Section 286-26-090. For land acquisition projects, are there long term obligations?

Yes. Sponsors must execute an instrument(s) containing:

(1) For fee or perpetual property rights acquisition projects:

(a) A legal description of the property acquired;

(b) A conveyance to the state of Washington for the right to use the described real property for outdoor recreation purposes forever unless a term is specified in the project agreement; and

(c) A prohibition on conversion of use of the land to a principal use other than that for which funds were originally approved without prior approval of the board.

(2) For lease, less than fee, or nonperpetual property rights, a binding agreement which:

(a) Contains a legal description of the property and rights acquired;

(b) Contains a conveyance to the state of Washington for the right to use the described real property for outdoor recreation purposes for the period of the lease;

(c) Contains a prohibition on conversion of use of the land/natural resource to a principal use other than that for which funds were originally approved without prior approval of the board;

(d) Is for at least twenty-five years unless precluded by state law;

(e) Is not revocable at will;

(f) Has a value supported through appraisal requirements approved by the board; and

(g) Is paid for in lump sum at initiation.

[Statutory Authority: 2007 c 241 § 39, RCW 34.05.220, 34.05.230, 42.56.040, and 46.09.530. WSR 14-09-074, § 286-26-090, filed 4/18/14, effective 5/19/14. Statutory Authority: RCW 79.90.245, 2004 c 276 and RCW 46.09.240. WSR 05-01-030, § 286-26-090, filed 12/3/04, effective 1/3/05. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. WSR 94-17-095, § 286-26-090, filed 8/17/94, effective 9/17/94.]

2007 c 241 § 39, RCW 34.05.220, 34.05.230, 42.56.040, and 46.09.530. WSR 14-09-074, § 286-26-090, filed 4/18/14, effective 5/19/14. Statutory Authority: RCW 79.90.245, 2004 c 276 and RCW 46.09.240. WSR 05-01-030, § 286-26-090, filed 12/3/04, effective 1/3/05. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. WSR 94-17-095, § 286-26-090, filed 8/17/94, effective 9/17/94.