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RESEARCH TOOLS › MRSC Index › Property Management - Surplus property disposal

MRSC Index A topical index to MRSC's information resources.

Property Management: PP 5.0000 - Surplus property disposal

Expand Section Electronic Documents (18 Results)

  1. Resolution No. 5-06 - Declares computer equipment surplus property, and authorizes disposal of the same
    Ordinance | Document Date: 2/06
    Jurisdiction: Port Angeles

  2. Policy and procedures for surplus personal property disposal
    Policy/Procedure | Document Date: 4/09
    Jurisdiction: Vancouver

  3. Disposition of surplus, obsolete, junk and scrap materials, supplies, and equipment, City Light Department
    Policy/Procedure | Document Date: 5/99
    Jurisdiction: Seattle

  4. Procedures for the evaluation of the reuse and disposal of the city’s real property
    Policy/Procedure | Document Date: 4/06
    Jurisdiction: Seattle

  5. Resolution No. 2107 - Demolition of city-owned surplus real property
    Ordinance | Document Date: 7/08
    Jurisdiction: Puyallup

  6. Resolution No. 2008-20 - Declares police canine Lektor to be retired and surplus to the needs of the city and authorizing Lektor’s sale to his handler, Sergeant Mike Henne, for the sum of one dollar
    Ordinance | Document Date: 2/08
    Jurisdiction: Yakima

  7. Disposal of city surplus assets policy
    Policy/Procedure | Document Date: 2/07
    Jurisdiction: Woodinville

  8. Resolution No. 549 - Authorization to dispose of surplus property
    Ordinance | Document Date: 5/07
    Jurisdiction: Woodland

  9. Ordinance No. 2006-36 - Declares certain county–owned personal property surplus; and authorizes the sale of the ferry M/V Steilacoom
    Ordinance | Document Date: 07/06
    Jurisdiction: Pierce County

  10. Resolution No. 614 - Hearing notice for surplusing and disposal (sale) of city owned real property.
    Ordinance
    Jurisdiction: Union Gap

  11. Procedures for the disposal and sale of surplus real property
    Other Gov Doc | Document Date: 6/04
    Renton

  12. Guidelines for auction of surplus
    Other Gov Doc | Document Date: 2/04
    Jurisdiction: Olympia

  13. Disposal of surplus items outside of the annual citywide auction
    Other Gov Doc
    Jurisdiction: Olympia

  14. Establishes procedures for the disposition of property, other than real estate, which is surplus to the needs of the city
    Policy/Procedure | Document Date: 8/00
    Jurisdiction: Bellingham

  15. Resolution No. 451 - Provides for the disposal of certain inventory items deemed to be surplus to the reasonably foreseeable needs of the city
    Ordinance | Document Date: 6/02
    Jurisdiction: Woodland

  16. Resolution No. 1727 - Declares certain property as surplus and authorizing its sale
    Ordinance | Document Date: 4/02
    Jurisdiction: Puyallup

  17. Resolution No. 296 - Guidelines for the disposal of surplus City assets
    Ordinance | Document Date: 1996
    Jurisdiction: Medical Lake

  18. Ordinance No. 2003-11-072 - Disposition of surplus property
    Ordinance | Document Date: 11/7/03
    Jurisdiction: Bellingham

Expand Section Paper Documents (3 Results)

  1. Disposal of surplus property
    Request this document | Document Date: 11/96
    Jurisdiction: University Place

  2. Resolution No. 451 - Provides for the disposal of certain inventory items deemed to be surplus to the reasonably foreseeable needs of the city
    Request this document | Document Date: 6/01
    Jurisdiction: Woodland

  3. Relationship of Intergovernmental Disposition of Property Act to RCW 43.09.210, AGO 1997 No. 5, October 1997, 6 p.
    Request this document | Document Date:
    Jurisdiction: WA State

Expand Section MRSC Library Catalog Documents

Expand Section Featured Inquiries (11 Results)

  1. The city is considering doing a land swap or exchange with a private developer. What are the legal issues to consider?
    With regard to negotiating for the sale or disposition of property, state law does not require a specific process in this situation for your city, other than the process in RCW 35.94.040 that applies when the property involved was “originally acquired for public utility purposes.” The process in RCW 35.94.040 requires a public hearing and a council resolution regarding the conveyance of the property.

    With regard to real property exchanges generally, the key legal consideration is that the city receive fair market value for the property it is exchanging. We recommend that both pieces of property be appraised by an independent, qualified appraiser. If the value of the property owned by the city exceeds to any significant extent the value of the property it is receiving, additional cash or other consideration should be a part of the transaction. The values do not have to be identical but there should not be a significant disparity in the value of the property conveyed by the city or the State Auditor may question the transaction.

    The city council would declare the property being traded by the city to be surplus to the needs of the city. The city may then negotiate with various parties concerning the proposed exchange. It is not necessary that the city use a bid procedure with regard to the sale or exchange of the property.

  2. May a county sell surplus computers on eBay?
    Though the statutes were not written with online auctions (e.g., eBay) in mind, it appears that a county may use them or other online auction sites as a "privately operated consignment auction" referred to in RCW 36.34.080.

    The county must publish notice of the intended auction(s) "once during each of two successive weeks in a newspaper of general circulation in the county" (see RCW 36.34.090). The published notice of the auction(s) must be specific (see RCW 36.34.100); a county would need to list the items to be auctioned and provide the date and time that each auction will be started.

    We recommend that county officials review this issue with their prosecutor.

  3. Is an exchange of property legal?
    If the value of the properties being exchanged is approximately equal then the city may exchange one piece of property for another.

  4. May city officers and employees purchase property from the city?
    It is clear that the mayor and city councilmembers cannot purchase property from the city. City employees in most cases may purchase surplus property as long as they pay fair value. State law does not prohibit the purchase of property by city employees. However, some cities have restricted this practice in order to avoid raising an appearance of fairness issue. If an auction or bid procedure is utilized, then the city employees may bid on the property but may not be given any advantage in regard to the sale that other members of the public do not have.

  5. Who can purchase surplus property?
    In most cases, any public or private entity may purchase surplus property. However, the mayor and councilmembers may not purchase property from the city, regardless of the value, because of a specific statutory restriction. RCW 42.23.030.

  6. Must fair market value be received for property?
    If the sale is to a private party, the fair market value must usually be received in order to avoid the possibility of the Office of the State Auditor considering the sale to be a gift of public property to a private party. This would be in violation of the state Constitution. For example, if an expensive piece of equipment is sold for a nominal amount, such as one dollar, this could raise this issue. However, if the city has made a good faith attempt to find a buyer of a piece of property at the appraised value and no one is interested, that should justify accepting a lower amount.

  7. May the city enact a local ordinance containing specific requirements for the sale of property?
    Yes. The city council may wish to provide procedures for the sale of municipal property. These procedures could require that an auction be held or a bid procedure followed, if this is desired.

  8. Must a bid procedure be utilized for the sale of property?
    No. The state statutes do not require that a competitive bid procedure be used to sell property. Nor is it necessary to hold an auction. These requirements would only be necessary if they were contained in a local ordinance or policy relating to the sale of property.

  9. What procedure is required in the state laws for the sale of property by a city or town?
    This is an area in which the state in most cases has not required that a certain procedure be followed before property may be sold. We do recommend that the city or town council expressly declare that the property is surplus to the needs of the city and that its disposal will be for the common benefit. This may be done by ordinance, resolution or motion.

  10. When is a public hearing required under state law for the sale of municipal property?
    There are only two circumstances that trigger the requirement for a public hearing in state law for the sale of municipal property. One is for property that is originally acquired for public utility purposes. See RCW 35.94.040. The other is for the sale of property to another governmental entity if the value of the property is more than $50,000. See RCW 39.33.020.

    Otherwise, it is a policy decision for the city whether to hold a public hearing prior to the sale of municipal property.

    For more information on this topic see our "Sale of Surplus City Property" or "Sale of Surplus County Property" Web pages.

  11. Can a city sell surplus personal property using eBay?
    Yes. We can see no reason why a city could not use that process for selling surplus personal property, as long as there was a minimum bid established that was equal to the fair market value of the property.

    Keep in mind that city officials and certain administrative officers may be restricted from purchasing surplus property due to conflict of interest concerns. The general rule is that those who are involved in the decision to surplus property (the council) and those in charge of administering the sale (mayor, city manager, or other city officer responsible for the sale) should not purchase the property. General city employees can purchase surplus city property.

    See our "Sale of Surplus City Property" Web page for more information on procedures for selling surplus property.

    Using such Internet auction sites for sale of the property might prove to be very beneficial for the taxpayers.

Expand Section Subject Pages (4 Results)

  1. Sale of Surplus City Property
    Provides information and sample ordinance provisions regarding Sale of Surplus City Property
  2. Statutes - Sale of Surplus City Property
    Statutes - Sale of Surplus City Property
  3. Sample Disposal of Surplus City Assets Policy
    Sample Disposal of Surplus City Assets Policy
  4. Sale of Surplus County Property
    Information regarding Sale of Surplus County Property