Revised Code of Washington
Wash. Rev. Code § 53.08.080 (2026)
✓ current as of May 2026
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A district may lease all lands, wharves, docks and real and personal property owned and controlled by it, for such purposes and upon such terms as the port commission deems proper: PROVIDED, That no lease shall be for a period longer than fifty years with option for extensions for up to an additional thirty years, except where the property involved is or is to be devoted to airport purposes the port commission may lease said property for such period as may equal the estimated useful life of such work or facilities, but not to exceed seventy-five years: PROVIDED FURTHER, That where the property is held by the district under lease from the United States government or the state of Washington, or any agency or department thereof, the port commission may sublease said property, with option for extensions, up to the total term and extensions thereof permitted by such lease, but in any event not to exceed ninety years.
[ 1989 c 298 s 2; 1983 c 64 s 1; 1973 c 87 s 1; 1961 ex.s. c 8 s 1; 1959 c 157 s 1; 1955 c 65 s 9. Prior: 1953 c 243 s 1; 1943 c 166 s 2, part; 1921 c 183 s 1, part; 1917 c 125 s 1, part; 1913 c 62 s 4, part; 1911 c 92 s 4, part; Rem. Supp. 1943 s 9692, part.]
Notes:
Lease of
county property for airport purposes: RCW 36.34.180.
municipal property for airport purposes: RCW 14.08.120.
Restrictions on leases of harbor areas: State Constitution Art. 15 s 2.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1972–2024 · leading case: In Re Petition of Seattle, 638 P.2d 549 (Wash. 1981).
In Re Petition of Seattle, 638 P.2d 549 (Wash. 1981). “RCW 53.08.080. While private entrepreneurs might be utilized to effectuate the Port's purpose, that purpose air cargo storage and transfer was nevertheless a public one.”
Port of Walla Walla v. Sun-Glo Producers, Inc., 504 P.2d 324 (Wash. Ct. App. 1972). “Simultaneously with the execution of the lease Sun-Glo furnished to the Port a 5-year performance bond, with a penalty, to comply with RCW 53.08.080. It was agreed that this performance bond would be maintained or renewed throughout the life of the lease.”
Servais v. Port of Bellingham, 127 Wash. 2d 820 (Wash. 1995). “Under RCW 53.08.080, the Port, as a public agency, may also lease property.”
Servais v. Port of Bellingham, 904 P.2d 1124 (Wash. 1995). “[29] Under RCW 53.08.080, the Port, as a public agency, may also lease property.”
City of Moses Lake v. United States, 430 F. Supp. 2d 1164 (E.D. Wash. 2006). “” RCW 53.08.080. Furthermore, we find it important that in leasing the property the Port did not act as a private party would act, leasing the land to any party offering the best terms.”
In Re Petition of Port of Seattle, 495 P.2d 327 (Wash. 1972). “It is contended that these facilities may possibly, although not necessarily, be leased to private enterprise. It is urged that this destroys their characterization as a public use.”
Columbia Riverkeeper v. Port of Vancouver USA (Wash. 2017). “See RCW 53.08.080 ("A [Port] may lease all lands .”
Citizen Action Def. Funds, V. Wa State Fin. Mgmt. (Wash. Ct. App. 2024). “010(1) (authorizing port commissions to acquire, construct, maintain, operate, develop, and regulate within a variety of facilities and situations); RCW 53.08.080 (authorizing port districts to “lease all lands, wharves, docks and real and personal property owned and controlled…”
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