reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.020 - Powers/duties of department.

RCW 79.11.020
Powers/duties of department.
The department shall exercise general supervision and control over the sale for any purpose of land granted to the state for educational purposes. It shall be the duty of the department to prepare all reports, data, and information in its records pertaining to any such proposed sale. The department shall have power, if it deems it advisable, to order that any particular sale of such land be held in abeyance pending further inspection and report. The department may cause such further inspection and report of land involved in any proposed sale to be made and for that purpose shall have power to employ its own inspectors, cruisers, and other technical assistants. Upon the basis of such further inspection and report the department shall determine whether or not, and the terms upon which, the proposed sale shall be consummated.
[ 2003 c 334 § 318; 1988 c 128 § 54; 1941 c 217 § 3; Rem. Supp. 1941 § 7797-23A. Formerly RCW 79.01.094, 43.65.060.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.030 - Terms of sale.

RCW 79.11.030
Terms of sale.
All state lands shall be sold on terms and conditions established by the board in light of market conditions. Sales by real estate contract or for cash may be authorized. All deferred payments shall draw interest at such rate as may be fixed, from time to time, by rule adopted by the board, and the rate of interest, as so fixed at the date of each sale, shall be stated in all advertising for and notice of sale and in the contract of sale. All remittances for payment of either principal or interest shall be forwarded to the department.
[ 2003 c 334 § 359; 1984 c 222 § 11; 1982 1st ex.s. c 21 § 159; 1969 ex.s. c 267 § 1; 1959 c 257 § 24; 1927 c 255 § 54; RRS § 7797-54. Prior: 1917 c 149 § 1; 1915 c 147 § 3; 1907 c 256 § 3; 1897 c 89 § 16; 1895 c 178 §§ 25, 29. Formerly RCW 79.01.216, 79.12.380.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1984 c 222: See RCW 79.19.901.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.040 - Who may purchase—Application—Fees.

RCW 79.11.040
Who may purchase—Application—Fees.
Any person desiring to purchase any state lands shall file an application on the forms provided by the department and accompanied by the fees authorized under RCW 79.02.250.
[ 2003 c 334 § 311; 1982 1st ex.s. c 21 § 151; 1979 ex.s. c 109 § 2; 1967 c 163 § 4; 1959 c 257 § 3; 1927 c 255 § 22; RRS § 7797-22. Prior: 1909 c 223 § 2; 1907 c 256 § 5; 1903 c 74 § 1; 1897 c 89 § 11; 1895 c 178 §§ 17, 18. Formerly RCW 79.01.088, 79.12.010.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.
Severability—1979 ex.s. c 109: "If any provision of this 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." [ 1979 ex.s. c 109 § 24.]
Effective date—1979 ex.s. c 109: "The provisions of this 1979 amendatory act shall take effect September 26, 1979." [ 1979 ex.s. c 109 § 25.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.060 - Entire section may be inspected.

RCW 79.11.060
Entire section may be inspected.
Whenever application is made to purchase less than a section of unplatted state lands, the department may order the inspection of the entire section or sections of which the lands applied for form a part.
[ 2003 c 334 § 327; 1959 c 257 § 9; 1927 c 255 § 28; RRS § 7797-28. Prior: 1909 c 223 § 2. Formerly RCW 79.01.112, 79.12.070.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.070 - Survey to determine area subject to sale.

RCW 79.11.070
Survey to determine area subject to sale.
The department may cause any state lands to be surveyed for the purpose of ascertaining and determining the area subject to sale.
[ 2003 c 334 § 330; 1982 1st ex.s. c 21 § 153; 1959 c 257 § 11; 1927 c 255 § 30; RRS § 7797-30. Prior: 1909 c 223 § 2; 1907 c 256 § 5; 1903 c 74 § 1; 1897 c 89 § 11; 1895 c 178 §§ 17, 18. Formerly RCW 79.01.120, 79.12.090.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.080 - Inspection and appraisal.

RCW 79.11.080
Inspection and appraisal.
When in the judgment of the department, there is sufficient interest for the appraisement and sale of state lands, the department shall cause each tract of land to be inspected as to its topography, development potential, forestry, agricultural, and grazing qualities, coal, mineral, stone, gravel, or other valuable material, the distance from any city or town, railroad, river, irrigation canal, ditch, or other waterway, and location of utilities. In case of an application to purchase land granted to the state for educational purposes, the department shall submit a report to the board, which board shall fix the value per acre of each lot, block, subdivision, or tract proposed to be sold in one parcel, which value shall be not less than ten dollars per acre. In case of applications to purchase state lands, other than lands granted to the state for educational purposes and capitol building lands, the department shall appraise and fix the value thereof.
[ 2003 c 334 § 314; 1979 ex.s. c 109 § 3; 1967 ex.s. c 78 § 3; 1959 c 257 § 4; 1941 c 217 § 2; 1935 c 136 § 1; 1927 c 255 § 23; Rem. Supp. 1941 § 7797-23. Prior: 1909 c 223 § 2; 1907 c 256 § 5; 1903 c 74 § 1; 1897 c 89 § 11; 1895 c 178 §§ 17, 18. Formerly RCW 79.01.092, 79.12.020.]
NOTES:
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following RCW 79.11.040.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.090 - Sales by public auction—Appraised value.

RCW 79.11.090
Sales by public auction—Appraised value.
Except as provided in RCW 79.11.340, all sales of land under this chapter shall be at public auction, to the highest bidder, on the terms prescribed by law and as specified in the notice provided under RCW 79.11.120, and no land shall be sold for less than its appraised value.
[ 2003 c 334 § 352; (2003 c 381 § 3 repealed by 2006 c 42 § 3); 1989 c 148 § 3; 1988 c 136 § 1; 1979 c 54 § 2; 1975 1st ex.s. c 45 § 1; 1971 ex.s. c 123 § 3; 1969 ex.s. c 14 § 4; 1961 c 73 § 3; 1959 c 257 § 21; 1933 c 66 § 1; 1927 c 255 § 50; RRS § 7797-50. Prior: 1923 c 19 § 1; 1913 c 36 § 1; 1909 c 223 § 4; 1907 c 152 § 1; 1897 c 89 § 14; 1895 c 178 § 28. Formerly RCW 79.01.200, 79.12.340.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.100 - Date of sale limited by time of appraisal—Purchasers required to make independent appraisals.

RCW 79.11.100
Date of sale limited by time of appraisal—Purchasers required to make independent appraisals.
In no case shall any lands granted to the state be offered for sale under this chapter unless the same shall have been appraised by the board within ninety days prior to the date fixed for the sale. A purchaser of state lands may not rely upon the appraisal prepared by the department or made by the board for purposes of deciding whether to make a purchase from the department. All purchasers are required to make their own independent appraisals.
[ 2004 c 199 § 211; 2003 c 334 § 328; 2001 c 250 § 2; 1982 1st ex.s. c 21 § 152; 1959 c 257 § 10; 1935 c 55 § 1 (adding section 29 to 1927 c 255 in lieu of original section 29 which was vetoed); RRS § 7797-29. Prior: 1909 c 223 § 2. Formerly RCW 79.01.116, 79.12.080.]
NOTES:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.110 - Separate appraisal of improvements.

RCW 79.11.110
Separate appraisal of improvements.
Before any state lands are offered for sale, the department may establish the fair market value of those authorized improvements not owned by the state.
[ 2003 c 334 § 336; 1979 ex.s. c 109 § 5; 1959 c 257 § 14; 1927 c 255 § 34; RRS § 7797-34. Prior: 1915 c 147 § 2; 1909 c 223 § 3; 1907 c 256 § 6; 1901 c 148 § 1; 1899 c 129 § 1; 1897 c 89 § 12; 1895 c 178 § 23. Formerly RCW 79.01.136, 79.12.130.]
NOTES:
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following RCW 79.11.040.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.120 - Sale procedure—Fixing date, place, and time of sale.

RCW 79.11.120
Sale procedure—Fixing date, place, and time of sale.
When the department decides to sell any state lands, or with the consent of the board of regents of the University of Washington, or by legislative directive, decides to sell any lot, block, tract, or tracts of university lands, it is the duty of the department to fix the date, place, and time of sale.
(1) No sale may be conducted on any day that is a legal holiday.
(2) Sales must be held between the hours of 10:00 a.m. and 4:00 p.m. If all sales cannot be offered within this time period, the sale must continue on the following day between the hours of 10:00 a.m. and 4:00 p.m.
(3) Sales must take place:
(a) At the department's regional office administering the respective sale; or
(b) On county property designated by the board of county commissioners or county legislative authority of the county in which the whole or majority of state lands are situated.
[ 2003 c 334 § 344; (2003 c 381 § 2 repealed by 2006 c 42 § 3); 2001 c 250 § 6; 1997 c 116 § 2; 1989 c 148 § 2; 1988 c 136 § 3; 1983 c 2 § 17. Prior: 1982 1st ex.s. c 21 § 156; 1982 c 27 § 1; 1971 ex.s. c 123 § 2; 1969 ex.s. c 14 § 3; 1959 c 257 § 18; 1927 c 255 § 46; RRS § 7797-46; prior: 1923 c 19 § 1; 1913 c 36 § 1; 1909 c 223 § 4; 1907 c 152 § 1; 1897 c 89 § 14; 1895 c 178 § 28. Formerly RCW 79.01.184, 79.12.300.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1983 c 2 § 17: "Section 17 of this act shall take effect on July 1, 1983." [ 1983 c 2 § 18.]
Severability—1983 c 2: See note following RCW 18.71.030.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.
County auditor, transfer of duties: RCW 79.02.090.
School and granted lands, manner and terms of sale: State Constitution Art. 16 § 2.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.135 - Notification requirements.

RCW 79.11.135
Notification requirements.
Actions under this chapter are subject to the notification requirements of RCW 43.17.400.
[ 2007 c 62 § 3.]
NOTES:
Finding—Intent—Severability—2007 c 62: See notes following RCW 43.17.400.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.140 - Additional advertising.

RCW 79.11.140
Additional advertising.
The department is authorized to expend any sum in additional advertising of such sale as it determines to be for the best interest of the state.
[ 2003 c 334 § 348; 1927 c 255 § 48; RRS § 7797-48. Prior: 1923 c 19 § 1; 1897 c 89 § 14. Formerly codified as RCW 79.01.192, 79.12.320.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.150 - Conduct of sales.

RCW 79.11.150
Conduct of sales.
Sales by public auction under this chapter shall be conducted under the direction of the department or its authorized representative. The department or department's representative are hereinafter referred to as auctioneers. On or before the time specified in the notice of sale each bidder shall deposit with the auctioneer, in cash or by certified check, cashier's check, money order payable to the order of the department of natural resources, or by bid guarantee in the form of bid bond acceptable to the department, an amount equal to the deposit specified in the notice of sale. The deposit shall include a specified amount of the appraised price for the land offered for sale, together with any fee required by law for the issuance of contracts, deeds, or bills of sale. The deposit may, when prescribed in notice of sale, be considered an opening bid of an amount not less than the minimum appraised price established in the notice of sale. The successful bidder's deposit will be retained by the auctioneer and the difference, if any, between the deposit and the total amount due shall on the day of the sale be paid in cash, certified check, cashier's check, bank draft, or money order, made payable to the department. If a bid bond is used, the share of the total deposit due guaranteed by the bid bond shall, within ten days of the day of sale, be paid in cash, certified check, cashier's check, money order, or other acceptable payment method payable to the department. Other deposits, if any, shall be returned to the respective bidders at the conclusion of each sale. The auctioneer shall deliver to the purchaser a memorandum of his or her purchase containing a description of the land or materials purchased, the price bid, and the terms of the sale. The auctioneer shall at once send to the department the cash, certified check, cashier's check, bank draft, money order, bid guarantee, or other acceptable payment method received from the purchaser, and a copy of the memorandum delivered to the purchaser, together with such additional report of the proceedings with reference to such sales as may be required by the department.
[ 2003 c 334 § 354; 2001 c 250 § 8; 1982 c 27 § 2; 1979 c 54 § 3; 1961 c 73 § 4; 1959 c 257 § 22; 1927 c 255 § 51; RRS § 7797-51. Prior: 1923 c 19 § 1; 1913 c 36 § 1; 1909 c 223 § 4; 1907 c 152 § 1; 1897 c 89 § 14; 1895 c 178 § 28. Formerly RCW 79.01.204, 79.12.350.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.160 - Deposit by purchaser to cover value of improvements.

RCW 79.11.160
Deposit by purchaser to cover value of improvements.
A purchaser of state lands who is not the owner of the authorized improvements thereon shall deposit with the auctioneer making the sale, at the time of the sale, the appraised value of such improvements. The department shall pay to the owner of the improvements the sum deposited. However, when the improvements are owned by the state in accordance with the provisions of this chapter or have been acquired by the state by escheat or operation of law, the purchaser may pay for such improvements in equal annual installments at the same time, and with the same rate of interest, as the installments of the purchase price of the land are paid, and under such rules regarding use and care of the improvements as may be fixed by the department.
[ 2003 c 334 § 338; 1979 ex.s. c 109 § 7; 1935 c 57 § 1; 1927 c 255 § 37; RRS § 7797-37. Prior: 1915 c 147 § 2; 1909 c 223 § 3; 1907 c 256 § 6; 1901 c 148 § 1; 1899 c 129 § 1; 1897 c 89 § 12; 1895 c 178 § 23. Formerly RCW 79.01.148, 79.12.160.]
NOTES:
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following RCW 79.11.040.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.165 - Reoffer.

RCW 79.11.165
Reoffer.
Any sale which has been offered, and for which there are no bids received shall not be reoffered until it has been readvertised as specified in RCW 79.11.130 and 79.11.140. If all sales cannot be offered within the specified time on the advertised date, the sale shall continue on the following day between 10:00 a.m. and 4:00 p.m.
[ 2003 c 334 § 349; 1965 ex.s. c 23 § 3; 1959 c 257 § 20; 1927 c 255 § 49; RRS § 7797-49. Prior: 1923 c 19 § 1; 1913 c 36 § 1; 1909 c 223 § 4; 1907 c 152 § 1; 1897 c 89 § 14; 1895 c 178 § 28. Formerly RCW 79.01.196, 79.12.330.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.175 - Confirmation of sale.

RCW 79.11.175
Confirmation of sale.
The department shall enter upon its records a confirmation of sale and issue to the purchaser a contract of sale if the following conditions have been met:
(1) No fewer than ten days have passed since the auctioneer's report has been filed;
(2) No affidavit is filed with the department showing that the interests of the state in the sale was injuriously affected by fraud or collusion;
(3) It appears from the auctioneer's report that:
(a) The sale was fairly conducted; and
(b) The purchaser was the highest bidder and the bid was not less than the appraised value of the land sold;
(4) The department is satisfied that the land sold would not, upon being readvertised and offered for sale, sell for at least ten percent more than the price bid by the purchaser;
(5) The payment required by law to be made at the time of making the sale has been made;
(6) The department determines the best interests of the state will be served by confirming the sale.
[ 2003 c 334 § 357; 1982 1st ex.s. c 21 § 158; 1959 c 257 § 23; 1927 c 255 § 53; RRS § 7797-53. Prior: 1907 c 256 § 7; 1903 c 79 § 2; 1897 c 89 § 15; 1895 c 178 § 29. Formerly RCW 79.01.212, 79.12.370.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.
County auditor, transfer of duties: RCW 79.02.090.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.190 - Readvertisement of lands not sold.

RCW 79.11.190
Readvertisement of lands not sold.
If any land offered for sale is not sold, it may again be advertised for sale, as provided in this chapter, whenever in the opinion of the commissioner it shall be expedient to do so. Whenever any person applies to the department in writing to have such land offered for sale, agrees to pay at least the appraised value thereof and deposits with the department at the time of making such application a sufficient sum of money to pay the cost of advertising such sale, the land shall again be advertised and offered for sale as provided in this chapter.
[ 2003 c 334 § 356; 1927 c 255 § 52; RRS § 7797-52. Prior: 1923 c 19 § 1; 1913 c 36 § 1; 1909 c 223 § 4; 1907 c 152 § 1; 1897 c 89 § 14; 1895 c 178 § 24. Formerly RCW 79.01.208, 79.12.360.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.200 - Form of contract—Rate of interest.

RCW 79.11.200
Form of contract—Rate of interest.
The purchaser of state lands under the provisions of this chapter, except in cases where the full purchase price is paid at the time of the purchase, shall enter into and sign a contract with the state, to be signed by the commissioner on behalf of the state, with the seal of the commissioner's office attached, and in a form to be prescribed by the attorney general, in which the purchaser shall covenant to make the payments of principal and interest, computed from the date the contract is issued, when due, and that the purchaser will pay all taxes and assessments that may be levied or assessed on such land, and that on failure to make the payments as prescribed in this chapter when due all rights of the purchaser under said contract may, at the election of the commissioner, acting for the state, be forfeited, and that when forfeited the state shall be released from all obligation to convey the land. The purchaser's rights under the real estate contract shall not be forfeited except as provided in chapter 61.30 RCW.
The contract provided for in this section shall be executed in duplicate, and one copy shall be retained by the purchaser and the other shall be filed in the department's Olympia office.
The commissioner may, as deemed advisable, extend the time for payment of principal and interest on contracts heretofore issued, and contracts to be issued under this chapter.
The department shall notify the purchaser of any state lands in each instance when payment on the purchaser's contract is overdue, and that the purchaser is liable to forfeiture if payment is not made when due.
[ 2003 c 334 § 361; 1985 c 237 § 18; 1982 1st ex.s. c 21 § 162; 1959 c 257 § 26; 1927 c 255 § 57; RRS § 7797-57. Prior: 1897 c 89 §§ 17, 18, 27; 1895 c 178 §§ 30, 31. Formerly RCW 79.01.228, 79.12.400.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—Application—1985 c 237: See RCW 61.30.910.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.220 - Relinquishment to United States, in certain cases of reserved mineral rights.

RCW 79.11.220
Relinquishment to United States, in certain cases of reserved mineral rights.
Whenever the state shall have heretofore sold or may hereafter sell any state lands and issued a contract of purchase or executed a deed of conveyance therefor, in which there is a reservation of all oils, gases, coal, ores, minerals, and fossils of every kind and of rights in connection therewith, and the United States of America shall have acquired for governmental purposes and uses all right, title, claim, and interest of the purchaser, or grantee, or his or her successors in interest or assigns, in or to the contract or the land described therein, except such reserved rights, and no oils, gases, coal, ores, minerals, or fossils of any kind have been discovered or are known to exist in or upon such lands, the commissioner may, if it is advisable, cause to be prepared a deed of conveyance to the United States of America of such reserved rights, and certify the same to the governor in the manner provided by law for deeds to state lands, and the governor shall be, and hereby is authorized to execute, and the secretary of state to attest, a deed of conveyance for such reserved rights to the United States of America.
[ 2003 c 334 § 449; 1931 c 105 § 1; RRS § 8124-1. Formerly RCW 79.08.110.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Certification of deed to governor: RCW 79.02.270.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.250 - Lands subject to platting.

RCW 79.11.250
Lands subject to platting.
The department shall cause all unplatted state lands, within the limits of any incorporated city or town, or within two miles of the boundary thereof, where the valuation of such lands is found by appraisement to exceed one hundred dollars per acre, to be platted into lots and blocks, of not more than five acres in a block, before the same are offered for sale, and not more than one block shall be offered for sale in one parcel. The department may designate or describe any such plat by name, or numeral, or as an addition to such city or town, and, upon the filing of any such plat, it shall be sufficient to describe the lands, or any portion thereof, embraced in such plat, according to the designation prescribed by the department. Such plats shall be made in duplicate, and when properly authenticated by the department, one copy thereof shall be filed in the office of the department and one copy in the office of the county auditor in which the lands are situated, and the auditor shall receive and file such plats without compensation or fees and make record thereof in the same manner as required by law for the filing and recording of other plats in the auditor's office.
In selling lands subject to the provisions of Article 16, section 4, of the state Constitution, the department will be permitted to sell the land within the required land subdivision without being required to complete the construction of streets, utilities, and such similar things as may be required by any local government entity in the instance of the platting of private or other property within their area of jurisdiction. However, no construction will be permitted on lands so sold until the purchaser or purchasers collectively comply with all of the normal requirements for platting.
[ 2003 c 334 § 324; 1967 ex.s. c 78 § 4; 1959 c 257 § 6; 1927 c 255 § 25; RRS § 7797-25. Prior: 1909 c 223 § 2; 1907 c 256 § 5; 1903 c 74 § 1; 1897 c 89 § 11; 1895 c 178 §§ 17, 18. Formerly RCW 79.01.100, 79.12.040.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Platting: State Constitution Art. 16 § 4.
Recording—Duties of county auditor: Chapter 65.04 RCW.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.260 - Vacation—Vested rights.

RCW 79.11.260
Vacation—Vested rights.
When, in the judgment of the department the best interest of the state will be thereby promoted, the department may vacate any plat or plats covering state lands, and vacate any street, alley, or other public place therein situated. The vacation of any such plat shall not affect the vested rights of any person or persons theretofore acquired therein. In the exercise of this authority to vacate the department shall enter an order in the records of its office and at once forward a certified copy thereof to the county auditor of the county wherein the platted lands are located. The auditor shall cause the same to be recorded in the miscellaneous records of the auditor's office and noted on the plat by reference to the volume and page of the record.
[ 2003 c 334 § 325; 1959 c 257 § 7; 1927 c 255 § 26; RRS § 7797-26. Prior: 1903 c 127 §§ 1, 2. Formerly RCW 79.01.104, 79.12.050.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.270 - Vacation—Preference right to purchase.

RCW 79.11.270
Vacation—Preference right to purchase.
Whenever all the owners and other persons having a vested interest in the lands abutting on any street, alley, or other public place, or any portion thereof, in any plat of state lands, lying outside the limits of any incorporated city or town, petition the department, the department may vacate any such tract, alley, or public place or part thereof and in such case all such streets, alleys, or other public places or portions thereof so vacated shall be platted, appraised, and sold or leased in the manner provided for the platting, appraisal, and sale or lease of similar lands. However, where the area vacated can be determined from the plat already filed it shall not be necessary to survey such area before platting the same. The owner or owners, or other persons having a vested interest in the lands abutting on any of the lots, blocks, or other parcels platted upon the lands embraced within any area vacated as provided in this section, shall have a preference right for the period of sixty days from the date of filing with the department such plat and the appraisal of such lots, blocks, or other parcels of land, to purchase the same at the appraised value thereof.
[ 2003 c 334 § 326; 1959 c 257 § 8; 1927 c 255 § 27; RRS § 7797-27. Prior: 1903 c 127 § 3. Formerly RCW 79.01.108, 79.12.060.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.290 - Leased lands reserved from sale.

RCW 79.11.290
Leased lands reserved from sale.
State lands held under lease as provided in RCW 79.13.370 shall not be offered for sale, or sold, during the life of the lease, except upon application of the lessee.
[ 2003 c 334 § 380; 1927 c 255 § 75; RRS § 7797-75. Prior: 1897 c 89 § 23. Formerly RCW 79.01.300, 79.12.560.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.310 - Sale of lands with low-income potential.

RCW 79.11.310
Sale of lands with low-income potential.
(1) The purpose of this section is to provide revenues to the state and its various taxing districts through the sale of public lands which are currently used primarily for grazing and similar low priority purposes, by enabling their development as irrigated agricultural lands.
(2) All applications for the purchase of lands of the foregoing character, when accompanied by a proposed plan of development of the lands for a higher priority use, shall be individually reviewed by the board. The board shall thereupon determine whether the sale of the lands is in the public interest and upon an affirmative finding shall offer such lands for sale. However, any such parcel of land shall be sold to the highest bidder but only at a bid equal to or higher than the last appraised valuation thereof as established by appraisers for the department for any such parcel of land. Further, any lands lying within United States reclamation areas, the sale price of which is limited or otherwise regulated pursuant to federal reclamation laws or regulations thereunder, need not be offered for sale so long as such limitations or regulations are applicable thereto.
(3) The department shall adopt appropriate rules defining properties of such irrigated agricultural potential and shall take into account the economic benefits to the locality in classifying such properties for sale.
[ 2003 c 334 § 381; 1967 ex.s. c 78 § 5. Formerly RCW 79.01.301.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.320 - Assessments added to purchase price.

RCW 79.11.320
Assessments added to purchase price.
(1) When any public land of the state is offered for sale and the state has paid assessments for local improvements, or benefits, to any municipal corporation authorized by law to assess the same, the amount of the assessments paid by the state shall be added to the appraised value of such land.
(2) The amount of assessments paid by the state shall be paid by the purchaser in addition to the amount due the state for the land.
(3) In case of sale by contract under RCW 79.11.220 the purchaser may pay the assessments in equal annual installments at the same time, and with the same rate of interest upon deferred payments, as the installments of the purchase price for the land are paid.
(4) No deed shall be executed until such assessments have been paid.
[ 2003 c 334 § 430; 1927 c 255 § 192; RRS § 7797-192. Prior: 1925 ex.s. c 180 § 1; 1909 c 154 § 7; 1907 c 73 § 3; 1905 c 144 § 5. Formerly RCW 79.01.728, 79.44.110.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Assessments paid by state to be added to purchase price of land: RCW 79.44.095.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.11 - State Land Sales. › 79.11.340 - Sale of acquired lands.

RCW 79.11.340
Sale of acquired lands.
(1) Except as provided in RCW 79.10.030(2), the department shall manage and control all lands acquired by the state by escheat, deed of sale, gift, devise, or under RCW 79.19.010 through 79.19.110, except such lands that are conveyed or devised to the state for a particular purpose.
(2) Except as provided in RCW 79.19.030(4), when the department determines to sell the lands, they may initially be offered for sale either at public auction or direct transfer to public agencies as provided in this chapter.
(3) The department may, with approval of the board, market the lands through persons licensed under chapter 18.85 RCW or through other commercially feasible means at a price not lower than the land's appraised value.
(4) Necessary marketing costs may be paid from the sale proceeds. For the purpose of this subsection, necessary marketing costs include reasonable costs associated with advertising the property and paying commissions.
(5) Proceeds of the sale shall be deposited into the appropriate fund in the state treasury unless the grantor in any deed or the testator in case of a devise specifies that the proceeds of the sale be devoted to a particular purpose.
[ 2023 c 383 § 11; 2003 c 334 § 399.]
NOTES:
Findings—2023 c 383: See note following RCW 79.17.300.
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.010 - Lease of state lands—General.

RCW 79.13.010
Lease of state lands—General.
(1) Subject to other provisions of this chapter and subject to rules adopted by the board, the department may lease state lands for purposes it deems advisable, including, but not limited to, commercial, industrial, residential, agricultural, and recreational purposes in order to obtain a fair market rental return to the state or the appropriate constitutional or statutory trust, and if the lease is in the best interest of the state or affected trust.
(2) Notwithstanding any provision in this chapter to the contrary, in leases for residential purposes, the board may waive or modify any conditions of the lease if the waiver or modification is necessary to enable any federal agency or lending institution authorized to do business in this state or elsewhere in the United States to participate in any loan secured by a security interest in a leasehold interest.
(3) Any land granted to the state by the United States may be leased for any lawful purpose in such minimum acreage as may be fixed by the department.
(4) The department shall exercise general supervision and control over the lease of state lands for any lawful purpose.
(5) State lands leased or for which permits are issued or contracts are entered into for the prospecting and extraction of valuable materials, coal, oil, gas, or other hydrocarbons are subject to the provisions of chapter 79.14 RCW.
(6) The department may also lease or lease development rights on state lands held for the benefit of the common schools to public agencies, as defined in RCW 79.17.200.
[ 2007 c 504 § 1; 2003 c 334 § 366; 1984 c 222 § 12; 1979 ex.s. c 109 § 10. Formerly RCW 79.01.242.]
NOTES:
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Savings—2007 c 504: "This act does not affect any existing right acquired or liability or obligation incurred under the sections amended or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections." [ 2007 c 504 § 4.]
Severability—2007 c 504: "If any provision of this 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." [ 2007 c 504 § 5.]
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1984 c 222: See RCW 79.19.901.
Severability—Effective date—1979 ex.s. c 109: See notes following RCW 79.11.040.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.020 - Who may lease.

RCW 79.13.020
Who may lease.
Any person desiring to lease any state lands for any purpose not prohibited by law may make application to the department on forms provided by the department and accompanied by the fee provided under RCW 79.02.250.
[ 2003 c 334 § 370.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.030 - Lease contents.

RCW 79.13.030
Lease contents.
Every lease issued by the department must contain:
(1) The specific use or uses to which the land is to be employed;
(2) The improvements required, if any;
(3) Provisions providing that the rent is payable in advance in quarterly, semiannual, or annual payments as determined by the department, or as agreed upon by the lessee and the department;
(4) Other terms and conditions as the department deems advisable, subject to review by the board, to achieve the purposes of the state Constitution and this chapter.
[ 2003 c 334 § 367.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.040 - Inspections—Surveys.

RCW 79.13.040
Inspections—Surveys.
(1) When in the judgment of the department there is sufficient interest for the lease of state lands, it must inspect each tract of land as to its topography, development potential, forestry, agricultural, and grazing qualities; the presence of coal, mineral, stone, gravel, or other valuable materials; the distance from any city or town, railroad, river, irrigation canal, ditch, or other waterway; and location of utilities.
(2) The department may survey any state lands to determine the area subject to lease.
(3) It is the duty of the department to prepare all reports, data, and information in its records pertaining to any proposed lease.
(4) The department may order that any particular application for a lease be held in abeyance pending further inspection and report by the department. Based on the further inspection and report, the department must determine whether or not, and the terms upon which, the proposed lease is consummated.
[ 2003 c 334 § 316.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.050 - Improvements.

RCW 79.13.050
Improvements.
(1) Only improvements authorized in writing by the department or consistent with the approved plan of development may be placed on the state lands under lease. Improvements are subject to the following conditions:
(a) A minimum reasonable time must be allowed for completion of the improvements;
(b) Improvements become the property of the state at the expiration or termination of the lease unless otherwise agreed upon under the terms of the lease; and
(c) The department may require improvements to be removed at the end of the lease term at the lessee's expense.
(2) Any improvements placed upon any state lands without the written authority of the department become the property of the state and are considered part of the land, unless required to be removed by the lessee under subsection (1)(c) of this section.
[ 2003 c 334 § 315.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.070 - Forfeiture.

RCW 79.13.070
Forfeiture.
If any rental is not paid on or before its due date according to the terms of the lease, the department must declare a forfeiture, cancel the lease, and eject the lessee from the land. The department may extend the time for payment of annual rental when in its judgment the interests of the state will not be prejudiced by the extension.
[ 2003 c 334 § 375.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.080 - Disposition of crops on forfeited land.

RCW 79.13.080
Disposition of crops on forfeited land.
Whenever the state of Washington shall become the owner of any growing crop, or crop grown upon, any state lands, by reason of the forfeiture, cancellation, or termination of any contract or lease of state lands, or from any other cause, the department is authorized to arrange for the harvesting, sale, or other disposition of such crop in such manner as the department deems for the best interest of the state, and shall pay the proceeds of any such sale into the state treasury to be credited to the same fund as the rental of the lands upon which the crop was grown would be credited.
[ 2003 c 334 § 342; 1927 c 255 § 43; RRS § 7797-43. Prior: 1915 c 89 §§ 1, 2. Formerly RCW 79.01.172, 79.12.240.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.090 - Leases to United States for national defense.

RCW 79.13.090
Leases to United States for national defense.
State lands may be leased to the United States for national defense purposes at the fair rental value thereof as determined by the department, for a period of five years or less. Such leases may be made without competitive bidding at public auction and without payment in advance by the United States government of the first year's rental. Such leases otherwise shall be negotiated and arranged in the same manner as other leases of state lands.
[ 2003 c 334 § 450; 1941 c 66 § 1; Rem. Supp. 1941 § 8122-1. Formerly RCW 79.08.120.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.100 - Battery charging, battery exchange, and rapid charging stations.

RCW 79.13.100
Battery charging, battery exchange, and rapid charging stations.
(1) The state and any local government, including any housing authority, is authorized to lease land owned by such an entity to any person for purposes of installing, maintaining, and operating a battery charging station, a battery exchange station, or a rapid charging station, for a term not in excess of fifty years, for rent of not less than one dollar per year, and with such other terms as the public entity's governing body determines in its sole discretion.
(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(c) "Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
(d) "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
[ 2009 c 459 § 6.]
NOTES:
Finding—Purpose—2009 c 459: See note following RCW 47.80.090.
Regional transportation planning organizations—Electric vehicle infrastructure: RCW 47.80.090.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.110 - Types of lease authorization.

RCW 79.13.110
Types of lease authorization.
(1) The department may authorize the use of state land by lease at state auction for initial leases or by negotiation for existing leases.
(2) Leases that authorize commercial, industrial, or residential uses may be entered into by public auction or negotiations at the option of the department. Negotiations are subject to rules approved by the board.
(3) Leases to public agencies, as defined in RCW 79.17.200, may be entered into by negotiations. Property subject to lease agreements under this section must be appraised at fair market value. The leases may allow for a lump sum payment for the entire term of the lease at the beginning of the lease. The department shall calculate lump sum payments using professional appraisal standards. Renewal terms for the leases must include provisions for calculating appropriate payments upon renewal.
[ 2007 c 504 § 3; 2003 c 334 § 368.]
NOTES:
Savings—Severability—2007 c 504: See notes following RCW 79.13.010.
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.120 - Notice of leasing.

RCW 79.13.120
Notice of leasing.
(1) The department must give thirty days' notice of leasing by public auction. The notice must:
(a) Specify the place and time of auction, bid deposit if any, the appraised value, describe each parcel to be leased, and the terms and conditions of the lease;
(b) Be posted in some conspicuous place in the county auditor's office and the department's regional headquarters administering the lease; and
(c) Be published in at least two newspapers of general circulation in the area where the state land subject to public auction leasing is located.
(2) Notice of intent to lease by negotiation must be published in at least two newspapers of general circulation in the area where the state land subject to lease negotiation is located. The notice must be published within the ninety days preceding commencement of negotiations.
(3) The department is authorized to conduct any additional advertising that it determines to be in the best interest of the state.
[ 2003 c 334 § 369.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.130 - Lease procedure—Scheduling auctions.

RCW 79.13.130
Lease procedure—Scheduling auctions.
(1) When the department decides to lease any state lands at public auction it is the duty of the department to fix the date, place, and time when such lands shall be offered for lease.
(2) The auction must be conducted between the hours of 10:00 a.m. and 4:00 p.m.
(3) The auction must take place:
(a) At the department's regional office administering the lease; or
(b) When leases are auctioned by the county auditor, in the county where the state land to be leased is situated at such place as specified in the notice.
[ 2003 c 334 § 372; 1979 ex.s. c 109 § 11; 1927 c 255 § 62; RRS § 7797-62. Prior: 1897 c 89 § 20. Formerly RCW 79.01.248, 79.12.440.]
NOTES:
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following RCW 79.11.040.