The board has exclusive control of the disposal of all district property. This power shall be exercised when the board determines by resolution that such property is not necessary for school purposes.
Once the board has considered all the factors relating to a proposed sale of real property, it shall comply with all requirements of the law, including:
1. Market value appraisal by a professionally designated real estate appraiser selected by the board shall be secured.
2. No sale of real property is to take place if the sale price would be less than 90 percent of the appraisal made by the appraiser unless the property has been on the market for one year, in which case it may be reappraised and sold for not less than 75 percent of the reappraisal value if the sale is approved by the unanimous consent of the board.
3. If the appraised value exceeds $70,000, notice that such a sale is being considered is to be published in a newspaper of general circulation within the district for at least two consecutive weeks. The notice shall specify the date, time and place of a public hearing scheduled to consider the property specified for sale. Evidence concerning the proposed sale, along with the advisability of selling the parcel, is to be taken into account by the board at such a hearing.
4. Bids may be secured or a licensed real estate broker may be engaged. If the latter, the commission shall not exceed 7 percent. Any appraiser selected by the board to appraise the market value of a parcel of property may not be a party to any contract with the district to sell the parcel for a period of three years after the appraisal. No bid award shall be made within a forty-five day period following publication of notice of the intended sale in a newspaper of general circulation in the district.
Receipts from the sale of real property shall be deposited as required by RCW 28A.335.130.
In the event the board contemplates disposition of property with another governmental entity as defined in Chapter 39.33 RCW, the district may dispose of the property as provided for therein.
Legal Reference:
Certified Real Estate Appraiser Act - Chapter 18.140 RCW
Surplus school property - Rental, Lease or use of - Disposition of Moneys Received From - RCW 28A.335.060
Conveyance and acquisition of property - Management – Appraisal - RCW 28A.335.090
Real property - Sale - Notice and hearing - Appraisal - Broker or real estate appraiser services -
Real estate sales contracts – limitation - RCW 28A.335.120
Sale, exchange, transfer, lease of public property authorized - Section deemed alternative - RCW 39.33.010
Management Resources:
Additional Policy Updates - Policy News, June 2011
Surplus Property - Policy News, February 2005
Use of Real Estate Appraisers Modified - Policy News, June 2001
Highline School District 401
Adopted by the Board: August 1984
Revised by the Board: 04.96
Classification: Discretionary