Section 286-42-060. For land acquisition projects, are there long term obligations?  


Latest version.
  • 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 habitat conservation and/or outdoor recreation purposes forever unless a term is specified in the project agreement; and
    (c) 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.
    (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 habitat conservation and/or outdoor recreation purposes for the period specified;
    (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, and 42.56.040. WSR 14-09-074, § 286-42-060, 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, § 286-42-060, filed 12/3/04, effective 1/3/05.]
2007 c 241 § 39, RCW 34.05.220, 34.05.230, and 42.56.040. WSR 14-09-074, § 286-42-060, 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, § 286-42-060, filed 12/3/04, effective 1/3/05.