Section 286-35-080. Acquisition projects—Deed of right, conversions, leases and easements.  


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  • For acquisition projects, sponsors must execute an instrument or instruments which contain:
    (1) For fee, less-than-fee, and easement acquisition projects:
    (a) A legal description of the property acquired;
    (b) A conveyance to the state of Washington of the right to use the described real property forever for outdoor recreation purposes; and
    (c) A restriction on conversion of use of the land. That is, marine recreation land with respect to which money has been expended under RCW 79A.25.080 shall not, without the approval of the board, be converted to uses other than those for which such expenditure was originally approved. The board shall only approve any such conversion upon conditions which will assure the substitution of other marine recreation land of at least equal fair market value at the time of conversion and of as nearly as feasible equivalent usefulness and location.
    (2) For lease acquisition projects, a binding agreement which contains a legal description of the property and rights acquired and which meets the following criteria. The interest:
    (a) Must be for at least fifty years unless precluded by state law;
    (b) May not be revocable at will;
    (c) Must have a value supported through standard appraisal techniques;
    (d) Must be paid for in lump sum at initiation; and
    (e) May not be converted, during the lease period, to a use other than that for which funds were originally approved, without prior approval of the board.
    [Statutory Authority: 2007 c 241 § 39, RCW 34.05.220, 34.05.230, and 42.56.040. WSR 14-09-074, § 286-35-080, filed 4/18/14, effective 5/19/14. 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, § 286-35-080, filed 8/17/94, effective 9/17/94.]
2007 c 241 § 39, RCW 34.05.220, 34.05.230, and 42.56.040. WSR 14-09-074, § 286-35-080, filed 4/18/14, effective 5/19/14. 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, § 286-35-080, filed 8/17/94, effective 9/17/94.