§ 87.03.820 — Disposal of real property—Right of adjacent owners.

Washington § 87.03.820

• Jurisdiction: Washington
• Title 87: IRRIGATION
• Ch. 87.03: IRRIGATION DISTRICTS GENERALLY

Text

Whenever as the result of abandonment of an irrigation district right-of-way real property held by an irrigation district is to be sold or otherwise disposed of, notice shall be given to the owners of lands adjoining that real property and such owners shall have a right of first refusal to purchase at the appraised price all or any part of the real property to be sold or otherwise disposed of which adjoins or is adjacent to their land.

Real property to be sold or otherwise disposed of under this section shall have been first appraised by the county assessor or by a person designated by him or her.

Notice under this section shall be sufficient if sent by registered mail to the owner, and at the address, as shown in the tax records of the county in which the land is situated. Notice under this section shall be in addition to any other notice required by law.

After sixty days from the date of sending of notice, if no applications for purchase have been received by the irrigation district or other person or entity sending notice, the rights of first refusal of owners of adjoining lands shall be deemed to have been waived, and the real property may be sold or otherwise disposed of. When no applications for purchase have been received, if the irrigation district board of directors determines that due to the configuration of the abandoned right-of-way, or other facts, it appears unlikely that the property, or a portion of the property, can be sold for the appraised price, and the property is considered a burden to the irrigation district, the real property may be sold at a negotiated price, including a transfer for no payment, without further publication or notice to all adjoining owners.

If two or more owners of adjoining lands apply to purchase the same real property, or apply to purchase overlapping parts of the real property, the respective rights of the applicants may be determined in the superior court of the county in which the real property is situated; and the court may divide the real property in question between some or all of the applicants or award the whole to one applicant, as justice may require.

Any sale or other disposal of real property pursuant to chapters 87.52 , 87.53, and 87.56 RCW shall be made in accordance with the requirements of this section.

Legislative History

[2017 c 321 s 4;2013 c 23 s 510;1973 c 150 s 1;1971 ex.s. c 125 s 2.]