.12.067.]

catchline: Reconveyance to county of certain leased lands.


title: RCW 79.22.130

text:
Actions under this chapter are subject to the notification requirements of RCW 43.17.400.
[ 2007 c 62 s 5.]
Notes:
Finding—Intent—Severability—2007 c 62: See notes following RCW 43.17.400.

catchline: Notification requirements.


title: RCW 79.22.140

text:
(1) The board may create a state forestland pool, to be managed in accordance with this section, if the board determines that creation of a land pool is in the best interest of the state or affected trust, based on an analysis prepared by the department under RCW 79.22.150.
(2) A county is eligible to participate in a land pool if the board determines it has existing state forestlands encumbered with timber harvest deferrals, associated with wildlife species listed under the federal endangered species act, more than 30 years in length.
(3) All lands in the land pool are state forestlands and must be managed in the same manner and with the same responsibilities as other state forestlands. Proceeds from the state forestland pool must, except as provided in RCW 79.64.110, be distributed under RCW 79.22.010 and 79.22.040.
(4)(a) A county may participate in the land pool only if it is eligible, as determined under subsection (2) of this section, and the board receives a written request to do so by the legislative authority of that county.
(b) The board shall end any further participation of a county in the land pool if it receives a written request to do so by the legislative authority of that county. If the board receives such a request, that county's interest in the land pool as a beneficiary remains, but no new contributions of asset value may be made to the land pool on behalf of the county and no new lands may be purchased in that county for the land pool.
(5)(a) If a land pool is created by the board, the department and the participating counties must develop a funding strategy for acquiring land to include in the land pool.
(b) The department and participating counties may pursue funding for the transfer of state forestland encumbered by long-term wildlife-related harvest deferrals within the participating counties into status as a natural area preserve under chapter 79.70 RCW or a natural resources conservation area under chapter 79.71 RCW, and use the value of the transferred land to acquire working forestlands to include in the land pool.
(c) The department and participating counties may pursue other land acquisition funding strategies.
(6) The department may acquire replacement state forestland located outside of counties participating in a state forestland pool when the department has transferred some or all of the encumbered state forestlands of the counties to natural area status under chapter 79.70 or 79.71 RCW.
(a) Counties participating in a state forestland pool that desire to have the department acquire replacement lands in a designated county not included in the state forestland pool shall provide the department an agreement entered with the designated county that meets the following requirements:
(i) The designated county shall not object to forest practices undertaken on the replacement state forestland in conformity with all applicable laws and rules;
(ii) The counties participating in the state forestland pool acknowledge that they shall pass through the payment in lieu of taxes to which they are entitled, under RCW 79.70.130 or 79.71.130, to the designated county in which replacement lands are purchased, on an acre for acre basis;
(iii) If the designated county desires to terminate the agreement, the designated county shall be required to pay the department the fair market value of the replacement forestlands, including the value of valuable materials attached to the lands, at the time of termination based on an appraisal accepted by the department and approved by the board; and
(iv) The board of county commissioners for the designated county and each county participating in the state forestland pool approves the agreement in the manner provided by RCW 42.30.060.
(b) When the department receives an agreement meeting the requirements of (a) of this subsection, the department shall make reasonable efforts to acquire working forestlands within the designated county to include in the state forestland pool.
(c) The counties participating in the state forestland pool shall pass through the payment in lieu of taxes to which they are entitled under RCW 79.70.130 or 79.71.130, based on the encumbered state forestlands within their counties transferred to natural area status, to the designated county in which the replacement state forestlands are located, on an acre for acre basis.
(d) Whenever the board of county commissioners of the county in which the replacement state forestlands are located determines to terminate the agreement described in (a) of this subsection, the board of county commissioners shall notify the department and the counties participating in the state forestland pool. The department shall transfer the replacement state forestlands to the county upon receipt of the fair market value of the lands, including the value of valuable materials attached to the lands, as determined by appraisal and approved by the board. The proceeds shall be placed in the parkland trust revolving fund and be solely used by the department to buy replacement land within the counties participating in the subject state forestland pool or another county with which the participating counties have entered an agreement under (a) of this subsection.
(e) The authority provided by this subsection to acquire replacement state forestlands located outside of the counties participating in a state forestland pool does not preclude the department from acquiring replacement lands within the counties participating in the state forestland pool as necessary to fully replace the encumbered state forestlands transferred under RCW 79.22.060(1)(b).
[ 2023 c 383 s 12; 2012 c 166 s 3.]
Notes:
Findings—2023 c 383: See note following RCW 79.17.300.
Findings—Intent—2012 c 166: See note following RCW 79.02.010.


title: RCW 79.22.150

text:
(1) Upon the request of the board in its consideration of creating a state forestland pool under RCW 79.22.140, the department must conduct an analysis that includes, at a minimum, the following elements:
(a) An evaluation of how the proposed land pool would benefit the requesting counties, including revenue predictability and long-term revenue projections;
(b) The development and proposal of a set of policy, administrative, and financial structures necessary for the department to establish the land pool, including a method to determine the percentage of revenue to be distributed to each county participating in the land pool that is based on each county's proportionate contribution of asset value to the land pool;
(c) An estimation of the administrative costs of creating and maintaining the land pool; and
(d) Any additional information requested by the board.
(2) The department may coordinate its analysis with affected counties or an association representing the affected counties.
[ 2012 c 166 s 4.]
Notes:
Findings—Intent—2012 c 166: See note following RCW 79.02.010.

catchline: State forestland pool—Analysis.


title: RCW 79.22.300

text:
Whenever the board of county commissioners of any county shall determine that state forestlands, that were acquired from such county by the state pursuant to RCW 79.22.040 and that are under the administration of the department, are needed by the county for public park use in accordance with the county and the state outdoor recreation plans, the board of county commissioners may file an application with the board for the transfer of such state forestlands.
Upon the filing of an application by the board of county commissioners, the department shall cause notice of the impending transfer to be given in the manner provided by RCW 42.30.060. If the department determines that the proposed use is in accordance with the state outdoor recreation plan, it shall reconvey said state forestlands to the requesting county to have and to hold for so long as the state forestlands are developed, maintained, and used for the proposed public park purpose. This reconveyance may contain conditions to allow the department to coordinate the management of any adjacent public lands with the proposed park activity to encourage maximum multiple use management and may reserve rights-of-way needed to manage other public lands in the area. The application shall be denied if the department finds that the proposed use is not in accord with the state outdoor recreation plan. If the land is not, or ceases to be, used for public park purposes the land shall be conveyed back to the department upon request of the department.
[ 2004 c 199 s 216; 2003 c 334 s 213; 1983 c 3 s 195; 1969 ex.s. c 47 s 1. Formerly RCW 76.12.072.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Procedure—Reconveyance back when use ceases.


title: RCW 79.22.310

text:
The timber resources on any such state forestland transferred to the counties under RCW 79.22.300 shall be managed by the department to the extent that this is consistent with park purposes and meets with the approval of the board of county commissioners. Whenever the department does manage the timber resources of such lands, it will do so in accordance with the general statutes relative to the management of all other state forestlands.
[ 2003 c 334 s 214; 1969 ex.s. c 47 s 2. Formerly RCW 76.12.073.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Timber resource management.


title: RCW 79.22.320

text:
Under provisions mutually agreeable to the board of county commissioners and the board, lands approved for transfer to a county for public park purposes under the provisions of RCW 79.22.300 shall be transferred to the county by deed.
[ 2003 c 334 s 215; 1969 ex.s. c 47 s 3. Formerly RCW 76.12.074.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Lands transferred by deed.


title: RCW 79.22.330

text:
The provisions of RCW 79.22.300 through 79.22.330 shall be cumulative and nonexclusive and shall not repeal any other related statutory procedure established by law.
[ 2003 c 334 s 216; 1969 ex.s. c 47 s 4. Formerly RCW 76.12.075.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Provisions cumulative and nonexclusive.


title: RCW 79.24.010

text:
All lands granted to the state by the federal government for the purpose of erecting public buildings at the state capitol shall be known and designated as "Capitol Building Lands". None of such lands, nor the timber or other materials thereon, shall hereafter be sold without the consent of the board of natural resources and only in the manner as provided for public lands and materials thereon.
[ 1959 c 257 s 42; 1909 c 69 s 2; RRS s 7898.]

catchline: Designation of lands—Sale, manner, consent of board.


title: RCW 79.24.020

text:
All funds arising from the sale of lands granted to the state of Washington for the purpose of erecting public buildings at the state capital shall be held intact for the purpose for which they were granted. Lands when selected and assigned to said grant shall not be transferred to any other grant, nor shall the moneys derived from said lands be applied to any other purpose than for the erection of buildings at the state capital.
[ 1893 c 83 s 1; RRS s 7896.]

catchline: Use of funds restricted.


title: RCW 79.24.030

text:
The board of natural resources and the department of natural resources may employ such cruisers, drafters, engineers, architects, or other assistants as may be necessary for the best interests of the state in carrying out the provisions of RCW 79.24.010 through 79.24.085, and all expenses incurred by the board and department, and all claims against the capitol building construction account shall be audited by the department and presented in vouchers to the state treasurer, who shall draw a warrant therefor against the capitol building construction account as herein provided or out of any appropriation made for such purpose.
[ 2013 c 23 s 260; 1988 c 128 s 62; 1985 c 57 s 76; 1973 c 106 s 37; 1959 c 257 s 43; 1911 c 59 s 12; 1909 c 69 s 7; RRS s 7903.]
Notes:
Effective date—1985 c 57: See note following RCW 18.04.105.

catchline: Employment of assistants—Payment of expenses.


title: RCW 79.24.060

text:
The proceeds of such sale of capitol building lands, or the timber or other materials shall be paid into the capitol building construction account which is hereby established in the state treasury to be used as in *this act provided. All contracts for the construction of capitol buildings shall be let after notice for proposals or bids have been advertised for at least four consecutive weeks in at least three newspapers of general circulation throughout the state.
[ 1985 c 57 s 77; 1959 c 257 s 44; 1911 c 59 s 10; 1909 c 69 s 5; RRS s 7901.]
Notes:
*Reviser's note: "This act" first appears in 1909 c 69 codified as RCW 79.24.010 and 79.24.030 through 79.24.085.
Effective date—1985 c 57: See note following RCW 18.04.105.

catchline: Disposition of proceeds of sale—Publication of notice of proposals or bids.


title: RCW 79.24.085

text:
All sums of money received from sales shall be paid into the capitol building construction account in the state treasury, and are hereby appropriated for the purposes of *this act.
[ 1985 c 57 s 78; 1959 c 257 s 46; 1909 c 69 s 8; RRS s 7904.]
Notes:
*Reviser's note: For "this act," see note following RCW 79.24.060.
Effective date—1985 c 57: See note following RCW 18.04.105.

catchline: Disposition of money from sales.


title: RCW 79.24.087

text:
All revenues received from leases and sales of lands, timber and other products on the surface or beneath the surface of the lands granted to the state of Washington by the United States pursuant to an act of Congress approved February 22, 1889, for capitol building purposes, shall be paid into the "capitol building construction account." Available revenues in this account shall first be pledged to state capitol public and historic facilities as defined under RCW 79.24.710.
[ 2005 c 330 s 7; 1923 c 12 s 1; RRS s 7921-1. Formerly RCW 43.34.060.]

catchline: Capitol grant revenue to capitol building construction account.


title: RCW 79.24.300

text:
The state capitol committee may construct parking facilities for the state capitol adequate to provide parking space for automobiles, said parking facilities to be either of a single level, multiple level, or both, and to be either on one site or more than one site and located either on or in close proximity to the capitol grounds, though not necessarily contiguous thereto. The state capitol committee may select such lands as are necessary therefor and acquire them by purchase or condemnation. As an aid to such selection the committee may cause location, topographical, economic, traffic, and other surveys to be conducted, and for this purpose may utilize the services of existing state agencies, may employ personnel, or may contract for the services of any person, firm or corporation. In selecting the location and plans for the construction of the parking facilities the committee shall consider recommendations of the director of enterprise services.
Space in parking facilities may be rented to the officers and employees of the state on a monthly basis at a rental to be determined by the director of enterprise services. The state shall not sell gasoline, oil, or any other commodities or perform any services for any vehicles or equipment other than state equipment.
[ 2015 c 225 s 117; 1977 c 75 s 90; 1965 c 129 s 1; 1955 c 293 s 1.]

catchline: Parking facilities authorized—Rental.


title: RCW 79.24.310

text:
The state capitol committee may construct any two of the following three facilities: (1) A two story parking facility south of the transportation and public lands building in the existing parking area; (2) multiple level but not to exceed three story parking facility adjacent to the new office building; (3) multiple level but not to exceed three story parking facility adjacent to the new office building.
[ 1955 c 293 s 2.]

catchline: Number and location of facilities.


title: RCW 79.24.320

text:
There is appropriated to the state capitol committee from the *capitol building construction fund for the fiscal biennium ending June 30, 1957, the sum of seven hundred thousand dollars for the purposes of RCW 79.24.300, 79.24.310 and 79.24.320. Of this sum five hundred thousand dollars is to be used for parking purposes as outlined above and the remaining two hundred thousand dollars of this sum are to be used to complete the fisheries and health laboratories in the new office building on the contingency that it is necessary for the fisheries and health departments to move to Olympia.
[ 1955 c 293 s 3.]
Notes:
*Reviser's note: Capitol building construction fund abolished and moneys transferred to capitol building construction account: RCW 43.79.330 through 43.79.334.


title: RCW 79.24.330

text:
For use in the construction thereon of parking facilities in close proximity to the capitol grounds, the state capitol committee is authorized to purchase, at a price not in excess of one hundred thousand dollars, the following real estate situated in the city of Olympia, Thurston county, state of Washington, and more particularly described as: Lots two, three, six, and seven, block eight, P.D. Moore's addition to the town of Olympia, according to the plat thereof recorded in volume 1 of plats, page 32, records of said county.
[ 1957 c 257 s 1.]

catchline: Purchase of land for parking facilities authorized.


title: RCW 79.24.340

text:
After purchase of the said real estate the state capitol committee shall construct thereon one-level parking facilities suitable for as large a number of automobiles as may reasonably be accommodated thereon.
[ 1957 c 257 s 2.]

catchline: Purchase of land for parking facilities authorized—Construction of one-level facility.


title: RCW 79.24.400

text:
The city of Olympia may grant to the state of Washington its right, title and interest in that public square situated therein and bounded by Capitol Way, Legion Way, Washington Street and East Seventh Street, and commonly known as Sylvester Park, and such conveyance shall in all respects supersede the terms and effect of any prior conveyance or agreement concerning this property.
[ 1955 c 216 s 1.]

catchline: Sylvester Park—Grant authorized.


title: RCW 79.24.410

text:
The state capitol committee may accept such grant on behalf of the state. Upon receipt from the city of Olympia of the conveyance authorized by RCW 79.24.400, the state capitol committee may lease the premises thereby conveyed, to any person, firm, or corporation for the purpose of constructing, operating and maintaining a garage and parking facility underneath the surface of said property.
The lease shall be for a term of not to exceed twenty-five years and by its terms shall require the lessee to restore and maintain the condition of the surface of the property so as to be available and suitable for use as a public park. The lease shall further provide that all improvements to the property shall become the property of the state upon termination of the lease, and may provide such further terms as the capitol committee may deem to be advantageous.
[ 1955 c 216 s 2.]

catchline: Sylvester Park—Subsurface parking facility.


title: RCW 79.24.450

text:
The state capitol committee may construct a suitable access to the capitol grounds by way of fourteenth and fifteenth streets in the city of Olympia, and for the purpose may acquire, by purchase or condemnation, such lands along the said streets and between Capitol Way and Cherry Street in the city of Olympia, and construct thereon such improvements as the state capitol committee may deem proper for the purposes of such access.
[ 1957 c 258 s 1.]

catchline: Access to capitol grounds on described route authorized.


title: RCW 79.24.500

text:
The state capitol committee shall proceed as rapidly as their resources permit to acquire title to the following described property for development as state capitol grounds:
That area bounded as follows: Commencing at a point beginning at the southwest corner of Capitol Way and 15th Avenue and proceeding westerly to the present easterly boundary of the capitol grounds on the west; thence proceeding northerly along said easterly boundary of the capitol grounds; thence proceeding easterly along the boundary of the present capitol grounds to a point at the corner of Capitol Way and 14th Avenue; thence proceeding southerly to the point of beginning; also that area bounded by Capitol Way on the west, 11th Avenue on the north, Jefferson Street on the east, and 16th Avenue (Maple Park) on the south; also that area bounded by Jefferson Street on the west, 14th Avenue on the north, Cherry Street on the east and 14th Avenue (Interstate No. 5 access) on the south; also that area bounded by 14th Avenue (Interstate No. 5 access) on the north, the westerly boundary of the Oregon-Washington Railroad & Navigation Co. right-of-way on the east, 16th Avenue on the south, and Jefferson Street on the west; also that area bounded by 15th Avenue on the north, the westerly boundary of the Oregon-Washington Railroad & Navigation Co. right-of-way on the east, and 14th Avenue (Interstate No. 5 access) on the south and west; all in the city of Olympia, county of Thurston, state of Washington, or any such portion or portions of the above described areas as may be required for present or future expansion of the facilities of the state capitol.
[ 1967 ex.s. c 43 s 1; 1961 c 167 s 1.]

catchline: Property described.


title: RCW 79.24.510

text:
The area described in RCW 79.24.500 shall be known as the east capitol site, and upon acquisition shall become part of the state capitol grounds.
[ 1961 c 167 s 2.]

catchline: Area designated as the east capitol site.


title: RCW 79.24.520

text:
The state capitol committee may acquire such property by gift, exchange, purchase, option to purchase, condemnation, or any other means of acquisition not expressly prohibited by law. All other state agencies shall aid and assist the state capitol committee in carrying out the provisions of RCW 79.24.500 through 79.24.600.
[ 1961 c 167 s 3.]

catchline: Acquisition of property authorized—Means—Other state agencies to assist committee in executing chapter.


title: RCW 79.24.530

text:
The department of enterprise services shall develop, amend and modify an overall plan for the design and establishment of state capitol buildings and grounds on the east capitol site in accordance with current and prospective requisites of a state capitol befitting the state of Washington. The overall plan, amendments and modifications thereto shall be subject to the approval of the state capitol committee.
[ 2015 c 225 s 118; 1961 c 167 s 4.]

catchline: Department of enterprise services to design and develop site and buildings—Approval of state capitol committee.


title: RCW 79.24.540

text:
State agencies which are authorized by law to acquire land and construct buildings, whether from appropriated funds or from funds not subject to appropriation by the legislature, may buy land in the east capitol site and construct buildings thereon so long as the location, design and construction meet the requirements established by the department of enterprise services and approved by the state capitol committee.
[ 2015 c 225 s 119; 1961 c 167 s 5.]

catchline: State agencies may buy land and construct buildings thereon—Requirements.


title: RCW 79.24.550

text:
No state agency shall undertake construction of buildings in Thurston county except upon the state capitol grounds: PROVIDED, That the state capitol committee may authorize exceptions upon a finding by the state capitol committee that appropriate locations on the capitol grounds or east capitol site are unavailable.
[ 1961 c 167 s 6.]

catchline: State buildings to be constructed only on capitol grounds—Exception.


title: RCW 79.24.560

text:
The department of enterprise services shall have the power to rent, lease, or otherwise use any of the properties acquired in the east capitol site.
[ 2015 c 225 s 120; 1961 c 167 s 7.]

catchline: Department of enterprise services to rent, lease, or use properties.


title: RCW 79.24.570

text:
All moneys received by the department of enterprise services from the management of the east capitol site, excepting (1) funds otherwise dedicated prior to April 28, 1967, (2) parking and rental charges and fines which are required to be deposited in other accounts, and (3) reimbursements of service and other utility charges made to the department of enterprise services, shall be deposited in the capitol purchase and development account of the state general fund.
[ 2015 c 225 s 121; 2000 c 11 s 24; 1969 ex.s. c 273 s 11; 1963 c 157 s 1; 1961 c 167 s 8.]

catchline: Use of proceeds from site.


title: RCW 79.24.590

text:
The use of the private real estate, rights, and interests in the east capitol site is hereby declared to be a public use.
[ 1961 c 167 s 10.]

catchline: Use of private real estate and rights in site declared public use.


title: RCW 79.24.600

text:
If any provision of RCW 79.24.500 through 79.24.590, or its application to any person or circumstance is held invalid, the remainder of RCW 79.24.500 through 79.24.590, or the application of the provision to other persons or circumstances is not affected.
[ 1961 c 167 s 11.]

catchline: Severability—1961 c 167.


title: RCW 79.24.650

text:
The state capitol committee shall provide for the construction, remodeling, and furnishing of capitol office buildings, parking facilities, governor's mansion, and such other buildings and facilities as are determined by the state capitol committee to be necessary to provide space for the legislature by way of offices, committee rooms, hearing rooms, and work rooms, and to provide executive office space and housing for the governor, and to provide executive office space for other elective officials and such other state agencies as may be necessary, and to pay for all costs and expenses in issuing the bonds and to pay interest thereon during construction of the facilities for which the bonds were issued and six months thereafter.
[ 1969 ex.s. c 272 s 1.]

catchline: Committee duties enumerated.


title: RCW 79.24.700

text:
The legislature finds that the historic facilities of the Washington state capitol are the most important public facilities in the state. They are a source of beauty and pride, a resource for celebrating our heritage and democratic ideals, and an exceptional educational resource. The public and historic facilities of the state capitol campus should be managed and maintained to the highest standards of excellence, model the best of historic preservation practice, and maximize opportunities for public access and enjoyment. The purpose of chapter 330, Laws of 2005 is to provide authority and direction for the care and stewardship of the public and historic facilities of the state capitol, to facilitate public access, use, and enjoyment of these assets, and to carefully preserve them for the benefit of future generations.
[ 2005 c 330 s 1.]

catchline: Findings.


title: RCW 79.24.710

text:
For the purposes of RCW 79.24.720, 79.24.730, 43.01.090, 43.19.500, and 79.24.087, "state capitol public and historic facilities" includes:
(1) The east, west and north capitol campus grounds, Sylvester park, Heritage park, Marathon park, Centennial park, the Deschutes river basin commonly known as Capitol lake, the interpretive center, Deschutes parkway, and the landscape, memorials, artwork, fountains, streets, sidewalks, lighting, and infrastructure in each of these areas not including state-owned aquatic lands in these areas managed by the department of natural resources under RCW 79.105.010;
(2) The public spaces and the historic interior and exterior elements of the following buildings: The visitor center, the Governor's mansion, the legislative building, the John L. O'Brien building, the Cherberg building, the Newhouse building, the Pritchard building, the temple of justice, the insurance building, the Dolliver building, capitol court, and the old capitol buildings, including the historic state-owned furnishings and works of art commissioned for or original to these buildings; and
(3) Other facilities or elements of facilities as determined by the state capitol committee, in consultation with the department of enterprise services.
[ 2015 c 225 s 123; 2005 c 330 s 2.]

catchline: Properties identified as "state capitol public and historic facilities."


title: RCW 79.24.720

text:
The department of enterprise services is responsible for the stewardship, preservation, operation, and maintenance of the public and historic facilities of the state capitol, subject to the policy direction of the state capitol committee and the guidance of the capitol campus design advisory committee. In administering this responsibility, the department shall:
(1) Apply the United States secretary of the interior's standards for the treatment of historic properties;
(2) Seek to balance the functional requirements of state government operations with public access and the long-term preservation needs of the properties themselves;
(3) Consult with the capitol furnishings preservation committee, the state historic preservation officer, the state arts commission, and the state facilities accessibility advisory committee in fulfilling the responsibilities provided for in this section; and
(4) During the 2025-2027 fiscal biennium, cooperate with the department of ecology in fulfilling its obligations under *section 3031, chapter 414, Laws of 2025.
[ 2025 c 414 s 8044; 2015 c 225 s 124; 2005 c 330 s 3.]
Notes:
*Reviser's note: The governor partially vetoed section 3031, chapter 414, Laws of 2025.
Effective date—2025 c 414: See note following RCW 79A.25.210.

catchline: Department of enterprise services' responsibilities.


title: RCW 79.24.730

text:
(1) To provide for responsible stewardship of the state capitol public and historic facilities, funding for:
(a) Maintenance and operational needs shall be authorized in the state's omnibus appropriations act and funded by the enterprise services account as provided under RCW 43.19.500;
(b) Development and preservation needs shall be authorized in the state's capital budget. To the extent revenue is available, the capitol building construction account under RCW 79.24.087 shall fund capital budget needs. If capitol building construction account funds are not available, the state building construction account funds may be authorized for this purpose.
(2) The department of enterprise services may seek grants, gifts, or donations to support the stewardship of state capitol public and historic facilities. The department may: (a) Purchase historic state capitol furnishings or artifacts; or (b) sell historic state capitol furnishings and artifacts that have been designated as state surplus by the capitol furnishings preservation committee under RCW 27.48.040(6). Funds generated from grants, gifts, donations, or sales for omnibus appropriations act needs shall be deposited into the enterprise services account. Funds generated for capital budget needs shall be deposited into the capitol building construction account.
[ 2015 c 225 s 125; 2005 c 330 s 4.]

catchline: Funding/grants for stewardship of state capitol public and historic facilities.


title: RCW 79.36.310

text:
Whenever the department finds that it is in the best interests of the state of Washington to acquire any property or use of a road in private ownership to afford access to state timber and other valuable material for the purpose of developing, caring for, or selling the same, the acquisition of such property, or use thereof, is hereby declared to be necessary for the public use of the state of Washington, and the department is authorized to acquire such property or the use of such roads by gift, purchase, exchange, or condemnation, and subject to all of the terms and conditions of such gift, purchase, exchange, or decree of condemnation to maintain such property or roads as part of the department's land management road system.
[ 2003 c 334 s 226; 1963 c 140 s 1; 1945 c 239 s 1; Rem. Supp. 1945 s 5823-30. Formerly RCW 76.16.010.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Eminent domain: State Constitution Art. 1 s 16; chapter 8.04 RCW.
State lands subject to easements for removal of materials: RCW 79.36.370 and 79.36.590.

catchline: Acquisition of property interests for access authorized.


title: RCW 79.36.320

text:
The attorney general of the state of Washington is hereby required and authorized to condemn said property interests found to be necessary for the public purposes of the state of Washington, as provided in RCW 79.36.310, and upon being furnished with a certified copy of the resolution of the department, describing said property interests found to be necessary for the purposes set forth in RCW 79.36.310, the attorney general shall immediately take steps to acquire said property interests by exercising the state's right of eminent domain under the provisions of chapter 8.04 RCW, and in any condemnation action herein authorized, the resolution so describing the property interests found to be necessary for the purposes set forth above shall, in the absence of a showing of bad faith, arbitrary, capricious, or fraudulent action, be conclusive as to the public use and real necessity for the acquisition of said property interests for a public purpose, and said property interests shall be awarded to the state without the necessity of either pleading or proving that the department was unable to agree with the owner or owners of said private property interest for its purchase. Any condemnation action herein authorized shall have precedence over all actions, except criminal actions, and shall be summarily tried and disposed of.
[ 2003 c 334 s 227; 1963 c 140 s 2; 1945 c 239 s 2; Rem. Supp. 1945 s 5823-31. Formerly RCW 76.16.020.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Condemnation—Duty of attorney general.


title: RCW 79.36.330

text:
In the event the department should determine that the property interests acquired under the authority of this chapter are no longer necessary for the purposes for which they were acquired, the department shall dispose of the same in the following manner, when in the discretion of the department it is to the best interests of the state of Washington to do so, except that property purchased with educational funds or held in trust for educational purposes shall be sold only in the same manner as are state lands:
(1) Where the state property necessitating the acquisition of private property interests for access purposes under authority of this chapter is sold or exchanged, the acquired property interests may be sold or exchanged as an appurtenance of the state property when it is determined by the department that sale or exchange of the state property and acquired property interests as one parcel is in the best interests of the state.
(2) If the acquired property interests are not sold or exchanged as provided in subsection (1) of this section, the department shall notify the person or persons from whom the property interest was acquired, stating that the property interests are to be sold, and that the person or persons shall have the right to purchase the same at the appraised price. The notice shall be given by registered letter or certified mail, return receipt requested, mailed to the last known address of the person or persons. If the address of the person or persons is unknown, the notice shall be published twice in an official newspaper of general circulation in the county where the lands or a portion thereof is located. The second notice shall be published not less than ten nor more than thirty days after the notice is first published. The person or persons shall have thirty days after receipt of the registered letter or five days after the last date of publication, as the case may be, to notify the department, in writing, of their intent to purchase the offered property interest. The purchaser shall include with his or her notice of intention to purchase, cash payment, certified check, or money order in an amount not less than one-third of the appraised price. No instrument conveying property interests shall issue from the department until the full price of the property is received by the department. All costs of publication required under this section shall be added to the appraised price and collected by the department upon sale of the property interests.
(3) If the property interests are not sold or exchanged as provided in subsections (1) and (2) of this section, the department shall notify the owners of land abutting the property interests in the same manner as provided in subsection (2) of this section and their notice of intent to purchase shall be given in the manner and in accordance with the same time limits as are set forth in subsection (2) of this section. However, if more than one abutting owner gives notice of intent to purchase the property interests, the department shall apportion them in relation to the lineal footage bordering each side of the property interests to be sold, and apportion the costs to the interested purchasers in relation thereto. Further, no sale is authorized by this section unless the department is satisfied that the amounts to be received from the several purchasers will equal or exceed the appraised price of the entire parcel plus any costs of publishing notices.
(4) If no sale or exchange is consummated as provided in subsections (1) through (3) of this section, the department shall sell the properties in the same manner as state lands are sold.
(5) Any disposal of property interests authorized by this chapter shall be subject to any existing rights previously granted by the department.
[ 2004 c 199 s 217; 2003 c 334 s 228; 1963 c 140 s 3; 1945 c 239 s 3; Rem. Supp. 1945 s 5823-32. Formerly RCW 76.16.030.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Disposal of property interests acquired.


title: RCW 79.36.340

text:
The department in acquiring any property interests under the provisions of this chapter, either by purchase or condemnation, is hereby authorized to pay for the same out of any moneys available to the department for this purpose.
[ 2003 c 334 s 229; 1963 c 140 s 4; 1945 c 239 s 4; Rem. Supp. 1945 s 5823-33. Formerly RCW 76.16.040.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Acquisition—Payment.


title: RCW 79.36.350

text:
(1) Any person, firm, or corporation engaged in the business of logging or lumbering, quarrying, mining or removing sand, gravel, or other valuable materials from land, and desirous of obtaining a right-of-way for the purpose of transporting or moving timber, minerals, stone, sand, gravel, or other valuable materials from other lands, over and across any state lands, or tide or shore lands [tidelands or shorelands] belonging to the state, or any such lands sold or leased by the state since the fifteenth day of June, 1911, shall file with the department upon a form to be furnished for that purpose, a written application for such right-of-way, accompanied by a plat showing the location of the right-of-way applied for with references to the boundaries of the government section in which the lands over and across which such right-of-way is desired are located. Except as provided in subsection (2) of this section, upon the filing of such application and plat, the department shall cause the lands embraced within the right-of-way applied for, to be inspected, and all timber thereon, and all damages to the lands affected which may be caused by the use of such right-of-way, to be appraised, and shall notify the applicant of the appraised value of such timber and such appraisement of damages. Except as provided in subsection (2) of this section, upon the payment to the department of the amount of the appraised value of timber and damages, the department shall issue in duplicate a right-of-way certificate setting forth the terms and conditions upon which such right-of-way is granted, as provided in the preceding sections, and providing that whenever such right-of-way shall cease to be used for the purpose for which it was granted, or shall not be used in accordance with such terms and conditions, it shall be deemed forfeited. One copy of such certificate shall be filed in the office of the department and one copy delivered to the applicant.
(2) The department's obligation to issue a right-of-way certificate as provided in subsection (1) of this section does not apply to an application for a right-of-way over land in which the federal government claims the exclusive right to grant an easement or right-of-way to third parties over such land. However, this exception does not apply where the department disputes the claim by the federal government. The existence of this section may not be deemed an acknowledgment that the federal government holds any such exclusive granting rights.
[ 2021 c 49 s 1; 2003 c 334 s 383; 1927 c 255 s 83; RRS s 7797-83. Prior: 1921 c 55 s 1; 1915 c 147 s 12; 1897 c 89 s 34; 1895 c 178 s 45. Formerly RCW 79.01.332, 79.36.060.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Similar enactment: RCW 79.36.650.

catchline: Application for right-of-way.


title: RCW 79.36.355

text:
The department may grant to any person such easements and rights in public lands, not otherwise provided in law, as the applicant applying therefor may acquire in privately owned lands. No grant shall be made under this section until such time as the full market value of the estate or interest granted together with damages to all remaining property of the state of Washington has been ascertained and safely secured to the state.
[ 2004 c 199 s 218; 2003 c 334 s 396; 1982 1st ex.s. c 21 s 175; 1961 c 73 s 12. Formerly RCW 79.01.414.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.

catchline: Grant of easements and rights in public land.


title: RCW 79.36.370

text:
All state lands granted, sold or leased since the fifteenth day of June, 1911, or hereafter granted, sold or leased, containing timber, minerals, stone, sand, gravel, or other valuable materials, or when other state lands contiguous or in proximity thereto contain any such valuable materials, shall be subject to the right of the state, or any grantee or lessee thereof who has acquired such other lands, or any such valuable materials thereon, since the fifteenth day of June, 1911, or hereafter acquiring such other lands or valuable materials thereon, to acquire the right-of-way over such lands so granted, sold or leased, for private railroads, skid roads, flumes, canals, watercourses or other easements for the purpose of, and to be used in, transporting and moving such valuable materials from such other lands, over and across the lands so granted or leased, upon the state, or its grantee or lessee, paying to the owner of lands so granted or sold, or the lessee of the lands so leased, reasonable compensation therefor. In case the parties interested cannot agree upon the damages incurred, the same shall be ascertained and assessed in the same manner as damages are ascertained and assessed against a railroad company seeking to condemn private property.
[ 1982 1st ex.s. c 21 s 167; 1927 c 255 s 78; RRS s 7797-78. Prior: 1911 c 109 s 1. Formerly RCW 79.01.312, 79.36.010.]
Notes:
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.
Railroads, eminent domain: RCW 81.36.010 and 81.53.180.
Similar enactment: RCW 79.36.590.
State lands, eminent domain: RCW 8.28.010.

catchline: Lands subject to easements for removal of valuable materials.


title: RCW 79.36.380

text:
Every grant, deed, conveyance, contract to purchase or lease made since June 15, 1911, or hereafter made to any person, firm, or corporation, for a right-of-way for a private railroad, skid road, canal, flume, watercourse, or other easement, over or across any public lands for the purpose of, and to be used in, transporting and moving timber, minerals, stone, sand, gravel, or other valuable materials of the land, shall be subject to the right of the state, or any grantee or lessee thereof, or other person who has acquired since June 15, 1911, or shall hereafter acquire, any lands containing valuable materials contiguous to, or in proximity to, such right-of-way, or who has so acquired or shall hereafter acquire such valuable materials situated upon public lands or contiguous to, or in proximity to, such right-of-way, of having such valuable materials transported or moved over such private railroad, skid road, flume, canal, watercourse, or other easement, after the same is or has been put in operation, upon paying therefor just and reasonable rates for transportation, or for the use of such private railroad, skid road, flume, canal, watercourse, or other easement, and upon complying with just, reasonable and proper rules and regulations relating to such transportation or use, which rates, rules, and regulations, shall be under the supervision and control of the utilities and transportation commission.
[ 2004 c 199 s 219; 1982 1st ex.s. c 21 s 168; 1927 c 255 s 79; RRS s 7797-79. Prior: 1911 c 109 s 2. Formerly RCW 79.01.316, 79.36.020.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.
Similar enactment: RCW 79.36.600.
Washington utilities and transportation commission: Chapter 80.01 RCW.

catchline: Private easement subject to common user.


title: RCW 79.36.390

text:
Any person, firm, or corporation, having acquired such right-of-way or easement since June 15, 1911, or hereafter acquiring such right-of-way or easement over any public lands for the purpose of transporting or moving timber, mineral, stone, sand, gravel, or other valuable materials, and engaged in such business thereon, shall accord to the state, or any grantee or lessee thereof, having since June 15, 1911, acquired, or hereafter acquiring, from the state, any public lands containing timber, mineral, stone, sand, gravel, or other valuable materials, contiguous to or in proximity to such right-of-way or easement, or any person, firm, or corporation, having since June 15, 1911, acquired, or hereafter acquiring, the timber, mineral, stone, sand, gravel, or other valuable materials upon any public lands contiguous to or in proximity to the lands over which such right-of-way or easement is operated, proper and reasonable facilities and service for transporting and moving such valuable materials, under reasonable rules and regulations and upon payment of just and reasonable charges therefor, or, if such right-of-way or other easement is not then in use, shall accord the use of such right-of-way or easement for transporting and moving such valuable materials, under reasonable rules and regulations and upon the payment of just and reasonable charges therefor.
[ 2004 c 199 s 220; 1982 1st ex.s. c 21 s 169; 1927 c 255 s 80; RRS s 7797-80. Prior: 1911 c 109 s 3. Formerly RCW 79.01.320, 79.36.030.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.
Similar enactment: RCW 79.36.610.

catchline: Reasonable facilities and service for transportation must be furnished.