Conveyance to the state for acquisition project.
(1) Acquisition of perpetual interests. When a sponsor acquires real property in perpetuity, the sponsor must record on the title of the property a binding instrument as required by the office that contains:
(a) A legal description of the real property acquired with grant assistance;
(b) A conveyance to the state of Washington of the right to use the described real property for the purposes funded by the grant in perpetuity; and
(c) A restriction on the conversion of use of the real property.
(2) Acquisition of nonperpetual interests. When a sponsor acquires real property for less than perpetuity, the interest may not be revocable at will. The sponsor must record on the title of the property a binding instrument as required by the office that contains:
(a) A legal description of the real property acquired with grant assistance;
(b) A conveyance to the state of Washington of the right to use the described real property for the purposes funded by the grant for the duration of the nonperpetual interest acquired; and
(c) A restriction on the conversion of use of the real property based on the minimum period in the grant program as follows:
(i) At least twenty years for projects funded from the youth athletic facilities program;
(ii) At least twenty-five years for projects funded from the aquatic lands enhancement account program;
(iii) At least twenty-five years for projects funded from the nonhighway and off-road vehicle activities account;
(iv) At least fifty years for projects funded from the boating facilities program; or
(v) At least fifty years for projects funded from the Washington wildlife and recreation program, except for:
(A) Farmland category projects must be for at least twenty-five years;
(B) Riparian protection category projects for conservation reserve enhancement program leases must be for at least twenty-five years; and
(C) Forestland category projects because only perpetual acquisitions are eligible.
[Statutory Authority: RCW
34.05.220,
42.56.040,
46.09.530,
79A.15.030,
79A.15.060,
79A.15.070,
79A.15.120,
79A.15.130,
79A.25.210. WSR 17-11-071, ยง 286-13-150, filed 5/17/17, effective 6/17/17.]