title: RCW 36.33.150

text:
Into the county lands assessment fund shall also be paid any surplus moneys from the sale by the county, pursuant to foreclosure of real estate taxes, of any lands lying in any district formed for diking or drainage purposes or for assessment of road improvements, over and above the amount necessary to redeem the general taxes and other assessments against them, as required by law. Any surplus from any county levy for the fund, unexpended in any year, shall be carried forward in the fund to the next year.
[ 1963 c 4 s 36.33.150. Prior: 1929 c 193 s 4; RRS s 4027-4.]

catchline: County lands assessment fund created—Surplus from tax sales to go into fund.


doc_type: statute

jurisdiction: wa

title: RCW 36.33.160

text:
Upon request the county treasurer shall furnish to the county legislative authority a list of all lands owned by the county, together with the amounts levied as assessments and the district in or by which such assessments are levied, against each description of the lands, as it appears on the assessment roll of the district. On or before the first day of August of each year, upon request, the treasurer shall furnish to the county legislative authority a similar list of all land owned by the county and subject to any such assessments, together with the amounts of any installment of assessments falling due against any of such lands in the ensuing year and an estimate of any maintenance or other assessments to be made against same to fall due in the ensuing year.
[ 1991 c 245 s 9; 1963 c 4 s 36.33.160. Prior: 1929 c 193 s 5; RRS s 4027-5.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: County lands assessment fund created—List of lands to be furnished.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 36.33.170

text:
Moneys received as rentals of irrigated lands may be applied to the payment of current irrigation charges or assessments against the land.
[ 1963 c 4 s 36.33.170. Prior: 1929 c 193 s 6; RRS s 4027-6.]

catchline: County lands assessment fund created—Rentals may be applied against assessments.


title: RCW 36.33.190

text:
The county treasurer shall cash any United States bonds owned by the county as they mature or, with the approval of the state finance committee and of the county finance committee, he or she may at any time sell them. In either event he or she must return the proceeds into the treasury.
[ 2009 c 549 s 4071; 1963 c 4 s 36.33.190. Prior: 1937 c 209 s 2; RRS s 5646-12.]

catchline: County lands assessment fund created—Disposal of bonds.


title: RCW 36.33.200

text:
The board of county commissioners may establish an election reserve fund for the payment of expenses of conducting regular and special state and county elections and compensation of election and registration officers and annually budget and levy a tax therefor. It may also make transfers into the election reserve fund from the current expense fund and receive funds for such purposes from cities, school districts and other subdivisions.
[ 1963 c 4 s 36.33.200. Prior: 1955 c 48 s 1.]

catchline: Election reserve fund.


title: RCW 36.33.210

text:
The limits placed upon the amount to be accumulated in the current expense fund shall not affect the election reserve fund nor shall the existence of the election reserve fund affect the amount which may be accumulated in the current expense fund, nor shall any unexpended balance in the election reserve fund at the end of any budget year revert to the current expense fund but shall be carried forward in the election reserve fund to be used for the purposes for which the fund was created: PROVIDED, That at a regular session, the county commissioners may transfer any surplus in said fund to the current expense fund, if they deem it expedient to do so.
[ 1963 c 4 s 36.33.210. Prior: 1955 c 48 s 2.]

catchline: Election reserve fund—Accumulation of fund—Transfers.


title: RCW 36.33.220

text:
The legislative authority of any county may budget, in accordance with the provisions of chapter 36.40 RCW, and expend any portion of the county road property tax revenues for any service to be provided in the unincorporated area of the county notwithstanding any other provision of law, including chapter 36.82 RCW and RCW 84.52.050 and 84.52.043. County road property tax revenues that are diverted under chapter 39.89 RCW may be expended as provided under chapter 39.89 RCW.
[ 2001 c 212 s 25; 1973 1st ex.s. c 195 s 142; 1973 1st ex.s. c 195 s 32; 1971 ex.s. c 25 s 1.]
Notes:
Severability—Effective dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—1971 ex.s. c 25: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1971 ex.s. c 25 s 4.]

catchline: County road property tax revenues, expenditure for services authorized.


title: RCW 36.33A.010

text:
Every county shall establish, by resolution, an "equipment rental and revolving fund", hereinafter referred to as "the fund", in the county treasury to be used as a revolving fund for the purchase, maintenance, and repair of county road department equipment; for the purchase of equipment, materials, supplies, and services required in the administration and operation of the fund; and for the purchase or manufacture of materials and supplies needed by the county road department.
[ 1977 c 67 s 1.]

catchline: Equipment rental and revolving fund—Establishment—Purposes.


title: RCW 36.33A.020

text:
The legislative body of any county may authorize, by resolution, the use of the fund by any other office or department of the county government or any other governmental agency for similar purposes.
[ 1977 c 67 s 2.]

catchline: Use of fund by other offices, departments or agencies.


title: RCW 36.33A.030

text:
With the approval of the county legislative body, the county engineer, or other appointee of the county legislative body, shall administer the fund and shall be responsible for establishing the terms and charges for the sale of any material or supplies which have been purchased, maintained, or manufactured with moneys from the fund. The terms and charges shall be set to cover all costs of purchasing, storing, and distributing the material or supplies, and may be amended as considered necessary.
[ 1977 c 67 s 3.]

catchline: Administration of fund.


title: RCW 36.33A.040

text:
Rates for the rental of equipment owned by the fund shall be set to cover all costs of maintenance and repair, material and supplies consumed in operating or maintaining the equipment, and the future replacement thereof. The rates shall be determined by the county engineer or other appointee of the county legislative body and shall be subject to annual review by the legislative body. This section does not restrict the ability of the county road administration board to directly inquire into the process of setting rental rates while performing its statutory oversight responsibility.
[ 2007 c 195 s 1; 1977 c 67 s 4.]

catchline: Rates for equipment rental.


title: RCW 36.33A.050

text:
The legislative authority of the county may, from time to time, place moneys in the fund from any source lawfully available to it and may transfer equipment, materials, and supplies of any office or department to the equipment rental and revolving fund with or without charge consistent with RCW 43.09.210. Charges for the rental of equipment and for providing materials, supplies, and services to any county office or department shall be paid monthly into the fund. Proceeds received from other governmental agencies for similar charges and from the sale of equipment or other personal property owned by the equipment rental and revolving fund, which is no longer of any value to or needed by the county, shall be placed in the fund as received.
[ 1977 c 67 s 5.]

catchline: Deposits in fund.


title: RCW 36.33A.060

text:
Moneys accumulated in the equipment rental and revolving fund shall be retained therein from year to year; shall be used only for the purposes stated in this chapter; and shall be subject to the budgetary regulations in chapter 36.40 RCW.
[ 1977 c 67 s 6.]

catchline: Accumulated moneys.


title: RCW 36.34.005

text:
Pursuant to public notice and hearing, any county may establish comprehensive procedures for the management of county property consistent with the public interest and counties establishing such procedures shall be exempt from the provisions of chapter 36.34 RCW: PROVIDED, That all counties shall retain all powers now or hereafter granted by chapter 36.34 RCW.
[ 1973 1st ex.s. c 196 s 1.]

catchline: Establishment of comprehensive procedures for management of county property authorized—Exemption from chapter.


title: RCW 36.34.010

text:
Whenever it appears to the board of county commissioners that it is for the best interests of the county and the taxing districts and the people thereof that any part or parcel, or portion of such part or parcel, of property, whether real, personal, or mixed, belonging to the county, including tax title land, should be sold, the board shall sell and convey such property, under the limitations and restrictions and in the manner hereinafter provided.
In making such sales the board of county commissioners may sell any timber, mineral, or other resources on any land owned by the county separate and apart from the land in the same manner and upon the same terms and conditions as provided in this chapter for the sale of real property.
The board of county commissioners may reserve mineral rights in such land and, if such reservation is made, any conveyance of the land shall contain the following reservation:
"The party of the first part hereby expressly saves, excepts, and reserves out of the grant hereby made, unto itself, its successors, and assigns, forever, all oils, gases, coals, ores, minerals, gravel, timber, and fossils of every name, kind, or description, and which may be in or upon said lands above described; or any part thereof, and the right to explore the same for such oils, gases, coals, ores, minerals, gravel, timber and fossils; and it also hereby expressly saves and reserves out of the grant hereby made, unto itself, its successors, and assigns, forever, the right to enter by itself, its agents, attorneys, and servants upon said lands, or any part or parts thereof, at any and all times, for the purpose of opening, developing, and working mines thereon, and taking out and removing therefrom all such oils, gases, coal, ores, minerals, gravel, timber, and fossils, and to that end it further expressly reserves out of the grant hereby made, unto itself, its successors, and assigns, forever, the right by it or its agents, servants, and attorneys at any and all times to erect, construct, maintain, and use all such buildings, machinery, roads and railroads, sink such shafts, remove such oil, and to remain on said lands or any part thereof, for the business of mining and to occupy as much of said lands as may be necessary or convenient for the successful prosecution of such mining business, hereby expressly reserving to itself, its successors, and assigns, as aforesaid, generally, all rights and powers in, to, and over said land, whether herein expressed or not, reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of the property and the rights hereby expressly reserved."
No rights shall be exercised under the foregoing reservation until provision has been made to pay to the owner of the land upon which the rights reserved are sought to be exercised, full payment for all damages sustained by reason of entering upon the land: PROVIDED, That if the owner for any cause refuses or neglects to settle the damages, the county, its successors, or assigns, or any applicant for a lease or contract from the county for the purpose of prospecting for or mining valuable minerals, or operation contract, or lease, for mining coal, or lease for extracting petroleum or natural gas, shall have the right to institute such legal proceedings in the superior court of the county wherein the land is situated, as may be necessary to determine the damages which the owner of the land may suffer. Any of the reserved minerals or other resources not exceeding two hundred dollars in value may be sold, when the board deems it advisable, either with or without publication of notice of sale, and in such manner as the board may determine will be most beneficial to the county.
[ 1963 c 4 s 36.34.010. Prior: 1945 c 172 s 3; 1943 c 19 s 1; 1891 c 76 s 1; Rem. Supp. 1945 s 4007.]

catchline: Authority to sell—May sell timber, minerals separately—Mineral reservation.


title: RCW 36.34.020

text:
Whenever the county legislative authority desires to dispose of any county property except:
(1) When selling to a governmental agency;
(2) When personal property to be disposed of is to be traded in upon the purchase of a like article;
(3) When the value of the property to be sold is less than two thousand five hundred dollars;
(4) When the county legislative authority by a resolution setting forth the facts has declared an emergency to exist;
it shall publish notice of its intention so to do once each week during two successive weeks in a legal newspaper of general circulation in the county.
[ 1991 c 363 s 66; 1985 c 469 s 45; 1967 ex.s. c 144 s 1; 1963 c 4 s 36.34.020. Prior: 1945 c 254 s 1; Rem. Supp. 1945 s 4014-1; prior: 1891 c 76 s 2, part; RRS s 4008, part.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.

catchline: Publication of notice of intention to sell.


title: RCW 36.34.030

text:
The notice of hearing on the proposal to dispose of any county property must particularly describe the property or portion thereof proposed to be sold and designate the place where and the day and hour when a hearing will be held thereon and be posted in a conspicuous place in the courthouse. Both posting and the date of first publication must be at least ten days before the day set for the hearing.
[ 1963 c 4 s 36.34.030. Prior: 1945 c 254 s 2; Rem. Supp. 1945 s 4014-2; prior: 1891 c 76 s 2, part; RRS s 4008, part.]

catchline: Requirements of notice—Posting.


title: RCW 36.34.040

text:
The board shall hold a public hearing upon a proposal to dispose of county property at the day and hour fixed in the notice at its usual place of business and admit evidence offered for and against the propriety and advisability of the proposed action. Any taxpayer in person or by counsel may submit evidence and submit an argument, but the board may limit the number to three on a side.
[ 1963 c 4 s 36.34.040. Prior: 1945 c 254 s 3; Rem. Supp. 1945 s 4014-3; prior: 1891 c 76 s 2, part; RRS s 4008, part.]

catchline: Public hearing.


title: RCW 36.34.050

text:
Within three days after the hearing upon a proposal to dispose of county property, the county legislative authority shall make its findings and determination thereon and cause them to be spread upon its minutes and made a matter of record. The county legislative authority may set a minimum sale price on property that is proposed for sale.
[ 1991 c 363 s 67; 1963 c 4 s 36.34.050. Prior: 1945 c 254 s 4; Rem. Supp. 1945 s 4014-4; prior: 1891 c 76 s 3; RRS s 4009.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Findings and determination—Minimum price.


title: RCW 36.34.060

text:
Sales of personal property must be for cash except when:
(1) A public auction sale by electronic media is conducted pursuant to RCW 36.16.145;
(2) Property is transferred to a governmental agency; or
(3) The county property is to be traded in on the purchase of a like article, in which case the proposed cash allowance for the trade-in must be part of the proposition to be submitted by the seller in the transaction.
[ 2015 c 95 s 4; 1963 c 4 s 36.34.060. Prior: 1945 c 254 s 5; Rem. Supp. 1945 s 4014-5; prior: 1915 c 8 s 1, part; 1891 c 76 s 5, part; RRS s 4011, part.]
Notes:
Intent—2015 c 95: See note following RCW 36.16.145.

catchline: Sales of personalty.


title: RCW 36.34.070

text:
The board may advertise and sell used highway or other equipment belonging to the county or to any taxing division thereof subject to its jurisdiction in the manner prescribed for the sale of county property, or it may trade it in on the purchase of new equipment. If the board elects to trade in the used equipment it shall include in its call for bids on the new equipment a notice that the county has for sale or trade-in used equipment of a specified type and description which will be sold or traded in on the same day and hour that the bids on the new equipment are opened. Any bidder on the new equipment may include in his or her offer to sell, an offer to accept the used equipment as a part payment of the new equipment purchase price, setting forth the amount of such allowance.
In determining the lowest and best bid on the new equipment the board shall consider the net cost to the county of such new equipment after trade-in allowances have been deducted. The board may accept the new equipment bid of any bidder without trading in the used equipment but may not require any such bidder to purchase the used equipment without awarding the bidder the new equipment contract. Nothing in this section shall bar anyone from making an offer for the purchase of the used equipment independent of a bid on the new equipment and the board shall consider such offers in relation to the trade-in allowances offered to determine the net best sale and purchase combination for the county.
[ 2009 c 549 s 4072; 1963 c 4 s 36.34.070. Prior: 1945 c 254 s 6; Rem. Supp. 1945 s 4014-6.]

catchline: Sales and purchases of equipment—Trade-ins.


title: RCW 36.34.080

text:
(1) All sales of county property ordered after a public hearing upon the proposal to dispose of the property must be supervised by the county treasurer and may be sold:
(a) At a county or other government agency's public auction, including a public auction sale by electronic media conducted pursuant to RCW 36.16.145;
(b) At a privately operated consignment auction that is open to the public; or
(c) By sealed bid to the highest and best bidder.
(2) All sales of county property must meet or exceed the minimum sale price as directed by the county legislative authority.
[ 2015 c 95 s 5; 1993 c 8 s 1. Prior: 1991 c 363 s 68; 1991 c 245 s 10; 1965 ex.s. c 23 s 1; 1963 c 4 s 36.34.080; prior: 1945 c 254 s 7; Rem. Supp. 1945 s 4014-7; prior: 1891 c 76 s 4, part; RRS s 4010, part.]
Notes:
Intent—2015 c 95: See note following RCW 36.16.145.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Public auction sales, where held: RCW 36.16.140.

catchline: Sales to be at public auction.


title: RCW 36.34.090

text:
(1) Whenever county property is to be sold at public auction, consignment auction, or sealed bid, the county treasurer or the county treasurer's designee must:
(a) Publish notice of the sale once during each of two successive calendar weeks in a newspaper of general circulation in the county;
(b) Post notice of the sale in a conspicuous place in the county courthouse; and
(c) If a public auction sale by electronic media will be conducted pursuant to RCW 36.16.145, post notice of the sale on the county's internet website.
(2) The posting and date of first publication must be at least ten days before the day fixed for the sale.
[ 2015 c 95 s 6; 1997 c 393 s 5; 1991 c 363 s 69; 1985 c 469 s 46; 1963 c 4 s 36.34.090. Prior: 1945 c 254 s 8; Rem. Supp. 1945 s 4014-8; prior: 1891 c 76 s 4, part; RRS s 4010, part.]
Notes:
Intent—2015 c 95: See note following RCW 36.16.145.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Notice of sale.


title: RCW 36.34.100

text:
The notice of sale of county property by auction sale must particularly describe the property to be sold and designate the day and hour and the location of the auction sale. The notice of sale of county property by sealed bid must describe the property to be sold, designate the date and time after which the bids are not received, the location to turn in the sealed bid, and the date, time, and location of the public meeting of the county legislative authority when the bids are opened and read in public.
[ 1991 c 363 s 70; 1963 c 4 s 36.34.100. Prior: 1945 c 254 s 9; Rem. Supp. 1945 s 4014-9; prior: 1891 c 76 s 4, part; RRS s 4010, part.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Notice of sale—Requirements of.


title: RCW 36.34.110

text:
The proceeds of sales of county property except in cases of trade-in allowances upon purchases of like property must be paid to the county treasurer who must receipt therefor and execute the proper documents transferring title attested to by the county auditor. In no case shall the title be transferred until the purchase price has been fully paid.
[ 1963 c 4 s 36.34.110. Prior: 1945 c 254 s 10; Rem. Supp. 1945 s 4014-10; prior: (i) 1915 c 8 s 1, part; 1891 c 76 s 5, part; RRS s 4011, part. (ii) 1891 c 76 s 6, part; RRS s 4013, part.]

catchline: Disposition of proceeds.


title: RCW 36.34.120

text:
Proceeds from the sale of used equipment must be credited to the fund from which the original purchase price was paid.
[ 1963 c 4 s 36.34.120. Prior: 1945 c 254 s 11; Rem. Supp. 1945 s 4014-11.]

catchline: Used equipment sales.


title: RCW 36.34.130

text:
The board of county commissioners may dispose of county property to another governmental agency and may acquire property for the county from another governmental agency by means of private negotiation upon such terms as may be agreed upon and for such consideration as may be deemed by the board of county commissioners to be adequate.
[ 1963 c 4 s 36.34.130. Prior: 1945 c 254 s 12; Rem. Supp. 1945 s 4014-12.]

catchline: Intergovernmental sales.


title: RCW 36.34.135

text:
If a county owns property that is located anywhere within the county, including within the limits of a city or town, and that is suitable for affordable housing, the legislative authority of the county may, by negotiation, lease the property for affordable housing for a term not to exceed seventy-five years to any public housing authority or nonprofit organization that has demonstrated its ability to construct or operate housing for very low-income, low-income, or moderate-income households as defined in RCW 43.63A.510 and special needs populations. Leases for housing for very low-income, low-income, or moderate-income households and special needs populations shall not be subject to any requirement of periodic rental adjustments, as provided in RCW 36.34.180, but shall provide for such fixed annual rents as appear reasonable considering the public, social, and health benefits to be derived by providing an adequate supply of safe and sanitary housing for very low-income, low-income, or moderate-income households and special needs populations.
[ 1993 c 461 s 6; 1990 c 253 s 7.]
Notes:
Finding—1993 c 461: See note following RCW 43.63A.510.
Legislative finding and purpose—1990 c 253: See note following RCW 43.70.340.

catchline: Leases of county property—Affordable housing.


title: RCW 36.34.140

text:
The board of county commissioners, if it appears that it is for the best interests of the county and the people thereof, that any county real property and its appurtenances should be leased for a year or a term of years, may lease such property under the limitations and restrictions and in the manner provided in this chapter, and, if it appears that it is for the best interests of the county and the people thereof, that any county real property and its appurtenances which is now being, or is to be devoted to airport or aeronautical purposes or purposes incidental thereto, should be leased for a year or a term of years, said board of county commissioners may lease such property under the limitations and restrictions and in the manner provided in this chapter, and said board of county commissioners shall have power to lease such county real property and its appurtenances whether such property was heretofore or hereafter acquired or whether heretofore or hereafter acquired by tax deed under tax foreclosure proceedings for nonpayment of taxes or whether held or acquired in any other manner. Any lease executed under the authority of the provisions hereof creates a vested interest and a contract binding upon the county and the lessee.
[ 1963 c 4 s 36.34.140. Prior: 1951 2nd ex.s. c 14 s 1; prior: (i) 1901 c 87 s 1; RRS s 4019. (ii) 1901 c 87 s 6, part; RRS s 4024, part.]

catchline: Leases of county property—Airports.


title: RCW 36.34.145

text:
The legislative authority of any county owning property in or outside the limits of any city or town, or anywhere within the county, which is suitable for agricultural fair purposes may by negotiation lease such property for such purposes for a term not to exceed seventy-five years to any nonprofit organization that has demonstrated its qualification to conduct agricultural fairs. Such agricultural fair leases shall not be subject to any requirement of periodic rental adjustments, as provided in RCW 36.34.180, but shall provide for such fixed annual rental as shall appear reasonable, considering the benefit to be derived by the county in the promotion of the fair and in the improvement of the property. The lessee may utilize or rent out such property at times other than during the fair season for nonfair purposes in order to obtain income for fair purposes, and during the fair season may sublease portions of the property for purposes and activities associated with such fair. No sublease shall be valid unless the same shall be approved in writing by the county legislative authority: PROVIDED, That failure of such lessee, except by act of God, war or other emergency beyond its control, to conduct an annual agricultural fair or exhibition, shall cause said lease to be subject to cancellation by the county legislative authority. A county legislative authority entering into an agreement with a nonprofit association to lease property for agricultural fair purposes shall, when requested to do so, file a copy of the lease agreement with the department of agriculture or the state fair commission in order to assure compliance with the provisions of RCW 15.76.165.
[ 1986 c 171 s 2; 1963 c 4 s 36.34.145. Prior: 1957 c 134 s 1.]

catchline: Leases of county property to nonprofit organizations for agricultural fairs.


title: RCW 36.34.150

text:
Any person desiring to lease county lands shall make application in writing to the board of county commissioners. Each application shall be accompanied by a deposit of not less than ten dollars or such other sum as the county commissioners may require, not to exceed twenty-five dollars. The deposit shall be in the form of a certified check or certificate of deposit on some bank in the county, or may be paid in cash. In case the lands applied for are leased at the time they are offered, the deposit shall be returned to the applicant, but if the party making application fails or refuses to comply with the terms of his or her application and to execute the lease, the deposit shall be forfeited to the county, and the board of county commissioners shall pay the deposit over to the county treasurer, who shall place it to the credit of the current expense fund.
[ 2009 c 549 s 4073; 1963 c 4 s 36.34.150. Prior: 1901 c 87 s 2; RRS s 4020.]

catchline: Application to lease—Deposit.


title: RCW 36.34.160

text:
When, in the judgment of the board of county commissioners, it is found desirable to lease the land applied for, it shall first give notice of its intention to make such lease by publishing a notice in a legal newspaper at least once a week for the term of three weeks, and shall also post a notice of such intention in a conspicuous place in the courthouse for the same length of time. The notice so published and posted shall designate and describe the property which is proposed to be leased, together with the improvements thereon and appurtenances thereto, and shall contain a notice that the board of county commissioners will meet at the county courthouse on a day and at an hour designated in the notice, for the purpose of leasing the property which day and hour shall be at a time not more than a week after the expiration of the time required for the publication of the notice.
[ 1963 c 4 s 36.34.160. Prior: 1901 c 87 s 3; RRS s 4021.]

catchline: Notice of intention to lease.


title: RCW 36.34.170

text:
Any person may appear at the meeting of the county commissioners or any adjourned meeting thereof, and make objection to the leasing of the property, which objection shall be stated in writing. In passing upon objections the board of county commissioners shall, in writing, briefly give its reasons for accepting or rejecting the same, and such objections, and the reasons for accepting or refusing the application, shall be published by the board in the next subsequent weekly issue of the newspaper in which the notice of hearing was published.
[ 1963 c 4 s 36.34.170. Prior: 1901 c 87 s 5; RRS s 4023.]

catchline: Objections to leasing.


title: RCW 36.34.180

text:
At the day and hour designated in the notice or at any subsequent time to which the meeting may be adjourned by the board of county commissioners, but not more than thirty days after the day and hour designated for the meeting in the published notice, the board may lease the property in such notice described for a term of years and upon such terms and conditions as to the board may seem just and right in the premises. No lease shall be for a longer term in any one instance than ten years, and no renewal of a lease once executed and delivered shall be had, except by a re-leasing and re-letting of the property according to the terms and conditions of this chapter: PROVIDED, That if a county owns property within or outside the corporate limits of any city or town or anywhere in the county suitable for municipal purposes, or for commercial buildings, or owns property suitable for manufacturing or industrial purposes or sites, or for military purposes, or for temporary or emergency housing, or for any requirement incidental to manufacturing, commercial, agricultural, housing, military, or governmental purposes, the board of county commissioners may lease it for such purposes for any period not to exceed thirty-five years: PROVIDED FURTHER, Where the property involved is or is to be devoted to airport purposes and construction work or the installation of new facilities is contemplated, the board may lease said property for such period as may equal the estimated useful life of such work or facilities but not to exceed seventy-five years.
If property is leased for municipal purposes or for commercial buildings or manufacturing or industrial purposes the lessee shall prior to the execution of the lease file with the board of county commissioners general plans and specifications of the building or buildings to be erected thereon for such purposes. All leases when executed shall provide that they shall be canceled by failure of the lessee to construct such building or buildings or other improvements for such purposes within three years from date of the lease, and in case of failure so to do the lease and all improvements thereon including the rentals paid, shall thereby be forfeited to the county unless otherwise stipulated. No change or modification of the plans shall be made unless first approved by the board of county commissioners. If at any time during the life of the lease the lessee fails to use the property for the purposes leased, without first obtaining permission in writing from the board of county commissioners so to do, the lease shall be forfeited.
Any lease made for a longer period than ten years shall contain provisions requiring the lessee to permit the rentals for every five year period thereafter, or part thereof, at the commencement of such period, to be readjusted and fixed by the board of county commissioners. In the event that the lessee and the board cannot agree upon the rentals for said five year period, the lessee shall submit to have the disputed rentals for the subsequent period adjusted by arbitration. The lessee shall pick one arbitrator and the board one, and the two so chosen shall select a third. No board of arbitrators shall reduce the rentals below the sum fixed or agreed upon for the last preceding period. All buildings, factories, or other improvements made upon property leased shall belong to and become property of such county, unless otherwise stipulated, at the expiration of the lease.
No lease shall be assigned without the assignment being first authorized by resolution of the board of county commissioners and the consent in writing of at least two members of the board endorsed on the lease. All leases when drawn shall contain this provision.
This section shall not be construed to limit the power of the board of county commissioners to sell, lease, or by gift convey any property of the county to the United States or any of its governmental agencies to be used for federal government purposes.
[ 1963 c 4 s 36.34.180. Prior: 1951 c 41 s 1; 1941 c 110 s 2; 1913 c 162 s 1; 1903 c 57 s 1; 1901 c 87 s 4; RRS s 4022.]

catchline: Lease terms.


title: RCW 36.34.190

text:
No lease shall be made by the county except to the highest responsible bidder at the time of the hearing set forth in the notice of intention to lease.
[ 1963 c 4 s 36.34.190. Prior: 1901 c 87 s 6, part; RRS s 4024, part.]

catchline: Lease to highest responsible bidder.


title: RCW 36.34.192

text:
RCW 36.34.150 through 36.34.190 shall not apply to agreements entered into pursuant to chapter 70A.140 RCW provided there is compliance with the procurement procedure under RCW 70A.140.040.
[ 2020 c 20 s 1021; 1986 c 244 s 12.]

catchline: Application of RCW 36.34.150 through 36.34.190 to certain service provider agreements under chapter 70A.140 RCW.


title: RCW 36.34.200

text:
Upon the decision of the board of county commissioners to lease the lands applied for, a lease shall be executed in duplicate to the lessee by the chair of the board and the county auditor, attested by his or her seal of office, which lease shall also be signed by the lessee. The lease shall refer to the order of the board directing the lease, with a description of the lands conveyed, the periods of payment, and the amounts to be paid for each period.
[ 2009 c 549 s 4074; 1963 c 4 s 36.34.200. Prior: 1901 c 87 s 7; RRS s 4025.]

catchline: Execution of lease agreement.


title: RCW 36.34.205

text:
In accordance with RCW 35.42.010 through 35.42.220, a county with a population of six hundred thousand or more may lease space and provide for the leasing of such space through leases with an option to purchase and the acquisition of buildings erected upon land owned by the county upon the expiration of lease of such land. For the purposes of this section, "building," as defined in RCW 35.42.020 shall be construed to include any building or buildings used as part of, or in connection with, the operation of the county. The authority conferred by this section is in addition to and not in lieu of any other provision authorizing counties to lease property.
[ 2009 c 153 s 1; 1998 c 278 s 10.]

catchline: Lease of building space—Counties with a population of six hundred thousand or more.


title: RCW 36.34.210

text:
The board of county commissioners of any county which acquires any lands through foreclosure of tax liens or otherwise, which by reason of their location, topography, or geological formation are chiefly valuable for the purpose of developing and growing timber, and which are situated within the boundaries of any national forest, may, upon application by the proper forest service official of the United States government, convey such lands to the United States government for national forest purposes under the national forestland exchange regulations, for such compensation as may be deemed equitable.
[ 1963 c 4 s 36.34.210. Prior: 1931 c 69 s 1; RRS s 4015-1.]

catchline: Forestlands may be conveyed to United States.


title: RCW 36.34.220

text:
If the board of county commissioners of any county adjudges that it is desirable and for the general welfare and benefit of the people of the county and for the interest of the county to lease or convey property, real or personal, belonging to the county, however acquired, whether by tax foreclosure or in any other manner, to the United States for the purpose of flood control, navigation, power development, or for use in connection with federal projects within the scope of the federal reclamation act of June 17, 1902, and the act of congress of August 30, 1935, entitled "An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes," and federal acts amendatory thereof and supplemental thereto, for the reclamation and irrigation of arid lands, the board, by majority vote, may lease or convey such property to the United States for flood control, navigation, and power development purposes, or for use in connection with federal projects for the reclamation and irrigation of arid lands. This property may be conveyed or leased by deed or other instrument of conveyance or lease without notice and upon such consideration, if any, as shall be determined by the board and the deed or lease may be signed by the county treasurer when authorized to do so by resolution of the board. Any deed issued heretofore by any county to the United States under authority of section 1, chapter 46, Laws of 1937 and the amendments thereto, is ratified and approved and declared to be valid.
[ 1963 c 4 s 36.34.220. Prior: 1945 c 94 s 1; 1941 c 142 s 1; 1937 c 46 s 1; Rem. Supp. 1945 s 4015-6.]

catchline: Lease or conveyance to United States for flood control, navigation, and allied purposes.


title: RCW 36.34.230

text:
Pursuant to the Constitution and laws of the United States and the Constitution of this state, consent of the legislature is given to such conveyance by a county to the United States for such purposes.
[ 1963 c 4 s 36.34.230. Prior: 1937 c 46 s 2; RRS s 4015-7.]

catchline: Lease or conveyance to United States for flood control, navigation, and allied purposes—State consents to conveyance.


title: RCW 36.34.240

text:
Pursuant to the Constitution and laws of the United States and the Constitution of this state, consent of the legislature is given to the exercise by the congress of the United States of exclusive legislation in all cases whatsoever on such tract or parcels of land so conveyed to it: PROVIDED, That all civil process issued from the courts of the state and such criminal process as may issue under the authority of the state against any person charged with crime in cases arising outside of said tract may be served and executed thereon in the same manner as if such property were retained by the county.
[ 1963 c 4 s 36.34.240. Prior: 1937 c 46 s 3; RRS s 4015-8.]

catchline: Lease or conveyance to United States for flood control, navigation, and allied purposes—Cession of jurisdiction.


title: RCW 36.34.250

text:
The board of county commissioners of any county by a majority vote are hereby authorized to directly lease, sell, or convey by gift, all or any portion of real estate, or any interest therein owned by the county, however acquired, by tax foreclosure or in any other manner, to the United States for the use and benefit of any branch of the army, navy, marine corps or air forces of the United States, or for enlarging or improving any military base thereof, or for any governmental housing project, or for the purpose of constructing and operating any federal power project, or to the state of Washington, without requiring competitive bids or notice to the public and at such price and terms as the board may deem for the best interests of the county. The property may be conveyed to the United States or to the state of Washington by deed or other instrument of conveyance and shall not require any consideration, if donated, other than the benefit which may be derived by the county on account of the use thereof and development of such property by the United States government or the state.
[ 1963 c 4 s 36.34.250. Prior: 1941 c 227 s 1; Rem. Supp. 1941 s 4026-1a.]

catchline: Lease or conveyance to the state or to United States for military, housing, and other purposes.


title: RCW 36.34.260

text:
In any county where the federal government owns and maintains property under the jurisdiction of the navy department or war department, or any other federal department, the board of county commissioners by majority vote may sell, lease or transfer to the United States government any real or personal property owned by said county, however acquired, for the use and benefit of any branch of the army, navy, marine corps or air forces thereof or for enlarging or improving any military base thereof, or for any other governmental housing project, or to the state of Washington, without requiring competitive bids or notice to the public and at such price and terms as the board may deem for the best interests of the county. This property may be conveyed to the government of the United States by bill of sale or other instrument of conveyance and need not require consideration other than the benefit which may be derived by the county on account of the use thereof and development of such property by the United States government. The state of Washington may buy and/or sell such property, or the state of Washington may buy and/or sell such property for the purposes herein stated; or mutually interchange or trade such property or purchase one from the other.
[ 1963 c 4 s 36.34.260. Prior: 1941 c 227 s 2; Rem. Supp. 1941 s 4026-1b.]

catchline: Lease or conveyance to the state or to United States for military, housing, and other purposes—Procedure.


title: RCW 36.34.270

text:
The resolution of the board of county commissioners to grant an option to purchase, contract to sell, lease, sell and convey, or donate, as provided, shall be entered by said board upon its journal, and any option to purchase, contract to sell, lease, sale and conveyance, or donation executed pursuant thereto, shall be signed on behalf of the county by the board of county commissioners, or a majority thereof, and shall be acknowledged in the manner prescribed by law.
[ 1963 c 4 s 36.34.270. Prior: 1941 c 227 s 3; Rem. Supp. 1941 s 4026-1c.]

catchline: Lease or conveyance to the state or to United States for military, housing, and other purposes—Execution of instrument of transfer.


title: RCW 36.34.280

text:
Whenever any county holds title to lands, for county purposes, acquired by grant, patent, or other conveyance from the United States executed under and pursuant to an act of congress, and the board of county commissioners of such county by resolution finds and determines that any portion thereof is not required for county purposes and that it would be for the best interest of the county to have such portion of the lands devoted to use by a municipality lying within the county, the board of county commissioners may, with the consent of the congress of the United States, by a proper instrument of conveyance executed by the board on behalf of the county, convey such lands to the municipality for municipal purposes, either with or without consideration, and shall not be required to advertise or offer such lands for sale or lease in the manner provided by law for the sale or lease of county property.
[ 1963 c 4 s 36.34.280. Prior: 1917 c 69 s 1; RRS s 4015.]

catchline: Conveyance to municipality.


title: RCW 36.34.290

text:
The boards of county commissioners of the several counties may dedicate any county land to public use for public streets and alleys in any city or town.
[ 1963 c 4 s 36.34.290. Prior: 1903 c 89 s 1; RRS s 4026.]

catchline: Dedication of county land for streets and alleys.


title: RCW 36.34.300

text:
Whenever the board of county commissioners of any county deems it for the best interests of the public that any county land lying in any city or town should be dedicated to the public use for streets or alleys, it shall make and enter an order upon its records, designating the land so dedicated, and shall cause a certified copy of the order to be recorded in the auditor's office of the county in which the land is situated, and from and after entry of such order of dedication and the recording thereof as herein provided, such lands shall be thereby dedicated to the public use.
[ 1963 c 4 s 36.34.300. Prior: 1903 c 89 s 2; RRS s 4027.]

catchline: Dedication of county land for streets and alleys—Execution of dedication—Effective date.


title: RCW 36.34.310

text:
Any county in the state may lease any property owned by it to the United States of America or to any agency thereof for a term not exceeding ninety-nine years upon such conditions as may be contained in a written agreement therefor executed on behalf of the county by its board of county commissioners, and by any person on behalf of the United States of America or any agency thereof who has been thereunto authorized: PROVIDED, That any lease made for a longer period than ten years hereunder shall contain provisions requiring the lessee to permit the rentals for every five-year period thereafter, or part thereof, at the commencement of such period, to be readjusted upward and fixed by the board of county commissioners. In the event that the lessee and the board of county commissioners cannot agree upon the rentals for the five-year period, the lessee shall submit to have the disputed rentals for such subsequent period adjusted by arbitration. The lessee shall pick one arbitrator and the board of county commissioners one, and the two so chosen shall select a third. No board of arbitrators shall reduce the rentals below the sum fixed or agreed upon for the last preceding period. All buildings, factories or other improvements made upon property leased under this proviso shall belong to and become property of the county, unless otherwise stipulated, at the expiration of the lease.
[ 1963 c 4 s 36.34.310. Prior: 1949 c 85 s 1; Rem. Supp. 1949 s 4019-1.]

catchline: Long term leases to United States.


title: RCW 36.34.330

text:
The board of county commissioners of any county shall have authority to exchange county real property for privately owned real property of equal value whenever it is determined by a decree of the superior court in the county in which the real property is located, after publication of notice of hearing is given as fixed and directed by such court, that:
(1) The county real property proposed to be exchanged is not necessary to the future foreseeable needs of such county; and
(2) The real property to be acquired by such exchange is necessary for the future foreseeable needs of such county; and
(3) The value of the county real property to be exchanged is not more than the value of the real property to be acquired by such exchange.
[ 1965 ex.s. c 21 s 1.]

catchline: Exchange for privately owned real property of equal value.


title: RCW 36.34.340

text:
Any county or city may acquire by purchase, gift, devise, bequest, grant or exchange, title to or any interests or rights in real property to be provided or preserved for (a) park or recreational purposes, viewpoint or greenbelt purposes, (b) the conservation of land or other natural resources, or (c) historic, scenic, or view purposes.
[ 1965 ex.s. c 76 s 4.]
Notes:
Acquisition of interests in land for conservation, protection, preservation, or open space purposes by counties: RCW 64.04.130.
Historic preservation—Authority of county to acquire property: RCW 36.32.435.
Parks, county commissioners may designate name of: RCW 36.32.430.

catchline: May acquire property for park, recreational, viewpoint, greenbelt, conservation, historic, scenic, or view purposes.


title: RCW 36.34.355

text:
This chapter does not apply to transfers of property under *sections 1 and 2 of this act.
[ 2006 c 35 s 4.]
Notes:
*Reviser's note: The reference to "sections 1 and 2 of this act" appears to be erroneous. Reference to "sections 2 and 3 of this act" codified as RCW 43.99C.070 and 43.83D.120 was apparently intended. RCW 43.99C.070 and 43.83D.120 were recodified as RCW 43.83.400 and 43.83.410, respectively, by the code reviser September 2015.
Findings—2006 c 35: See note following RCW 43.83.400.

catchline: Chapter not applicable to certain transfers of property.


title: RCW 36.34.360

text:
A county may, by ordinance, authorize the use of vacant or blighted county land for the purpose of community gardening under the terms and conditions established for the use of the county land set forth by the ordinance. The ordinance may establish fees for the use of the county land, provide requirements for liability insurance, and provide requirements for a deposit to use the county land, which may be refunded. The ordinance must require that a portion of the community garden include habitat beneficial for the feeding, nesting, and reproduction of all pollinators, including honey bees.
[ 2019 c 353 s 18.]
Notes:
Findings—Intent—2019 c 353: See note following RCW 43.23.300.

catchline: Community garden.


title: RCW 36.35.010

text:
The purpose of this chapter is to increase the power of county legislative authorities over tax title lands. The legislative authority of each county shall have the power to devote tax title lands to public use under its own control or the control of other governmental or quasi-governmental agencies, to exchange such lands for lands worth at least ninety percent of the value of the land exchanged, and to manage such lands to produce maximum revenue therefrom in the manner which derives the most income from such lands. The further purpose of this chapter is to relieve the courts of the obligation of supervising the county legislative authorities in the management and disposition of tax title lands.
[ 1972 ex.s. c 150 s 1.]

catchline: Purpose—Powers of county legislative authority as to tax title lands.


title: RCW 36.35.020

text:
The term "tax title lands" as used in this chapter shall mean any tract of land acquired by the county for lack of other bidders at a tax foreclosure sale. Tax title lands are held in trust for the taxing districts.
[ 2007 c 295 s 2; 1972 ex.s. c 150 s 2.]

catchline: "Tax title lands" defined—Held in trust for taxing districts.


title: RCW 36.35.070

text:
The provisions of this chapter shall be deemed as alternatives to, and not be limited by, the provisions of RCW 39.33.010, 36.34.130, and 36.35.140, nor shall the authority granted in this chapter be held to be subjected to or qualified by the terms of such statutory provisions.
[ 1998 c 106 s 22; 1972 ex.s. c 150 s 8.]

catchline: Chapter as alternative.


title: RCW 36.35.080

text:
Nothing in this chapter shall affect any land deeded in trust to the department of natural resources or its successors pursuant to the provisions of Title 76 RCW.
[ 1988 c 128 s 7; 1972 ex.s. c 150 s 9.]

catchline: Other lands not affected.


title: RCW 36.35.090

text:
Notwithstanding any provision of law to the contrary, or provisions of law limiting the authority granted in this chapter, the legislative authority of any county shall have the authority to manage and exchange tax title lands heretofore or hereafter acquired in the manner and on the terms and conditions set forth in this chapter.
[ 1972 ex.s. c 150 s 3.]

catchline: Chapter not affected by other acts.


title: RCW 36.35.100

text:
All property deeded to the county under the provisions of this chapter shall be treated as follows during the period the property is so held:
(1) The property shall be:
(a) Stricken from the tax rolls as county property;
(b) Exempt from taxation;
(c) Exempt from special assessments except as provided in chapter 35.49 RCW and RCW 35.44.140 and 79.44.190; and
(d) Exempt from property owner association dues or fees.
(2) The sale, management, and leasing of tax title property shall be handled as under chapter 36.35 RCW.
[ 2007 c 295 s 3; 1998 c 106 s 13; 1961 c 15 s 84.64.220. Prior: 1925 ex.s. c 130 s 131; RRS s 11292; prior: 1899 c 141 s 27. Formerly RCW 84.64.220.]

catchline: Treatment of county held tax-title property.


title: RCW 36.35.110

text:
(1) No claims are allowed against the county from any municipality, school district, road district or other taxing district for taxes levied on property acquired by the county by tax deed under the provisions of this chapter, but all taxes must at the time of deeding the property be thereby canceled. However, the proceeds of any sale of any property acquired by the county by tax deed must first be applied to reimburse the county for the costs of foreclosure and sale. The remainder of the proceeds, if any, must be applied to pay any amounts deferred under chapter 84.37 or 84.38 RCW on the property, including accrued interest, and outstanding at the time the county acquired the property by tax deed. The remainder of the proceeds, if any, must be justly apportioned to the various funds existing at the date of the sale, in the territory in which such property is located, according to the tax levies of the year last in process of collection.
(2) For purposes of this section, "costs of foreclosure and sale" means those costs of foreclosing on the property that, when collected, are subject to RCW 84.56.020(13), and the direct costs incurred by the county in selling the property.
[ 2019 c 332 s 3; 2013 c 221 s 2; 1961 c 15 s 84.64.230. Prior: 1925 ex.s. c 130 s 132; RRS s 11293; prior: 1899 c 141 s 28. Formerly RCW 84.64.230.]
Notes:
Effective date—2019 c 332: See note following RCW 84.56.029.

catchline: Disposition of proceeds of sales.


title: RCW 36.35.120

text:
(1) Real property acquired by any county of this state by foreclosure of delinquent taxes may be sold by order of the county legislative authority when in the judgment of the county legislative authority it is deemed in the county's best interests to sell the real property.
(2) When the county legislative authority desires to sell any such property it may, if deemed advantageous to the county, combine any or all of the several lots and tracts of the property in one or more units, and reserve from sale coal, oil, gas, gravel, minerals, ores, fossils, timber, or other resources on or in the lands, and the right to mine for and remove the same. It must then enter an order on its records fixing the unit or units in which the property will be sold, the minimum price for each of the units, and whether the sale will be for cash or whether a contract will be offered, and reserving from sale the resources as it may determine and from which units the reservations will apply, and directing the county treasurer to sell the property in the unit or units and at not less than the price or prices and subject to the reservations so fixed by the county legislative authority. The order is subject to the approval of the county treasurer if several lots or tracts of land are combined in one unit.
(3) Except in cases where the sale is to be by direct negotiation as provided in RCW 36.35.150, the county treasurer must, upon receipt of the order, publish once a week for three consecutive weeks a notice of the sale of the property in a newspaper of general circulation in the county where the land is situated. The notice must describe the property to be sold, the unit or units, the reservations, and the minimum price fixed in the order, together with the time and place and terms of sale, in the same manner as foreclosure sales as provided by RCW 84.64.080. If a public auction sale by electronic media is conducted pursuant to RCW 36.16.145, notice must conform to requirements for a public auction sale by electronic media.
(4) The person making the bid must state whether he or she will pay cash for the amount of his or her bid or accept a real estate contract of purchase in accordance with the provisions hereinafter contained. If a public auction sale by electronic media is conducted pursuant to RCW 36.16.145, the county may require payment by electronic funds transfer.
(5) The person making the highest bid will become the purchaser of the property. If the highest bidder is a contract bidder the purchaser must pay thirty percent of the total purchase price at the time of the sale and enter into a contract with the county as vendor and the purchaser as vendee. The contract must obligate and require the purchaser to pay the balance of the purchase price in ten equal annual installments commencing November 1st and each year following the date of the sale, and require the purchaser to pay twelve percent interest on all deferred payments, interest to be paid at the time the annual installment is due. The contract may contain a provision authorizing the purchaser to make payment in full at any time of any balance due on the total purchase price plus accrued interest on the balance. The contract must contain a provision requiring the purchaser to pay before delinquency all subsequent taxes and assessments that may be levied or assessed against the property subsequent to the date of the contract. The contract must contain a provision that time is of the essence of the contract, and that in the event of a failure of the vendee to make payments at the time and in the manner required and to keep and perform the covenants and conditions therein required of him or her, the contract may be forfeited and terminated at the election of the vendor, and that in event of the election all sums theretofore paid by the vendee will be forfeited as liquidated damages for failure to comply with the provisions of the contract. The contract must also require the vendor to execute and deliver to the vendee a deed of conveyance covering the property upon the payment in full of the purchase price, plus accrued interest.
(6) The county legislative authority may, by order entered in its records, direct that the coal, oil, gas, gravel, minerals, ores, timber, or other resources be sold apart from the land, such sale to be conducted in the manner hereinabove prescribed for the sale of the land. Any such reserved minerals or resources not exceeding two hundred dollars in value may be sold, when the county legislative authority deems it advisable, either with or without such publication of the notice of sale, and in such manner as the county legislative authority may determine will be most beneficial to the county.
[ 2015 c 95 s 7; 2001 c 299 s 10; 1993 c 310 s 1; 1991 c 245 s 30; 1981 c 322 s 7; 1965 ex.s. c 23 s 5; 1961 c 15 s 84.64.270. Prior: 1945 c 172 s 1; 1937 c 68 s 1; 1927 c 263 s 1; 1925 ex.s. c 130 s 133; Rem. Supp. 1945 s 11294; prior: 1903 c 59 s 1; 1899 c 141 s 29; 1890 p 579 s 124; Code 1881 s 2934. Formerly RCW 84.64.270, 84.64.280, 84.64.290, and 84.64.270.]
Notes:
Intent—2015 c 95: See note following RCW 36.16.145.
City may acquire property from county before resale: RCW 35.49.150.
Disposition of proceeds upon resale
generally: RCW 35.49.160.
of property subject to diking, drainage or sewerage improvement district assessments: RCW 85.08.500.
Exchange, lease, management of county tax title lands: Chapter 36.35 RCW.
Tax title land
conveyance of to port districts: RCW 53.25.050.
may be deeded to department of natural resources for reforestation purposes: RCW 79.22.010.
may be leased for mineral, gas and petroleum development: Chapter 78.16 RCW.

catchline: Sales of tax-title property—Reservations—Notices—Installment contracts—Separate sale of reserved resources.


title: RCW 36.35.130

text:
The county treasurer shall upon payment to the county treasurer of the purchase price for the property and any interest due, make and execute under the county treasurer's hand and seal, and issue to the purchaser, a deed in the following form for any lots or parcels of real property sold under the provisions of RCW 36.35.120.
State of Washington





ss.
County of. . . .
This indenture, made this . . . . day of . . . . . ., . . (year) . ., between . . . . . ., as treasurer of . . . . . . county, state of Washington, the party of the first part, and . . . . . ., party of the second part.
WITNESSETH, That whereas, at a public sale of real property, held on the . . . . day of . . . . . ., . . (year) . ., pursuant to an order of the county legislative authority of the county of . . . . . ., state of Washington, duly made and entered, and after having first given due notice of the time and place and terms of the sale, and, whereas, in pursuance of the order of the county legislative authority, and of the laws of the state of Washington, and for and in consideration of the sum of . . . . . . dollars, lawful money of the United States of America, to me in hand paid, the receipt whereof is hereby acknowledged, I have this day sold to . . . . . . the following described real property, and which the real property is the property of . . . . . . county, and which is particularly described as follows, to wit: . . . . . . . . ., the . . . . . . being the highest and best bidder at the sale, and the sum being the highest and best sum bid at the sale;
NOW, THEREFORE, Know ye that I, . . . . . ., county treasurer of the county of . . . . . ., state of Washington, in consideration of the premises and by virtue of the statutes of the state of Washington, in such cases made and provided, do hereby grant and convey unto . . . . . ., heirs and assigns, forever, the real property hereinbefore described, as fully and completely as the party of the first part can by virtue of the premises convey the same.
Given under my hand and seal of office this . . . . day of . . . . . ., . . (year) . .
. . . .
County Treasurer,
By
. . . .
Deputy:
PROVIDED, That when by order of the county legislative authority any of the minerals or other resources enumerated in RCW 36.35.120 are reserved, the deed or contract of purchase shall contain the following reservation:
The party of the first part hereby expressly saves, excepts and reserves out of the grant hereby made, unto itself, its successors, and assigns, forever, all oils, gases, coals, ores, minerals, gravel, timber and fossils of every name, kind or description, and which may be in or upon the lands above described; or any part thereof, and the right to explore the same for such oils, gases, coal, ores, minerals, gravel, timber and fossils; and it also hereby expressly saves reserves out of the grant hereby made, unto itself, its successors and assigns, forever, the right to enter by itself, its agents, attorneys and servants upon the lands, or any part or parts thereof, at any and all times, for the purpose of opening, developing and working mines thereon, and taking out and removing therefrom all such oils, gases, coal, ores, minerals, gravel, timber and fossils, and to that end it further expressly reserves out of the grant hereby made, unto itself, its successors and assigns, forever, the right by it or its agents, servants and attorneys at any and all times to erect, construct, maintain and use all such buildings, machinery, roads and railroads, sink such shafts, remove such oil, and to remain on the lands or any part thereof, for the business of mining and to occupy as much of the lands as may be necessary or convenient for the successful prosecution of such mining business, hereby expressly reserving to itself, its successors and assigns, as aforesaid, generally, all rights and powers in, to and over, the land, whether herein expressed or not, reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of the property and the rights hereby expressly reserved. No rights shall be exercised under the foregoing reservation, by the county, its successors or assigns, until provision has been made by the county, its successors or assigns, to pay to the owner of the land upon which the rights herein reserved to the county, its successors or assigns, are sought to be exercised, full payment for all damages sustained by the owner, by reason of entering upon the land: PROVIDED, That if the owner from any cause whatever refuses or neglects to settle the damages, then the county, its successors or assigns, or any applicant for a lease or contract from the county for the purpose of prospecting for or mining valuable minerals, or operation contract, or lease, for mining coal, or lease for extracting petroleum or natural gas, shall have the right to institute such legal proceedings in the superior court of the county wherein the land is situated, as may be necessary to determine the damages which the owner of the land may suffer: PROVIDED, The county treasurer shall cross out of such reservation any of the minerals or other resources which were not reserved by order of the county legislative authority.
[ 1998 c 106 s 14; 1961 c 15 s 84.64.300. Prior: 1945 c 172 s 2; 1927 c 263 s 2; 1925 ex.s. c 130 s 134; Rem. Supp. 1945 s 11295; prior: 1903 c 59 s 5; 1890 p 577 s 119; Code 1881 s 2938. Formerly RCW 84.64.300.]

catchline: Form of deed and reservation.


title: RCW 36.35.140

text:
The board of county commissioners of any county may, pending sale of any county property acquired by foreclosure of delinquent taxes or amounts deferred under chapter 84.37 or 84.38 RCW, rent any portion thereof on a tenancy from month to month. From the proceeds of the rentals the board of county commissioners must first pay all expense in management of said property and in repairing, maintaining and insuring the improvements thereon. The balance of said proceeds must first be paid to reimburse the county for the costs of foreclosure and sale as defined in RCW 36.35.110. The remainder of the proceeds, if any, must be paid to the department of revenue in the amount of any taxes deferred under chapter 84.37 or 84.38 RCW on the property, including accrued interest, outstanding at the time the county acquired the property by tax deed, and then to the various taxing units interested in the taxes levied against said property in the same proportion as the current tax levies of the taxing units having levies against said property.
[ 2013 c 221 s 3; 1961 c 15 s 84.64.310. Prior: 1945 c 170 s 1; Rem. Supp. 1945 s 11298-1. Formerly RCW 84.64.310.]

catchline: Rental of tax-title property on month to month tenancy authorized.


title: RCW 36.35.150

text:
(1) The county legislative authority may dispose of tax foreclosed property by private negotiation, without a call for bids, for not less than the principal amount of the unpaid taxes in any of the following cases: (a) When the sale is to any governmental agency and for public purposes; (b) when the county legislative authority determines that it is not practical to build on the property due to the physical characteristics of the property or legal restrictions on construction activities on the property; (c) when the property has an assessed value of less than $500 and the property is sold to an adjoining landowner; (d) when no acceptable bids were received at the attempted public auction of the property, if the sale is made within 12 months from the date of the attempted public auction; or (e) when the sale is to an entity operating a land bank authority under RCW 35.108.030.
(2) A county legislative authority must prioritize the transfer of tax foreclosed property to an entity operating a land bank authority under RCW 35.108.030.
(3) Except when a county legislative authority purchases the tax foreclosed property for public purposes or transfers the tax foreclosed property to an entity operating a land bank authority under RCW 35.108.030, the county legislative authority must give notice to any city in which any tax foreclosed property is located within at least 60 days of acquiring such property, and the county may not dispose of the property at public auction or by private negotiation before giving such notice. The notice must offer the city the opportunity to purchase the property for the original minimum bid under RCW 84.64.080, together with any direct costs incurred by the county in the sale. If the city chooses to purchase the property, the following conditions apply:
(a) The city must accept the offer within 30 days of receiving notice, unless the county agrees to extend the offer;
(b) The city must provide that the property is suitable and will be used for an affordable housing development as defined in RCW 36.130.010; and
(c) The city must agree to transfer the property to a local housing authority, land bank authority, or nonprofit entity eligible to receive assistance from the affordable housing program under chapter 43.185A RCW. The city must be reimbursed by the housing authority, land bank authority, or nonprofit entity for the amount the city paid to purchase the property together with any direct costs incurred by the city in the transfer to the housing authority, land bank authority, or nonprofit entity.
[ 2026 c 233 s 6; 2016 c 63 s 1; 2001 c 299 s 11; 1997 c 244 s 2; 1993 c 310 s 2; 1961 c 15 s 84.64.320. Prior: 1947 c 238 s 1; Rem. Supp. 1947 s 11295-1. Formerly RCW 84.64.320.]
Notes:
Findings—Intent—2026 c 233: See RCW 35.108.010.
Effective date—1997 c 244: See note following RCW 84.36.015.

catchline: Tax-title property may be disposed of without bids in certain cases—Disposal for affordable housing purposes.


title: RCW 36.35.160

text:
In any and all instances in this state in which a treasurer's deed to real property has been or shall be issued to the county in proceedings to foreclose the lien of general taxes, and for any reason a defect in title exists or adverse claims against the same have not been legally determined, the county or its successors in interest or assigns shall have authority to institute an action in the superior court in the county to correct such defects, and to determine such adverse claims and the priority thereof as provided in RCW 36.35.160 through 36.35.270.
[ 1998 c 106 s 15; 1961 c 15 s 84.64.330. Prior: 1931 c 83 s 1; 1925 ex.s. c 171 s 1; RRS s 11308-1. Formerly RCW 84.64.330.]

catchline: Quieting title to tax-title property.


title: RCW 36.35.170

text:
The county or its successors in interest or assigns shall have authority to include in one action any and all tracts of land in which plaintiff or plaintiffs in such action, jointly or severally, has or claims to have an interest. Such action shall be one in rem as against every right and interest in and claim against any and every part of the real property involved, except so much thereof as may be at the time the summons and notice is filed with the clerk of the superior court in the actual, open and notorious possession of any person or corporation, and then except only as to the interest claimed by such person so in possession: PROVIDED, That the possession required under the provisions of RCW 36.35.160 through 36.35.270 shall be construed to be that by personal occupancy only, and not merely by representation or in contemplation of law. No person, firm or corporation claiming an interest in or to such lands need be specifically named in the summons and notice, except as in RCW 36.35.160 through 36.35.270, and no pleadings other than the summons and notice and the written statements of those claiming a right, title and interest in and to the property involved shall be required.
[ 1998 c 106 s 16; 1961 c 15 s 84.64.340. Prior: 1931 c 83 s 2; 1925 ex.s. c 171 s 2; RRS s 11308-2. Formerly RCW 84.64.340.]

catchline: Quieting title to tax-title property—Form of action—Pleadings.


title: RCW 36.35.180

text:
Upon filing a copy of the summons and notice in the office of the county clerk, service thereof as against every interest in and claim against any and every part of the property described in such summons and notice, and every person, firm, or corporation, except one who is in the actual, open and notorious possession of any of the properties, shall be had by publication in the official county newspaper for six consecutive weeks; and no affidavit for publication of such summons and notice shall be required. In case special assessments imposed by a city or town against any of the real property described in the summons and notice remain outstanding, a copy of the same shall be served on the treasurer of the city or town within which such real property is situated within five days after such summons and notice is filed.
The summons and notice in such action shall contain the title of the court; specify in general terms the years for which the taxes were levied and the amount of the taxes and the costs for which each tract of land was sold; give the legal description of each tract of land involved, and the tax record owner thereof during the years in which the taxes for which the property was sold were levied; state that the purpose of the action is to foreclose all adverse claims of every nature in and to the property described, and to have the title of existing liens and claims of every nature against the described real property, except that of the county, forever barred.
The summons and notice shall also summon all persons, firms and corporations claiming any right, title and interest in and to the described real property to appear within sixty days after the date of the first publication, specifying the day and year, and state in writing what right, title and interest they have or claim to have in and to the property described, and file the same with the clerk of the court above named; and shall notify them that in case of their failure so to do, judgment will be rendered determining that the title to the real property is in the county free from all existing adverse interests, rights or claims whatsoever: PROVIDED, That in case any of the lands involved is in the actual, open and notorious possession of anyone at the time the summons and notice is filed, as herein provided, a copy of the same modified as herein specified shall be served personally upon such person in the same manner as summons is served in civil actions generally. The summons shall be substantially in the form above outlined, except that in lieu of the statement relative to the date and day of publication it shall require the person served to appear within twenty days after the day of service, exclusive of the date of service, and that the day of service need not be specified therein, and except further that the recitals regarding the amount of the taxes and costs and the years the same were levied, the legal description of the land and the tax record owner thereof may be omitted except as to the land occupied by the persons served.
Every summons and notice provided for in RCW 36.35.160 through 36.35.270 shall be subscribed by the prosecuting attorney of the county, or by any successor or assign of the county or his or her attorney, as the case may be, followed by the post office address of the successor or assign.
[ 2009 c 549 s 4075; 1998 c 106 s 17; 1961 c 15 s 84.64.350. Prior: 1931 c 83 s 3; 1925 ex.s. c 171 s 3; RRS s 11308-3. Formerly RCW 84.64.350.]

catchline: Quieting title to tax-title property—Summons and notice.


title: RCW 36.35.190

text:
(1) Any person, firm or corporation who or which may have been entitled to redeem the property involved prior to the issuance of the treasurer's deed to the county, and his or her or its successor in interest, has the right, at any time after the commencement of, and prior to the judgment in the action authorized herein, to redeem such property by paying to the county treasurer:
(a) The amount of any taxes deferred under chapter 84.37 or 84.38 RCW on the property, including accrued interest, outstanding at the time the county acquired the property by tax deed;
(b) The amount of the taxes for which the property was sold to the county, and the amount of any other general taxes which may have accrued prior to the issuance of said treasurer's deed, together with interest on all such taxes from the date of delinquency thereof, respectively, at the rate of twelve percent per annum;
(c) For the benefit of the assessment district concerned the amount of principal, penalty and interest of all special assessments, if any, which have been levied against such property; and
(d) Such proportional part of the costs of the tax or tax deferral foreclosure proceedings and of the action herein authorized as the county treasurer determines.
(2) Upon redemption of any property before judgment as herein provided, the county treasurer must issue to the redemptioner a certificate specifying the amount of the taxes, including amounts deferred under chapters 84.37 and 84.38 RCW, special assessments, penalty, interest and costs charged describing the land and stating that the taxes, including any applicable deferred taxes, special assessments, penalty, interest and costs specified have been fully paid, and the liens thereof discharged. Such certificate must clear the land described therein from any claim of the county based on the treasurer's deed previously issued in the tax or tax deferral foreclosure proceedings.
[ 2013 c 221 s 4; 2009 c 549 s 4076; 1961 c 15 s 84.64.360. Prior: 1925 ex.s. c 171 s 4; RRS s 11308-4. Formerly RCW 84.64.360.]

catchline: Quieting title to tax-title property—Redemption before judgment.


title: RCW 36.35.200

text:
At any time after the return day named in the summons and notice the plaintiff in the cause shall be entitled to apply for judgment. In case any person has appeared in such action and claimed any interest in the real property involved adverse to that of the county or its successors in interest, such person shall be given a three days' notice of the time when application for judgment shall be made. The court shall hear and determine the matter in a summary manner similar to that provided in RCW 84.64.080, relating to judgment and order of sale in general tax foreclosure proceedings, and shall pronounce and enter judgment according to the rights of the parties and persons concerned in the action. No order of sale shall be made nor shall any sale on execution be necessary to determine the title of the county to the real property involved in such action.
[ 1961 c 15 s 84.64.370. Prior: 1931 c 83 s 4; 1925 ex.s. c 171 s 5; RRS s 11308-5. Formerly RCW 84.64.370.]

catchline: Quieting title to tax-title property—Judgment.


title: RCW 36.35.210

text:
The right of action of the county, its successors or assigns, under RCW 36.35.160 through 36.35.270 shall rest on the validity of the taxes involved, and the plaintiff shall be required to prove only the amount of the former judgment foreclosing the lien thereof, together with the costs of the foreclosure and sale of each tract of land for the taxes, and all the presumptions in favor of the tax foreclosure sale and issuance of treasurer's deed existing by law shall obtain in the action.
[ 1998 c 106 s 18; 1961 c 15 s 84.64.380. Prior: 1931 c 83 s 5; 1925 ex.s. c 171 s 6; RRS s 11308-6. Formerly RCW 84.64.380.]

catchline: Quieting title to tax-title property—Proof—Presumptions.


title: RCW 36.35.220

text:
Any person filing a statement in such action must pay the clerk of the court an appearance fee in the amount required by the county for appearances in civil actions, and is required to tender the amount of all taxes, including any amounts deferred under chapter 84.37 or 84.38 RCW, interest and costs charged against the real property to which he or she lays claim, and no further costs in such action may be required or recovered.
[ 2013 c 221 s 5; 2009 c 549 s 4077; 1961 c 15 s 84.64.390. Prior: 1925 ex.s. c 171 s 7; RRS s 11308-7. Formerly RCW 84.64.390.]

catchline: Quieting title to tax-title property—Appearance fee—Tender of taxes.


title: RCW 36.35.230

text:
Any person aggrieved by the judgment rendered in such action may seek appellate review of the part of said judgment objectionable to him or her in the manner and within the time prescribed for appeals in RCW 84.64.120.
[ 2009 c 549 s 4078; 1988 c 202 s 71; 1971 c 81 s 155; 1961 c 15 s 84.64.400. Prior: 1925 ex.s. c 171 s 8; 1925 ex.s. c 130 s 121; RRS s 11308-8; prior: 1903 c 59 s 4; 1897 c 71 s 104; 1893 c 124 s 106. Formerly RCW 84.64.400.]
Notes:
Severability—1988 c 202: See note following RCW 2.24.050.

catchline: Quieting title to tax-title property—Appellate review.


title: RCW 36.35.240

text:
The judgment rendered in such action, unless appealed from within the time prescribed herein and upon final judgment on appeal, shall be conclusive, without the right of redemption upon and against every person who may or could claim any lien or any right, title or interest in or to any of the properties involved in said action, including minors, insane persons, those convicted of crime, as well as those free from disability, and against those who may have at any time attempted to pay any tax on any of the properties, and against those in actual open and notorious possession of any of said properties.
Such judgment shall be conclusive as to those who appeal therefrom, except as to the particular property to which such appellant laid claim in the action and concerning which he or she appealed, and shall be conclusive as to those in possession of any property and who were not served except as to the property which such person is in the actual, open and notorious possession of, and in any case where it is asserted that the judgment was not conclusive because of such possession, the burden of showing such actual, open and notorious possession shall be on the one asserting such possession.
[ 2009 c 549 s 4079; 1961 c 15 s 84.64.410. Prior: 1925 ex.s. c 171 s 9; RRS s 11308-9. Formerly RCW 84.64.410.]

catchline: Quieting title to tax-title property—Effect of judgment.


title: RCW 36.35.250

text:
Nothing in RCW 36.35.160 through 36.35.270 contained may be construed to deprive any city, town, or other unit of local government that imposed special assessments on the property by including the property in a local improvement or special assessment district of its right to reimbursement for special assessments out of any surplus over and above the taxes, including amounts deferred under chapters 84.37 and 84.38 RCW, interest and costs involved.
[ 2013 c 221 s 6; 1998 c 106 s 19; 1961 c 15 s 84.64.420. Prior: 1925 ex.s. c 171 s 10; RRS s 11308-10. Formerly RCW 84.64.420.]

catchline: Quieting title to tax-title property—Special assessments payable out of surplus.


title: RCW 36.35.260

text:
That in all cases where any county of the state of Washington has perfected title to real estate owned by the county, under the provisions of RCW 36.35.160 through 36.35.270 and resells the same or part thereof, it shall give to the purchaser a warranty deed in substantially the following form:
STATE OF WASHINGTON





ss.
County of. . . .
This indenture, made this . . . . day of . . . . . . . . (year) . ., between . . . . . . as treasurer of . . . . . . county, state of Washington, the party of the first part, and . . . . . ., party of the second part.
WITNESSETH, THAT WHEREAS, at a public sale of real property, held on the . . . . day of . . . . . . . . (year) . ., pursuant to an order of the county legislative authority of the county of . . . . . ., state of Washington, duly made and entered, and after having first given due notice of the time and place and terms of the sale, and, whereas, in pursuance of the order of the county legislative authority, and of the laws of the state of Washington, and for and in consideration of the sum of . . . . . . dollars, lawful money of the United States of America, to me in hand paid, the receipt whereof is hereby acknowledged, I have this day sold to . . . . . . the following described real property, and which the real property is the property of . . . . . . county, and which is particularly described as follows, to wit:
. . . . . ., the . . . . . . being the highest and best bidder at the sale, and the sum being the highest and best sum bid at the sale:
NOW THEREFORE KNOW YE that I, . . . . . . county treasurer of the county of . . . . . ., state of Washington, in consideration of the premises and by virtue of the statutes of the state of Washington, in such cases made and provided, do hereby grant, convey and warrant on behalf of . . . . . . county unto . . . . . ., his or her heirs and assigns, forever, the real property hereinbefore described.
Given under my hand and seal of office this . . . . day of . . . . . . , . . (year) . .
. . . .
County Treasurer.
By
. . . .
Deputy.
[ 1998 c 106 s 20; 1961 c 15 s 84.64.430. Prior: 1929 c 197 s 1; RRS s 11308-11. Formerly RCW 84.64.430.]

catchline: Quieting title to tax-title property—Form of deed on sale after title quieted.


title: RCW 36.35.270

text:
No recovery for breach of warranty shall be had, against the county executing a deed under the provisions of RCW 36.35.260, in excess of the purchase price of the land described in such deed, with interest at the legal rate.
[ 1998 c 106 s 21; 1961 c 15 s 84.64.440. Prior: 1929 c 197 s 2; RRS s 11308-12. Formerly RCW 84.64.440.]

catchline: Quieting title to tax-title property—Limitation on recovery for breach of warranty.


title: RCW 36.35.280

text:
All sales of tax-title lands heretofore consummated by any county, to a city or town, for municipal purposes, or public use, shall be absolute and final, and transfer title in fee, notwithstanding any reversionary provision in the tax deed to the contrary; and all tax-title deeds containing any such reversionary provision shall upon application of grantee in interest, be revised to conform with the provisions herein.
[ 1961 c 15 s 84.64.450. Prior: 1947 c 269 s 1; Rem. Supp. 1947 s 11295-2. Formerly RCW 84.64.450.]

catchline: Tax deeds to cities and towns absolute despite reversionary provision.


title: RCW 36.35.290

text:
(1) The general property tax assessed on any tract, lot, or parcel of real property includes all easements appurtenant thereto, provided said easements are a matter of public record in the auditor's office of the county in which said real property is situated.
(2)(a) Except as provided in (b) of this subsection, any foreclosure of delinquent taxes on any tract, lot, or parcel of real property subject to such easement or easements, and any tax deed issued pursuant thereto shall be subject to such easement or easements, provided such easement or easements were established of record prior to the year for which the tax was foreclosed.
(b) If an electric utility has a recorded interest in the easement or easements, any foreclosure of delinquent taxes and tax deed issued pursuant thereto are subject to such easement or easements regardless of when such easement or easements were established.
[ 2016 c 98 s 1; 1961 c 15 s 84.64.460. Prior: 1959 c 129 s 1. Formerly RCW 84.64.460.]

catchline: Easements—Electric utility recorded interest.


title: RCW 36.36.010

text:
The protection of subterranean water from pollution or degradation is of great concern. The depletion of subterranean water is of great concern. The purpose of this chapter is to allow the creation of aquifer protection areas to finance the protection, preservation, and rehabilitation of subterranean water, and to reduce special assessments imposed upon households to finance facilities for such purposes. Pollution and degradation of subterranean drinking water supplies, and the depletion of subterranean drinking water supplies, pose immediate threats to the safety and welfare of the citizens of this state.
[ 1991 c 151 s 1; 1985 c 425 s 1.]

catchline: Purpose.


title: RCW 36.36.020

text:
The county legislative authority of a county may create one or more aquifer protection areas for the purpose of funding the protection, preservation, and rehabilitation of subterranean water.
When a county legislative authority proposes to create an aquifer protection area it shall conduct a public hearing on the proposal. Notice of the public hearing shall be published at least once, not less than ten days prior to the hearing, in a newspaper of general circulation within the proposed aquifer protection area. The public hearing may be continued to other times, dates, and places announced at the public hearing, without publication of the notice. At the public hearing, the county legislative authority shall hear objections and comments from anyone interested in the proposed aquifer protection area.
After the public hearing, the county legislative authority may adopt a resolution causing a ballot proposition to be submitted to the registered voters residing within the proposed aquifer protection area to authorize the creation of the aquifer protection area, if the county legislative authority finds that the creation of the aquifer protection area would be in the public interest. The resolution shall: (1) Describe the boundaries of the proposed aquifer protection area; (2) find that its creation is in the public interest; (3) state the maximum level of fees for the withdrawal of water, or on-site sewage disposal, occurring in the aquifer protection area, or both; and (4) describe the uses for the fees.
An aquifer protection area shall be created by ordinances of the county if the voters residing in the proposed aquifer protection area approve the ballot proposition by a simple majority vote. The ballot proposition shall be in substantially the following form:
"Shall the . . . (insert the name) aquifer protection area be created and authorized to impose monthly fees on . . . (insert "the withdrawal of water" or "on-site sewage disposal") of not to exceed . . . (insert a dollar amount) per household unit for up to . . . (insert a number of years) to finance . . . (insert the type of activities proposed to be financed)?
Yes . . . . . . . .
No . . . . . . . ."
If both types of monthly fees are proposed to be imposed, maximum rates for each shall be included in the ballot proposition.
An aquifer protection area may not include territory located within a city or town without the approval of the city or town governing body, nor may it include territory located in the unincorporated area of another county without the approval of the county legislative authority of that county.
[ 1985 c 425 s 2.]

catchline: Creation of aquifer protection area—Public hearing—Ballot proposition.


title: RCW 36.36.030

text:
Aquifer protection areas are authorized to impose fees on the withdrawal of subterranean water and on on-site sewage disposal. The fees shall be expressed as a dollar amount per household unit. Fees imposed for the withdrawal of water, or on-site sewage disposal, other than by households shall be expressed and imposed in equivalents of household units. If both types of fees are imposed, the rate imposed on on-site sewage disposal shall not exceed the rate imposed for the withdrawal of water.
No fees shall be imposed in excess of the amount authorized by the voters of the aquifer protection area. Fees shall only be used for the activity or activities authorized by the voters of the aquifer protection area. Ballot propositions may be submitted to the voters of an aquifer protection area to authorize a higher maximum level of such fees or to authorize additional activities for which the fees may be used. Such a ballot proposition shall be substantially in the form of that portion of the proposition to authorize the creation of an aquifer protection district that relates to fees or activities, as provided in RCW 36.36.020. Approval of the ballot proposition by simple majority vote shall authorize the higher maximum level of fees or additional activities for which the fees may be used.
A county may contract with existing public utilities to collect the fees, or collect the fees itself.
[ 1985 c 425 s 3.]

catchline: Imposition of fees—Ballot proposition to authorize increased fees or additional purposes.


title: RCW 36.36.035

text:
A county may adopt an ordinance reducing the level of fees, for the withdrawal of subterranean water or for on-site sewage disposal, that are imposed upon the residential property of a class or classes of low-income persons.
[ 1987 c 381 s 1.]

catchline: Reduced fees for low-income persons.


title: RCW 36.36.040

text:
Aquifer protection areas may impose fees to fund:
(1) The preparation of a comprehensive plan to protect, preserve, and rehabilitate subterranean water, including groundwater management programs adopted under chapter 90.44 RCW. This plan may be prepared as a portion of a county sewerage and/or water general plan pursuant to RCW 36.94.030;
(2) The construction of facilities for: (a) The removal of waterborne pollution; (b) water quality improvement; (c) sanitary sewage collection, disposal, and treatment; (d) stormwater or surface water drainage collection, disposal, and treatment; and (e) the construction of public water systems;
(3) The proportionate reduction of special assessments imposed by a county, city, town, or special district in the aquifer protection area for any of the facilities described in subsection (2) of this section;
(4) The costs of monitoring and inspecting on-site sewage disposal systems or community sewage disposal systems for compliance with applicable standards and rules, and for enforcing compliance with these applicable standards and rules in aquifer protection areas created after June 9, 1988; and
(5) The costs of: (a) Monitoring the quality and quantity of subterranean water and analyzing data that is collected; (b) ongoing implementation of the comprehensive plan developed under subsection (1) of this section; (c) enforcing compliance with standards and rules relating to the quality and quantity of subterranean waters; and (d) public education relating to protecting, preserving, and enhancing subterranean waters.
[ 1991 c 151 s 2; 1988 c 258 s 1; 1985 c 425 s 4.]

catchline: Use of fee revenues.


title: RCW 36.36.045

text:
The county shall have a lien for any delinquent fees imposed for the withdrawal of subterranean water or on-site sewage disposal, which shall attach to the property to which the fees were imposed, if the following conditions are met:
(1) At least eighteen months have passed since the first billing for a delinquent fee installment; and
(2) At least three billing notices and a letter have been mailed to the property owner, within the period specified in subsection (1) of this section, explaining that a lien may be imposed for any delinquent fee installment that has not been paid in that period.
The lien shall otherwise be subject to the provisions of chapter 36.94 RCW related to liens for delinquent charges. The county shall record liens for any delinquent fees in the office of the county auditor. Failure on the part of the county to record the lien does not affect the validity of the lien.
[ 1997 c 393 s 6; 1987 c 381 s 2.]

catchline: Lien for delinquent fees.


title: RCW 36.36.050

text:
A county legislative authority may dissolve an aquifer protection area upon a finding that such dissolution is in the public interest.
A ballot proposition to dissolve an aquifer protection district shall be placed on the ballot for the approval or rejection of the voters residing in an aquifer protection area, when a petition requesting such a ballot proposition is signed by at least twenty percent of the voters residing in the aquifer protection area and is filed with the county legislative authority of the county originally creating the aquifer protection area. The ballot proposition shall be placed on the ballot at the next general election occurring sixty or more days after the petition has been filed. Approval of the ballot proposition by a simple majority vote shall cause the dissolution of the aquifer protection area.
[ 1985 c 425 s 5.]

catchline: Dissolution of aquifer protection area—Petition—Ballot proposition.


title: RCW 36.37.010

text:
The holding of county fairs and agricultural exhibitions of stock, cereals, and agricultural produce of all kinds, including dairy produce, as well as arts and manufactures, by any county in the state, and the participation by any county in a district fair or agricultural exhibition, is declared to be in the interest of public good and a strictly county purpose.
[ 1963 c 4 s 36.37.010. Prior: 1947 c 184 s 1; 1917 c 32 s 1; Rem. Supp. 1947 s 2750.]

catchline: Fairs authorized—Declared county purpose.


title: RCW 36.37.020

text:
The board of county commissioners of any county in the state may acquire by gift, devise, purchase, condemnation and purchase, or otherwise, lands, property rights, leases, easements, and all kinds of personal property and own and hold the same and construct and maintain temporary or permanent improvements suitable and necessary for the purpose of holding and maintaining county or district fairs for the exhibition of county or district resources and products.
[ 1963 c 4 s 36.37.020. Prior: 1947 c 184 s 2; 1917 c 32 s 2; Rem. Supp. 1947 s 2751.]

catchline: Property may be acquired for fairs.


title: RCW 36.37.040

text:
The board of county commissioners of any county may appropriate and expend each year such sums of money as they deem advisable and necessary for (1) acquisition of necessary grounds for fairs and world fairs, (2) construction, improvement and maintenance of buildings thereon, (3) payment of fair premiums, and (4) the general maintenance of such fair. The board of county commissioners of any county may also authorize the county auditor to provide a revolving fund to be used by the fair officials for the conduct of the fair. The board of county commissioners may employ persons to assist in the management of fairs or by resolution designate a nonprofit corporation as the exclusive agency to operate and manage such fairs.
[ 1963 c 4 s 36.37.040. Prior: 1957 c 124 s 1; 1955 c 297 s 1; prior: (i) 1947 c 184 s 3; 1943 c 101 s 1; 1923 c 83 s 2; Rem. Supp. 1947 s 2753 1/2. (ii) 1923 c 83 s 1; 1917 c 32 s 4; RRS s 2753.]

catchline: Expenditure of funds—Revolving fund—Management of fairs.


title: RCW 36.37.050

text:
Each county is authorized to hold one county fair in each year, or, as an alternative, to participate with any other county or counties in the holding of a district fair. Where counties participate in the holding of a district fair, the boards of county commissioners of each of participating counties may enter into mutual agreements setting forth the manner and extent of the participation by each county in the management and support of the district fair, subject to the limitations imposed on each respective county by the provisions of this chapter.
[ 1963 c 4 s 36.37.050. Prior: 1947 c 184 s 4; Rem. Supp. 1947 s 2753a.]

catchline: District or multiple county fairs authorized.