Revised Code of Washington

Wash. Rev. Code § 47.12.283 (2026)

Sale of real property authorized—Procedure—Disposition of proceeds

✓ current as of May 2026
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(1) Whenever the department of transportation determines that any real property owned by the state of Washington and under the jurisdiction of the department is no longer required for highway purposes and that it is in the public interest to do so, the department may, in its discretion, sell the property under RCW 47.12.063 or under subsections (2) through (6) of this section.
(2) Whenever the department determines to sell real property under its jurisdiction at public auction, the department shall first give notice thereof by the most appropriate method as determined by the department. The notice shall contain a description of the property, the time and place of the auction, and the terms of the sale. The sale may be for cash or by real estate contract.
(3) The department shall sell the property at the public auction, in accordance with the terms set forth in the notice, to the highest and best bidder providing the bid is equal to or higher than the appraised fair market value of the property.
(4) If no bids are received at the auction or if all bids are rejected, the department may, in its discretion, enter into negotiations for the sale of the property or may list the property with a licensed real estate broker. No property shall be sold by negotiations or through a broker for less than the property's appraised fair market value. Any offer to purchase real property pursuant to this subsection shall be in writing and may be rejected at any time prior to written acceptance by the department.
(5) All moneys received pursuant to this section, less any real estate broker's commissions paid pursuant to RCW 47.12.320, shall be deposited in the motor vehicle fund.
[ 2015 3rd sp.s. c 13 s 1; 2010 c 8 s 10006; 1979 ex.s. c 189 s 1.]

Notes:

Effective date2015 3rd sp.s. c 13: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [July 6, 2015]." [ 2015 3rd sp.s. c 13 s 3.]
Effective date1979 ex.s. c 189: "This 1979 act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1979." [ 1979 ex.s. c 189 s 8.]
Notes of Decisions
Cited in 7 cases, 1997–2011 · leading case: South Tacoma Way, LLC v. State, 233 P.3d 871 (Wash. 2010).
South Tacoma Way, LLC v. State, 233 P.3d 871 (Wash. 2010). · cites it 2× “) "If more than one abutting private owner requests in writing the right to purchase the property within fifteen days after receiving notice of the proposed sale, the property shall be sold at public auction in the manner provided in RCW 47.12.283." Id. Pursuant to the statute's…”
South Tacoma Way, LLC v. State, 169 Wash. 2d 118 (Wash. 2010). · cites it 2× “063(2)(g), the DOT may sell surplus property to [a]ny abutting private owner but only after each other abutting private owner (if any), as shown in the records of the county assessor, is notified in writing of the proposed sale. If more than one abutting private owner requests…”
Freeman v. Gregoire, 256 P.3d 264 (Wash. 2011). · cites it 3× “080 (allowing transfer and conveyance of DOT land when in public interest); RCW 47.12.283 (authorizing sale of highway land by public auction).”
South Tacoma Way, LLC v. State, 191 P.3d 938 (Wash. Ct. App. 2008). · cites it 3× “063(2)(g); *942 RCW 47.12.283. Nicholas testified that, if DOT had notified him as required by the statute, he would have asked DOT to auction the alley.”
Freeman v. Gregoire, 171 Wash. 2d 316 (Wash. 2011). · cites it 2× “080 (allowing transfer and conveyance of DOT land when in public interest); RCW 47.12.283 (authorizing sale of highway land by public auction).”
South Tacoma Way, LLC v. State, 146 Wash. App. 639 (Wash. Ct. App. 2008). · cites it 2× “If more than one abutting private owner requests in writing the right to purchase the property within fifteen days after receiving notice of the proposed sale, the property shall be sold at public auction in the manner provided in RCW 47.12.283. RCW 47.12.283 provides: (1)…”
Daily Journal of Com., Inc. v. Daily Journal Corp., 936 P.2d 1179 (Wash. Ct. App. 1997). “13 RCW 47.12.283(2), 47.76.320(2), 36.34.020, 36.”
— Wash. Rev. Code § 47.12.283(1) — 1 case
Freeman v. Gregoire, 256 P.3d 264 (Wash. 2011). “080 (allowing transfer and conveyance of DOT land when in public interest); RCW 47.12.283 (authorizing sale of highway land by public auction).”
— Wash. Rev. Code § 47.12.283(2) — 1 case
Daily Journal of Com., Inc. v. Daily Journal Corp., 936 P.2d 1179 (Wash. Ct. App. 1997). “13 RCW 47.12.283(2), 47.76.320(2), 36.34.020, 36.”
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