Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 2005 NO. 1 > Feb 2 2005

When a noncharter county has acquired land and/or buildings with funds derived from RCW 43.83D (Referendum 29) and/or RCW 43.99C (Referendum 37) and has leased the buildings to a nonprofit corporation operating programs for the developmentally disabled, and the lease has expired, the county lacks statutory authority to donate the buildings and lands to the lessee.

AGO 1970 NO. 24 > Nov 5 1970

(1) The provisions of Article VIII, § 7 of the Washington Constitution, relating to gifts or loans of funds or credit by a municipality, do not apply to the expenditure by a city of federal funds which have been granted to it to finance programs authorized and approved by the Secretary of Housing and Urban Development under Title I of the Demonstration Cities and Metropolitan Development Act of 1966 (80 Stat. 1255; 42 U.S.C. §§ 3301-3313).(2) To the extent that their programs are carried out in a manner consistent with the state Constitution, § 1, Chapter 77, Laws of 1970 (RCW 35.21.660) contains a sufficient grant of authority to enable all cities in this state to do all things which are necessary in order to carry out the purposes of such contracts as they may have entered into under the provisions of Title I of the Demonstration Cities and Metropolitan Development Act of 1966.

AGO 1991 NO. 34 > Dec 16 1991

1.  A school district has the authority to purchase real estate not needed for immediate or future school purposes in order to eliminate a potential health risk and liability stemming from the property.  2.  In purchasing the property a district cannot pay more than the fair market value of the property, unless the district is receiving additional consideration, e.g., seller will provide something in addition to the title to the property such as demolishing structures on the property.  3.  A district may accept donations designated to pay the difference between the appraisal price of the property and the selling price.